The Lebanese Legislation: A Gender-based Analysis
The Lebanese Constitution asserts the equality of rights and duties of all citizens, regardless of gender. Lebanon has ratified CEDAW in 1997, and has published it in the official Gazette giving it primacy over national laws.
Despite that, Lebanon is the 5th worst country in terms of gender equality and is ranked 138 out of 142 countries on the 2014 Gender Gap Index.
Regarding Lebanese Family Law:
Family law governs matters such as marriage, divorce, child custody, alimony and inheritance. I Lebanon, there is no a Personal Status Civil Law that regulates Family law matters. So Islamic Chariaa Law and the Christian Personal Status law are applicable.
Legal age of marriage: The recognized legal age of marriage for women range from 9 among Muslims to 14 years among Christians. For men, the legal age is 18 years among both Muslims and Christians.
Inheritance: Islamic law provides that Muslim women inherit from their fathers, mothers, husbands or children 50% only of what Muslim men can inherit.
Christian men and women in Lebanon are treated equally and receive the same shares of inheritance. in reality, some families take measures to ensure that male heirs receive shares more than female heirs.
Polygamy is permissible among Muslims following to Chariaa law. Muslim men are allowed to take up to four wives, while women cannot.
Divorce: As per Islamic law in Lebanon, Men have the right to divorce unilaterally their wives, whereas women can only apply for a divorce under few sets of conditions. Christian’s sects prohibit divorce, but marriages can be void in some cases.
Regarding Lebanese Labor law:
Male employees are always entitled to compensation for their non-working wives, but female employees are only entitled to such compensation if their husbands are deceased or suffer from an illness that prevents them from working.
According to the Decree No. 1306 of 18/6/1971 (Ministry of Foreign Affairs), Lebanese women cannot apply for the exam set by the Ministry of Foreign Affairs unless they are single! Women are requested to submit a recent Personal Status Record proving their marital status in order to be able to apply.
One thing in the Labor law in favor of Lebanese Women: They enjoy a maternity leave (70 days), while Lebanese Men do not enjoy any paternity leave.
Regarding Lebanese Citizenship Law:
The 1925 Lebanese Citizenship Law states that: “IS CONSIDERED LEBANESE EVERY PERSON BORN OF A LEBANESE FATHER”
So unlike Lebanese Men, Lebanese women married to foreign spouse cannot pass their citizenship to their children or spouse.
Therefore, the children of Lebanese fathers are considered Lebanese and consequently Citizens, but ironically, the children of a Lebanese woman married to a foreign man are considered Residents and not Citizens, and they Sadly do not share the same rights and duties that Lebanese Citizens have (access to free education and free health care services, they cannot enter and exit Lebanon easily because they have to renew their residence permits on yearly basis…)
The main reason is political. If Women are granted this right, many Palestinians and Syrian Men and Children will have the Citizenship, and then Muslim Community in Lebanon will overcome the Christian Community and will put its existence in danger.
Regarding Lebanese Penal / Criminal Law:
As per Penal code, a woman can be found guilty of adultery if the act takes place inside or outside her home, whereas the man will only be punished for adultery if it takes place inside his home or when his adulterous relationship is public knowledge.
Man's sentence ranges from 1 month to a year; a woman's sentence for adultery is 3months to 2 years.
A woman is required to have the testimony of witnesses to prove her innocence, whereas a man can be proven innocent based on lack of material evidence, such as simple letters or documents.
Regarding Honor Crimes, the Penal code allows for a man to receive a lighter sentence if he surprises his wife, sister, or any female relative in the act of adultery and proceeds or attempts to kill or injure her without prior intent.
Regarding rape crimes, Penal code states that a rapist will not be prosecuted if he marries his victim within a year after the crime is committed.
Regarding Domestic Violence and protection of Women:
Domestic violence has increasingly become a topic of discussion over the last few years.
Lebanese Patriarchal government considered that the general articles of the Penal Code that punish any aggressive and violent act are enough, and they involve domestic violence, and therefore, there is not no need for a special law criminalizing Domestic violence.
In 2014, two years ago, a new law has been voted. It criminalizes domestic violence and protects women and children against it, but it isn’t complete and clear.It lacks clear legal definitions (what is domestic violence) and doesn’t cover all crimes (e.g. domestic rape). Its implementation is still an issue especially that women are usually afraid to ask for the rights provided in the law since it is scandalous.
Regarding Female Migrant Workers in Lebanon:
Female Migrant workers are not governed by Lebanese labor law. Their status is governed by a contract between the worker and the employer.
That means that:
they are denied a right to earn Lebanon's minimal salary,
they do not have a maximal number of working hours,
they have no guaranteed time or day off or vacation
they are denied accident and end-of-work compensation,
They are being locked indoors by their employers;
Their passports are confiscated by their employers,
They are often Victims of Physical and sexual abuse.
Regarding LGBTQ community in Lebanon:
Homosexuality has been removed from the Manual of Mental Disorders in 1973. In Lebanon, it is still criminalized. Lebanese law does not explicitly criminalize it, but Article 534 of the Lebanese Penal code targets Homosexuals indirectly. The said article criminalizes any “sexual intercourse contrary to the order of nature”. This article has been criticized especially that the expression "order of nature" is so wide and has not been legally defined, and LGBTQ people should be considered as the sons of Nature.
