Cultural theology in Jordan has potent influence within the society and translates into the formulation of women and girl�s roles from birth. This has been understood to be about patriarchal control of roles and power, ultimately transforming the girl into a commodity, rather than an individual human being to exercise her rights fully.
Such culture creates young girls vulnerable to issues such as early forced marriage, honor killings, domestic abuse, and son-preference.
Various degrees of inequity may also be found in the Jordanian law, legitimizing discrimination against girls and women. Some articles go so far as to disregard Shari�a law, and basic human rights laws, and rather are affected by male-dominated customs and traditions. Research has shown that �efforts are needed to go beyond the simple condemnation and criminalization of violence against children so that legislation becomes a powerful tool for prevention, social mobilization, and behavior change� and that there must be efforts �to repel existing laws and regulations and remove customs and practices which discriminate against and cause harm to the girl child� .
It has become increasingly evident that the girl child in society not only proves to be of value in and of herself, but that the care for a girl child translates into the progression of an entire family unit, the reduction of poverty, an enhancement of health care, declining fertility, and overall improvement in economic performance for the society as a whole . The state of the girl child in the world is in need of amplified attention, according to a report released by UNICEF�s Innocenti Research Centre early this year. Although violence against children takes many forms, experiences among boys and girls differ. The study addresses the gender dimension of violence, and the �structural and systemic causes of male violence towards women and girls, the risk factors that increase their vulnerability, and the factors that shape their personal experiences of violence� . Thus, the report recommends that �efforts are needed to go beyond the simple condemnation and criminalization of violence against children so that legislation becomes a powerful tool for prevention, social mobilization, and behavior change� and that there must be efforts �to repel existing laws and regulations and remove customs and practices which discriminate against and cause harm to the girl child� .
In Jordan, cultural theology, including Tribal beliefs, and more notably �urf (norms), have potent influence within the society and translate into the formulation of women and girls� roles from birth.
Expectations for young Jordanian girls begin the process of engendering, most notably by placing the girl under the �protection�
of a male member of her family, never fully allowing her to become independent, but rather formulating a particular position for females as being dependent and obedient to their male counterparts. This is understood to be about patriarchal control of roles and power, (especially when taking into consideration the responsibility for the family�s honor, placed in the hands of the female), transforming her into a commodity, rather than an individual human being to exercise fully her rights. Such culture creates young girls that are vulnerable to issues such as early forced marriage, honor killings, domestic abuse, and son-preference.
However, the violence does not end there. Various degrees of inequity may be found in Jordanian law, legitimizing discrimination against girls and women. Some articles go so far as to disregard Shari�a law, and basic human rights laws, and rather are affected by male-dominated customs and traditions. One such law is article number 165 of the Jordanian Civil Code Law that entitles a male child to financial support from his custodian after coming of age, yet if a girl child who has reached puberty decides not to stay with her father, she is denied that same right. The law is generalized to all such girls, deeming them to be disobedient, rebellious against customs, and having a predisposition towards delinquency. Another infamous example of such discrimination is that of article number 340, which states that the sentence is lessened (to five years imprisonment) for a murderer if he were to catch his wife or any female relative for whom he is responsible in bed with another man, and in a moment of rage committed murder. This is further proof of justification of the blatant disregard for women�s security under the jurisdiction of the law.
Article number 5, moreover, states that although the legal age for marriage in Jordan is 18 years for both girls and boys, the Chief Justice may lower this to 15 years depending on his personal judgment and what he may consider to be in the best interests of the bride and/or groom, which may lead to cases of forced marriage if not investigated properly.
These are all examples of cases where cultural ideology transcends the law, permeating it with exceptions and generalizations all based on male-dominated practices, disregarding the lawful rights of the girl child in society, and continuing to extend such biases through the legal system.
The Information and Research Center - King Hussein Foundation aims to not only initiate a national study to accurately assess the state of the girl child in Jordan (defined as a girl under the age of 18 by the Convention on the Rights of the Child (CRC)), but also contextualize the dimensions by which to measure the state of the girl child in order to assess the relationship between dominant culture and the legislative system governing their rights. The project will aim to tackle the aforementioned issues by contributing accurate data on the state of the girl child in the law, by addressing stakeholders, legislation, mobilizing positive change, and formulating a comprehensive book, manual, and database.
Formulation of the manual by the Institute of Family Health (IFH) aimed at benefitting all stakeholders working with children in the country, addressing the state of the girl child from a psycho-social and health perspective.
Content of the Manual:
Part one: Introduction, target group, justification of publishing the manual
Part Two:
- Facts and information on girl child
- Medical and physical facts
- Sexual facts
- Psychological and cognitive facts
- Legal facts
Growth characteristics of girl child and its problems
- Stages of physical and cognitive growth
- The moral development of girl child according to Gilligan theory
- Characteristics and problems of puberty (early puberty)
- Harmful and threatening practices on the physical and psychological health of girl child
- Female circumcision and its psychological and health effects
- Female killing, abortion and separation of sex
- Honor killings
- Sexual abuse and sexual harassment
- Physiological and sexual disorders
- Girl child labor
- Scenes and manifestations of discrimination against the girl child
- Discrimination in treating, education, health care, financial expenditure and family inheritance
- Forced marriage
- Reaction toward a new born female and gender perspective
- Depression
- Psychological disorders for girl adolescence such as Anorexia nervosa and anorexia bulimia
- The differences between both sexes in response to domestic violence and use of coping skills to deal with stress.
- A summary of why girls are in danger?
Part Three: Specialized skills to deal with female in the following situations:
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Education topics of puberty.
International legal frameworks addressing the rights of the girl-child are found in two major conventions: the Convention of the Rights of the Child (CRC) and the Convention for the Elimination of Discrimination Against Women (CEDAW). The CRC, ratified by the General Assembly on 20 November 1989, builds upon the Universal Declaration of Human Rights (1948) proclaiming “a child is entitled to special care and assistance”. In its preamble, the CRC states that a “child should be fully prepared to live an individual life in society…and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity”. It further defines a child as “every human being below the age of eighteen” (CRC, Art. I).
The CRC has identified and defined four core principles applying equally to all children:
- Regardless of the background of the child, the parent or the legal guardian, children must not suffer discrimination.
- Children have a right to life and maximum survival and development in all aspects of their lives.
- The best interests of the child must be a primary consideration in all decisions or actions that affect the child or children as a group.
- Children have the right to have their views heard and be taken seriously in all matters affecting their lives.
CEDAW was adopted on 18 December 1979 by the United Nations General Assembly also building upon the Universal Declaration of Human Rights, recognized that “discrimination against women violates the principles of equality of rights and respect for human dignity.” The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women, and has been instrumental in bringing to light all the areas in which women are denied equality with men.
These two conventions are the main international legal frameworks for the girl-child as they appropriately address the rights of children and women. However, the girl-child represents arguably the most difficult challenge to the conventions as culturally based norms and ideologies place the majority of unfair gender based discrimination on girls. This affects family and social dynamics, yet is also apparent in education and labor. Furthermore, cultural norms can have adverse affects on the health of the girl-child. Early marriage often results in dangerous early childbirths and domestically, gender based violence continues to be a huge problem. With these in mind, there are four main areas reflected in the conventions in which the girl-child is most affected: discrimination, education, health and violence.
Discrimination
Article 2 of the CRC assures protection of the rights set forth in the convention irrespective of “the child's or his or her parent's or legal guardian's race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.” It further states that “parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.”
The Convention for the Elimination of Discrimination Against Women (CEDAW) has defined the term discrimination against women to mean “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
Education
The CRC clearly defines provisions for the right to education of children and for ways to achieve this right. Particularly, Article 28 of the CRC states that parties shall:
a) Make primary education compulsory and available free to all;
b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
c) Make higher education accessible to all on the basis of capacity by every appropriate means;
d) Make educational and vocational information and guidance available and accessible to all children;
e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
CEDAW outlines educational provisions in Article 10 which states that “parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education”. It particularly refers to equality in conditions for career and vocational guidance; access to curricula; and benefit from scholarships and other study grants.
Health
Health is addressed in the CRC in Article 24 and states that the child has a right to “the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health.” Furthermore, there are measures provided which are particular to the girl-child that include, diminishing infant and child mortality; ensuring appropriate pre-natal and post-natal health care for mothers; access to education in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents; and developing preventive health care, and family planning education and services.
CEDAW has a guarantee of healthcare equality in Article 12 and provides specific measures with respect to pregnancy. It states that “appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.”
Gender-Based Violence
The CRC contains a provision regarding violence against children. Article 19 states that “parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. “
In December 1993, the Declaration of the Elimination of Violence Against Women was passed by the United Nations General Assembly. The term violence against women was defined as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”
At the level of strategic planning, there has been several national strategies and plans directly related to the rights of the child implemented in Jordan. These include:
(a) The Jordanian National Plan of Action for Children for the years 2004-2013 launched in October 2004;
(b) The Early Childhood Development Strategy in Jordan launched in December 2000 and the subsequent Plan of Action for the years 2003-2007;
(c) The National Youth Strategy for Jordan for the years 2005-2009 adopted in December 2004;
(d) The National Strategy for the Elimination of the Worst Forms of Child Labor 2002;
(e) The Strategy of the Ministry of Social Development and the National Aid Fund (2004-2006);
(f) The Government�s Social and Economic Development Plan (2004-2006) and;
(g) The Government�s Employment and Poverty Alleviation Plan (2005-2007).
These initiatives cover the entire spectrum of child welfare in the Kingdom. In addition to these strategies, there are constitutional laws that define and protect the girl child. Conversely, there exist some laws that are detrimental to the girl-child predicated on cultural norms and practices.
Discrimination
Article 6 of the Jordanian Constitution contains the principle of equality of all Jordanians before the law and some provisions emphasize the principle of nondiscrimination. However, there exists still discrimination against children of Jordanian mothers on account of their father�s non-Jordanian nationality and children born out of wedlock. There has also been concern raised over discrimination against children living in extreme poverty and children living in the remote areas of the country (Committee Report, 2006). Culturally, stereotypical attitudes concerning the roles and responsibilities of women and men still constitute an impediment to the full enjoyment of all human rights and fundamental freedoms by girls. Furthermore, the Personal Status Act of 2001 sets the minimum age for marriage at 18 years for both sexes and yet this law is undermined by a judge decreeing a marriage of a younger age acceptable.
Education
Jordan has a strong commitment to universal education. When the constitution was revised in 1952, Article 20 proclaimed that primary education was to be compulsory and free in the public schools and open to all nationals. The State party has been known to spend 20.6 % of public expenditure on education (Committee Report, 2006).
The most significant legislation on education was the Law of Education No. 16, enacted in 1964. This law dealt with the overall philosophy of education in Jordan, specifying the objectives of the compulsory cycle as well as those of secondary schools and educational institutions.
There is however, no reference to non-discrimination in the acts regarding education. Although primary education is to be compulsory for all nationals there has existed a traditional underrepresentation of girls in the classroom (although this trend is changing).
Health
Jordan has a well-developed health care system and demonstrates a continuous effort to provide all children with access to health care services. However, the Jordanian constitution contains only one provision (Article 23 (e)) which deals with health explicitly and it relates to the health safeguards in workshops and factories (Patterson, 2007). The lack of legislation is a concern to some organizations with the UN�s Committee on Social, Economic and Cultural Rights, stating that Jordan had �given little attention to incorporation of relevant provisions of the Covenant in its legislation.�
Gender-Based Violence
Jordan still has its fair share of domestic and gender based violence. Although most is illegal according to the laws of the country, there are a couple of anomalies. A hugely discriminatory law exists in Articles 340, 98 and 99 of the Jordanian Penal Code, which provide for a reduction in penalty for the �honour� crime cases. Article 340 states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty". Where the crimes do occur Article 98 provides further protection, stating that "he who commits a crime in a fit of fury, caused by an unrightful and dangerous act on the part of the victims, benefits from a reduction of penalty."
Furthermore, physical punishment in the home remains culturally accepted and notably, Article 62 of the Penal Code permits parents to discipline their children within the limits established by �general custom�.