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The Final Report of the Session Regarding “Personal Status Laws "

and the Period of Implementation in the Arab States 30-31 May, 2010.

Special to Al- Thara

5-6-2010

Under the auspices of the League of Arab Nations and with support from the Swedish Institute –Alexandria, the Arab Feminist Union held a session this year regarding Personal Affairs Laws and the period of their implementation in the Arab states. The session was held on the premises of the General Secretariat of the League of Arab Nations in Cairo from the 30 -31 of May, 2010¸under the title “Personal Affairs Laws (Family Law) and the Period of their Implementation in the Arab States.” In attendance were 28 unions and organizations and feminist groups representing 21 Arab states.

The session aimed to discuss the current legal situation pertaining to the Arab woman and the obstacles which are faced in the interest of realizing legal protection and the recognition necessary for modification of laws, accompanied by social movements and developments which have affected the situation of Arab women- in educational, labor, economic, and political terms.
A group of papers on the leading work from the participating Arab delegations were presented and discussed, which treated analytically and critically the presentation of women’s issues possessing a link with legal affairs in those states. The whole of these works came to express, in a specific manner, the current situation of Arab women in their countries as relating to legislation, and accomplishments among the efforts to improve the status of Arab women. Therefore, the papers reviewed the problematic nature of the application of laws relating to women in the Arab states and topics which have still not been touched upon by the Arab legislator. The session also reviewed the references which personal affairs laws rest upon- in the representing Arab countries- divine law (Shar’iaa) and national and international covenants.
Within the frame of examination were labor documents regarding the current legal state for women demonstrating that the laws differ from one Arab country to another just as women endure one legal discrimination to another and a lack of equality in different fields.
The session gathered that the obstacles and prevailing societal frameworks, derived from several inheritances of culture stand impeding innovations in the necessary modifications of laws specifically pertaining to women.
The delegations agreed that although the constitutions in Arab countries expressed that citizens are equal, with no difference between them based on gender or race or religion, there is still a clear gap between the constitutional text and it’s manifestation in legal text- a matter which creates a contradiction between them.
Despite the signing and consent of the majority of Arab states to the agreement at the end of the meeting to the complete discrimination against women, a majority of the state have not adopted the requisite planning to implement these agreements in an effective way. Despite the creation of laws advancing the welfare of woman in several Arab countries, a large portion of these laws remain ineffective- and methods for their application do not exist on the current territory of the matter which necessitates that the working plan lay down implemental tools and provisions.
The Arab feminist unions and leagues play a pivotal role in enabling women and widening their participation in all spheres-political and economic and cultural and educational and on behalf of her rights and place in society.
Accomplishments of Arab women on a legislative and legal basis:
Arab women have made legislative gains in all the Arab countries in different ways as a result of the Arab feminist movements and the support of political initiative and those who possess thought open to equality and in compliance with strong international coalitions.
Coalitions and alliances have formed at the local and regional level and civil society organizations have supported the demands and issues of women at the legislative level.
The obtainment of access for women to centers of production and the adoption of legal, effective, and final decisions formed a branch which tries to orient support and passing into law of their demands.
The session expressed that the comprehensive work “the status of woman in Arab legislations”, an unprecedented publication, immediately follows the observation and tracking of the status of the Arab woman in legislations through their constitutional and legal elements in order to understand the period of obtained progress on the part of governments towards anchoring and protecting the rights of 140 million Arab women.
As an example, a guiding indicator around the legal frames and Arabic organizations for the protection of the family which does not presently exist and will be published subsequently under the auspices of the Arab League as a bill of united authority which grants points on the basis of general rules and principles which govern a group of family matter laws in all the Arab states and fulfills the desire for legislative modifications as they relate to Arab woman in an operational state.
The session prescribed rejecting those suggestions and their methods in which belong to operational conflicts regarding Arabic values.
The recommendations published by the session:
Firstly: General Recommendations
-The transparent need for future deliberation to actualize the role of civil society organizations in advancing the status of Arab woman and that -by means of convening a conference in cooperation both with the General Feminist Union, a legation of civil society, the administration for women in the general secretariat, and the Arab Woman’s Organization- with the aim of recognizing the positions of civil society organizations at the Arab and international level, and the means of support and actualization of the role of these civil society organizations in advancing Arab women’s issues and crystallizing understanding of the partnership between the governments and civil society organizations.
-The creation of an assessment tool to be used throughout the provision of the Arab states by the administration for women in the secretariat, in all modifications of laws and legislations concerned with women, in a periodic form, and that to guarantee the execution of legal equality and its continual legislative inspection discussing sufficient utility of the Arab states.
-The importance of working towards diminishing the gap between the legal text and its practical application which is transferred without the realization of equality between the two sexes.
-Confirmation of the importance of completing the principle efforts which are associated with cases and issues which possess a link with the rights of women and their execution.
-Legislative regulation and preservation of all steps and measures to guarantee its execution in real terms and to guarantee realization of equality and sufficient diminishment in forms of discrimination against women.
-The session confirmed the importance of convening a workshop under the auspices of the Arab League to discuss the guiding timetable before civil society organizations in the Arab states prior to their general acceptance and decisions before the governments of Arab states.

Secondly: Special Recommendations
-The necessity to ensure that the marriage contract comprises conditions which the two partners agree upon which guarantee the respect of woman and her best interest.
-Priority to children.
-Limiting the age of marriage to not less than 18 years with the incorporation of the exception to be heard by a judge in necessary extreme cases.
-Unifying the age of custody in regard to boys and girls to 15 years at the minimum with the right of choice to the guardians.
-The right of accommodation for the guardian and her children at least until the adolescents reach the age of maturity.
-Specification of appropriate places for visiting in the case of a lack of agreement between the two partners as to the location.
-Verification that the woman is of mature age at the signing of the marriage contract.
-The establishment of family courts with the supervision of specialist judges.
-The establishment of offices for familial mediation attached to family courts or Shari’ah courts as a step proceeding final resort to the courts in order to limit the necessary periods in the attempt at mediation.
-The necessity that Personal Affairs Law guarantees the right of the divorced woman to (financial) maintenance and does not permit her to relinquish that right in the face of obtaining a divorce.
-The necessity of the stipulation of medical examination before the settlement of the marriage contract.
-The necessity of proof of divorce and return of a wife (raja’3a)before the relevant state agencies.


Thara E- Magazine No. 236 ,5/6/2010
Reproduction permitted with appropriate citation

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