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General
Union of Palestinian Women
The National Strategy for the Advancement of
Palestinian Women
3. In the Legal Realm:
Existing Problems: An Overview:
The Palestinian people have been deprived of their right to formulate
their own national laws and legislations as a result of being subjected
to an amalgamation of laws inherited from different historical periods:
Ottoman , British Mandate, Jordanian and Egyptian laws, and Israeli
military orders. In addition, Palestinians in the diaspora are subject
to the laws of their host countries. This multiplicity of laws led to
the lack of a consistent and uniform Palestinian legal reference.
Furthermore there are many gaps in these laws that have negative effects
on Palestinian women.
Israel's refusal to abide by binding international resolutions and
agreements signed with the P.L.O and the PNA. hindered Palestinian women
from practicing their right to participate in drafting laws and
legislations.
Objectives:
1. To set Palestinian legislations that would protect, and
consolidate women's rights
and to amend existing laws according to the Convention on the
Elimination of all Forms of Discrimination against Women.
2. To guarantee an independent judicial authority to reinforce the
fundamentals of a democratic civil society in accordance with the
principle of separation of the three powers: the executive, legislative
and judicial.
3. To ensure legal awareness of all aspects of the society, particularly
women's rights as they are human rights.
Procedures:
A. Public Laws.
1. To demand the inclusion of specialized women bodies in the legal
committees to review draft laws concerning the protection of women.
2. To secure a labour law that guarantees work rights in compliance with
international and Arab Labour Organization standards.
3. To amend insurance and wage laws to guarantee that children inherit
their mothers' work benefits and credits in the same manner as men.
4. To establish a fund for women or a social security fund to handle
compensations for work accidents, unemployment, old age, maternity, and
children allowances.
5. To guarantee women's legal rights for social security and inheritance
rights.
B. Penal Code
1. To guarantee gender equality before the law.
2. To consider crimes of honor as premeditated crimes that have no legal
justification.
3. To inflict maximum penalty on crimes of rape and adultery.
4. To deal with cases of delinquency, especially those of female youths,
in specialized courts and by qualified judges in this field, to set up
reform centers, and to provide sufficient care for both male and female
delinquents.
C. Law of Personal Status:
1. To establish a Personal Status Department concomitant with
advancing the status of women and their development.
2. To encourage the process of "Ijtihad" (particular to
Islamic law regarding Personal Status issues). To impose restrictions
and proceedings in cases of polygamy.
3. To establish codes of law for religious courts to secure brief trial
procedures and stands of evidence by which women can attain their
rights.
4. To raise the minimal marriage age to eighteen years.
5. To establish a mandatory medical examination for couples before
marriage.
6. To promote jurisprudence proficiency in matters of personal status
through creating a specialized judiciary training institute.
7. To set regulations and procedures that enable women to get urgent
alimony, through a government affiliated fund, association, or bank that
would be responsible for collecting it from the husband.
8. To formulate laws which give women the right to extend citizenship to
husbands and children.
D. Societal awareness:
1. To spread legal awareness in schools through the social studies and
to introduce a course on legal affairs at the university level.
2. To create a government department whose aim is to carry out legal
researches, extend legal advice and implement a literacy program for
women.
E. Violence against Women:
objectives:
1. To be committed to the provisions of Human Rights and Child Rights
documents as women's rights are human rights.
2. To research the causes and outcomes of social violence directed
towards women and the effectiveness of preventive procedures in this
concern.
3. To protect Palestinian women from the violent effects of occupation.
Procedures:
1. To demand that the Palestinian political leadership sign the
international convention on the "Elimination of All Forms of
Discrimination against Women", issued by the United Nations, 1979,
taking into consideration the reservations by members of the
Arab League.
2. To develop legislations committed to human rights that penalize
violence and to review legislations that affect the life of women and to
propose recommendations that ensure the progress of women.
3. To support and encourage education that is based on democratic
concepts, equality and tolerance.
4. To provide legal and psychological centers for women as well as
centers for women subject to violence and to develop a specialized cadre
on familial violence directed
against women.
5. To provide legal educational and awareness programs and to direct the
official mass media towards eliminating all appearances of
discrimination against women.
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