Prohibition of Polygamy, Early Marriage in Self-Administered Areas

New laws issued related to women in the self-governed Al-Jazeera canton

The common governance of the Al-Jazeera Canton has announced on its official Facebook page that Legislative Decree No. 22 for the year 2014 has been issued. The decree included the basic principles and general provisions related to women. The basic principles of the new decree are:

 

1. The fight against the radical authoritarian mentality is the duty of every individual in the self-administered areas.

 

2. Equality between men and women in all fields of public and private life.

 

3. Women have the right to run for all positions.

 

4. Commitment to the principle of participatory management in all institutions.

 

5. Women have the right to form their own political, social, economic, cultural and defense organizations, in a way that does not violate the social contract.

 

6. The attendance of representatives of women's organizations and human rights organizations as observers when discussing the laws issued in exceptional cases in the Legislative Council.

 

7. When the legislature laws related to women are issued, their will should be taken into account.

 

8. Equality between men and women in the right to work and in payment.

 

9. Equality between the testimonies of women and men in terms of their legal value.

 

10. Prohibition of obliging a girl to marry without her consent.

 

11. Prohibition of dowry as it is a material value aims at degrading women, and it shall be replaced by the participation of the two parties in securing the participatory life.

 

12. Marriage contracts are to be issued by civilian bodies.

 

13. Prohibition of polygamy.

 

14. Both parties have the right to seek separation or divorce, and divorce cannot take place according to the will of one party.

 

15. Equality between men and women in all matters related to inheritance.

 

16. Prohibition of obligatory marriage to cousins.

 

17. Criminalize killing under the pretext of honor and considering it a full physical moral and legal crime punishable by the penalties stipulated in the penal code as a deliberate crime.

 

18. Impose strict and equal punishment upon the perpetrators of infidelity regardless to their gender.

 

19. Criminalize all forms of trafficking of children and women and impose strict punishment on the perpetrators. This includes all types of trafficking (sexual exploitation – child labor – trading in human organs).

 

20. Prohibition of violence and discrimination against women, and discrimination is considered a crime punishable by law. The democratic self-administration shall fight against all forms of violence and discrimination through developing legal mechanisms and services to provide protection, prevention and treatment for victims of violence.

 

21. The democratic self-administration shall ensure the rights of children and protect them from all forms of violence and exploitation.

 

General Provisions:

 

22. Men and women shall be granted equal rights with regard to the nationality law.

 

23. The self-administration will ensure democracy for the individual and the family, especially for children and women with regard to health and social security and the basic requirements to live a free and dignified life and to provide the necessary protection for widows and older women.

 

24. Prohibition of under-age marriages.

 

25. The woman has the right of custody until the children are 15 years old, whether she is married or not. Afterwards, the children have the right to choose which party to live with, and the duty of both parties is to secure housing for children throughout the custody period.

 

26. If the children under the age of 15 want to travel, taking permission from both parents is required.

 

27. In women and family cases before the courts, the attendance of a representative from women's center is required, but his opinion is advisory, and non-binding.

 

28. Paid maternity vacation shall be granted for working women after each of the first three births.

 

29. In case of separation, the wife has the right to her gold items or their equivalent value, whether they are in her possession or have been sold by the husband.

 

30. The democratic self-admiinistration shall establish special centers for pregnant and breast-feeding women to spend the duration of their sentences, taking into account their status and the status of the fetus and newborn.

 

The common governance stated that this law is considered effective since the date of its publication in the official newspaper.

 

Translated and edited by The Syrian Observer

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