A Legal Framework Against Sexual Violence
Written by LS.
From my previous work experiences as a case worker, social work (SW) practices became embedded in my insight as a Jordanian-Palestinian: I came to believe that nothing is more sacred than protection from gender based violence (GBV) and sexual violence (SV). SV is “any sexual act or attempt to obtain a sexual act, unwanted sexual comments or advances or threats of harm, by any person regardless of relationship to the victim” (ISAC, 2008). In Jordan, women are at risk of SV including rape and sexual harassment (SH). Most women and girls who experience the trauma of SV will be left with psychological after-effects, which may need to be addressed such as post-traumatic shock disorder, loss of self-esteem, feelings of guilt and shame, self-blame and suicidal thoughts.
Cultural structure and function are primary factors when discussing SV, since these play an integral part in the harassing of women by strangers. Therefore, it plays a very important part in the issue of SV because this kind of gender-based violence is specifically informed by cultural practices. However, we should not serve to legitimize such violence under the banner of cultural norms. Specific programs to counter these must be developed, both at the local and national levels.
In Amman, I had the chance to interview two cases of exposure to SH where it most commonly occurs, on the main road or in the workplace. My first case Kate (not her real name) was an American-Asian woman in her 30s. Her incident happened in the evening around 8:00pm. She was walking by herself on a foot bridge at 3rd circle. The perpetrator was walking from the other side of the bridge, and when he passed her, he turned around then groped her from behind. Kate said: “When the perpetrator harassed me, I told him ‘haram aleik’ (what you did is prohibited).” He calmly smiled and walked away. After the incident, Kate expressed that she felt sick to her stomach. For many months, Kate became afraid to walk by herself, particularly at night, and she felt hatred for males, seeking to avoid contact with them for over a month after the incident. Another case Nadine (not her real name) was walking in the early morning around 8:00am up some steps leading onto Rainbow Street in Jabal-Amman, and a man was waiting there. Nadine mentioned that when she walked past him, he placed his hand on her breast – she immediately smacked it off and screamed. The perpetrator turned around and calmly walked down the steps and acted as if nothing had happened. Nadine stated that she screamed “haram!” at him, “but that would not mean anything to someone as Godless as he was – so even using that word was futile.”
These two cases are examples for other women and girls who are victims of SH in Jordan. Unfortunately, these result from a socio-cultural heritage and a weak legal framework in which a woman’s body is treated as property. Jordanian laws provide little or no protection for female victims of violence. Jordan’s penal codes classify SV as against public morals and ethics, explaining that any crime against an individual is a crime against the norms and values (Amnesty International, 2005). The legal and social barriers (culture of silence) and discriminatory legislation in force in Jordan does not act as a restriction to violence, nor does it provide victims with adequate rights for the abuse they have suffered. Therefore, these risks should be taken into serious consideration when confronting the phenomenon of SV.
The Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW), requires the Jordanian government to take action to eliminate violence against women as a form of discrimination that inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men. Despite the ratification of CEDAW, it is evident that the Jordanian government continues to fail to take this convention seriously. Researchers should focus on analyzing: the notion of GBV and the dynamics of acts of SV in the Jordanian society, with the aim of providing feedback for a comprehensive action program on this issue. Also, they should refine the concept of SV through workshops, which would prepare the ground for qualitative field research in Jordan that could help examine the link between cultural norms of gender, ethnicity, and age.
A critical area for the 21st century that has great potential for bringing about change is the issue of gender activism. Gender activism can bring about expansive change by implementing action against crimes of violence, like SH and by creating public awareness of this issue. These activists can redress various instances of gender discrimination and constantly monitor government agencies, police, and the judiciaries. They should also be aware of the local policies and laws affecting the victims of SV.
SV is a crime not only against women and girls, but also a crime against humanity. Institutions and leaders must join efforts with the wider civil society, including political parties, to put an end to this horrific phenomenon. Victims must be protected and the perpetrators of these crimes must be appropriately punished and re-educated.
Resources:
Amnesty International (2005). Women and conflict, the untold story. Available at: http://news.amnesty.org/. Accessed November, 2009.
Inter-Agency Standing Committee (2008). Guidelines for Gender-Based Violence interventions in Humanitarian Settings. Geneva.
The United Nations Population Fund (2005). Discrimination against the girl child Available at: www.unfpa.org/. Accessed November, 2009.
L.S., thanks for keeping the profile of this kind of behavior upfront.
[...] Also, they should refine the concept of SV through workshops, which would prepare the ground for qualitative field research in Jordan that could help examine the link between cultural norms of gender, ethnicity, and age. [Source] [...]
I think that there is a bigger picture that we need to look at here. It is easy to condemn this kind of behavior and its perpetrators, and I most certainly do, but I think we also need to look at some of the root causes of this and other issues related to male behavior in our society, and to discuss ways to deal with them.
My experience working at the grassroots level in marginalized communities in Amman has lead me to a conclusion that one of the main contributors to this and other kinds of behavior by boys and young men, is the fact that, after the third grade, public schools become single-sex schools. At the age of 9, boys are suddenly surrounded by all male teachers, school administrators and support staff, and given the conservative nature of many of these communities, this creates a situation where boys have no contact with girls or women outside their immediate family. As a result, girls and women remain a complete mystery to boys and young men, and are not perceived as individuals in their own right. In addition, and apart from their mothers, boys do not have a single authority female figure in their lives, which further contributes to the objectification and stereotyping of women by men in our society. On the other hand, male authority figures -teacher and administrators- often resort to a mix of physical abuse, intimidation and humiliation as means of “education’.
I have seen firsthand than when boys of all ages are able spend time in an environment where girls are present and where women are teachers/managers/mentors, this goes a very long way to creating a healthy environment for interaction and a natural process of relationship-building which ensures that both boys and girls begin to view each other with less suspicion and helps breakdown some of the stereotypes. As a result, I am a strong advocate for having women teachers/administrators at boys’ schools in Jordan and allowing for schools to remain co-educational for longer. In the meantime and in parallel, kids need access to afterschool outlets where boys and girls can interact and take part in joint activities in a safe and nurturing environment.
Another crucial issue is that, this being a patriarchal society, there is an assumption that young men enjoy a host of privileges that young women do not. While it is true that boys and young men enjoy more mobility than their female counterparts, they are also subject to different forms of harassment and discrimination, and ones which are considered acceptable by society. For example, young men are not allowed into many public spaces around the city, including coffee shops, restaurants, shops, malls, souqs, hotels, swimming pools, amusement parks etc.
Young men, especially those from lower-income communities, are deemed guilty and are not even given the opportunity to prove their innocence. As a result, they tend not to know how to behave and may behave badly, in the few areas where they are permitted, or where their access cannot be barred. People in our society need to be allowed to be able to move freely and to exercise their constitutional right of access to all public spaces regardless of age/ gender/ socioeconomic status, so we can set ourselves on the path towards a natural and healthy state of existence and co-existence.
This of course will not guarantee that sexual harassment will be eliminated, but by raising the value of the individual, both male and female, and his/her contribution and presence in public life, the result is more conscious, responsible citizens who have a higher stake in the overall shaping and preservation of society and its norms.
Raghda, what we need is an action plan… More Advocacy tools to stop this.. Gender activism is the key and it will attribute the underreporting of SV to a variety of factors, including: the perceived futility of seeking justice; societal stigma associated with reporting SH to the authorities; potentially life-threatening consequences of reporting the abuse; and the fact that the perpetrator is often the only breadwinner in the society.
Today many females have being harassed by men. Most of the social workers identified the causes of male deviant behaviors as related to fear of religious anxiety, gender violation, prejudice, etc. Stigma and stereotypes in the Arabic societies created a sense that such males were marginal to the dominant group of the larger society, creating fertile grounds for stereotyping and prejudice. Therefore, we need to stop this .. what we need is collective efforts and spread awareness on this matter.
Another approach would be through working on the school curriculum by the Ministry of Education in order to raise the awareness of gender equality among both female and male students. It is clear that teenagers living in a strongly patriarchal atmosphere, like that of the present Jordanian society, need to learn how to deal with sexual harassment and the right of every person to dignity and security.
Raghda, I spoke with a counselor from JRF about the gender-separated schooling, and she told me that it is a religiously mandated deal. She felt that without parental, societal and curriculum changes, it would just mean more violence against girls.
I grew up in and prefer co-ed schools (not here) and it seems to work in Jordan with private schools when parents back the system and the atmosphere is gender-equal. I agree completely that co-ed schools are better for both genders, although some research shows girls do better in math and science after a certain age in gender segregated schools.
I like what was done in Jabal Amman with the clean-up effort (was that a Ruwwad initiative?), giving a mixed gender group a task and seeing them work together was a great example of what I hear you saying.
L.S., it would seem there needs to be a Eastern model of gender equality that doesn't contribute to the male fear that if women are given rights, they will try and emasculate men as some do in a Western context.
male fear that equality will make
i completely agree with your point of view. If men were more accustomed to seeing powerful and intelligent women, they would learn by observation and first-hand experience that they are equal. Lack of respect also stems from the fact that women are regarded as financially dependent on men (which is true to an extent for the majority of women outside Amman), that since of authority gives men the impression that they own women and hence it is easier to objectify them.
L.S
No doubt an action plan is very much needed. My point was, and my concern is that by focusing on the rights of women girls and their very legitimate issues, to the exclusion of the rights of boys who also face abuse and violence in their every day life, an effective action plan will be a non-starter. Development projects which work with girls and women, to the exclusion of boys and men, have proved to be shortsighted and largely ineffective, and the assumption that boys and young men are the enemy, rather than equal partners in the process of change, will in my opinion, not yield the positive results we all hope for.
kinzi
I was advocating not for co-ed schools, but for having women teacher and administrators working at boys' schools. This would contribute to a situation where both the male teachers and the boys behave with more restraint, and helps boys to see start seeing women as authority figures, rather than sex objects.
Ragha, I see what you meant there. I agree that having women as authority figures will not only benefit the boys, but their mothers when they hear the teacher/admin/ principal backing what the mother says at home. My American teen son battles my authority, and when his female teachers back me, he backs down. A bit. :)
[...] A Legal Framework Against Sexual Violence [...]
L.S. – I just read your piece and responses to it. I'd really like to speak with you about a project I'm working on. Please contact me via facebook or email: rightcheersrock@yahoo.com. Many thanks! Jackie
L.S. – I just read your piece and responses to it. I'd really like to speak with you about a project I'm working on. Please contact me via facebook or email: rightcheersrock@yahoo.com. Many thanks! Jackie