Experts of the Committee on the Rights of the Child Praise Jordan for Adopting Legislation on Children’s Rights, Raise Questions about Child Marriage and Discrimination against Refugee and Migrant Children
The Committee on the Rights of the Child today concluded its consideration of the sixth periodic report of Jordan, with Committee Experts praising the adoption of legislation on child rights and raising questions about child marriage and discrimination against refugee and migrant children.
Benyan Dawit Mezmur, Committee Expert and Coordinator of the Country Taskforce for Jordan, said the adoption of the child rights act and the domestic violence act during the reporting period was worthy of congratulations.
Another Committee Expert said that legislation on marriage required both parties to be over 18 years of age, but there were a range of exceptions. Most requests for marriage by children under 18 had been approved in recent years. Was the State party considering removing legal exceptions allowing child marriage?
The Expert welcomed the Child Rights Act, which prohibited discrimination against all children, but noted that discrimination against refugee and migrant children was prevalent. Why was there a large discrepancy between the law and practice?
Introducing the report, Walid Obeidat, Permanent Representative of Jordan to the United Nations Office at Geneva and head of the delegation, said that children were involved in preparing a comprehensive law on children’s rights that was adopted last year. This law provided for preventive health measures, mandatory and free education, safe play areas for children, the establishment of centres for youths with drug addictions, and measures to prevent school dropouts.
Though the country hosted a large number of refugees, who were straining the State’s services, it continued to abide by its international obligations, Mr. Obeidat said. Of 1.3 million Syrian refugees, 45 per cent were children. Many schools were providing specialised services for these children. The Kingdom was working to address its dire economic situation, regional security challenges and its refugee crisis. Jordan had not caused many of the issues it faced, but was keen to be part of the solution to them.
On child marriage, the delegation said that the number of rejections of marriage requests submitted by minors had increased by 100 per cent in 2020 from 2019, with 11 rejected requests. Sharia courts only allowed the marriage of minors over 16 in exceptional circumstances, in consideration of the best interests of the child. Courts did not allow minors who had married to stop attending school. Training courses for the judiciary were being held to prevent child marriages, and there was a national strategy in place to prevent child marriage.
The Government had been working on a refugee response plan since 2015 that focused on supporting host communities, creating infrastructure, building institutional capacity and supporting refugees. A 2022 response plan to strengthen the country’s response lacked the necessary funding by two billion United States dollars. The international community and donors were encouraged to shoulder their responsibilities regarding refugee hosting. Jordan exempted refugees from school tuition as well as book fees. The number of Syrian students in public schools during the academic year of 2022-2023 was more than 150,000. 62 schools were present in refugee camps, and free primary, pre- and post-natal care was provided as well.
In closing remarks, Mr. Mezmur said the State party had introduced many impressive measures for children, including legislative developments that were firsts in the region. There was room for improvement in the areas of the fight against discrimination, provision of nationality and upholding the rights of children with disabilities. The challenges observed were within the State party’s capacity to meet. Jordan’s position as hosting the second largest refugee-hosting country in world was itself a challenge, but it was obvious that the Kingdom took the issue seriously. Mr. Mezmur called on the State party to take the concluding observations into account and to remain in contact with the Committee for any follow-up.
Mr. Obeidat, in his closing remarks, reaffirmed the importance of the rights of the child and Jordan’s commitment to improving the environment in which they lived. Children were the future. Since the second century, Jordan had provided education and healthcare to all children regardless of nationality. The law on the rights of the child would guarantee further rights and protection for children in the future.
The delegation of Jordan consisted of representatives from the Ministry of Foreign Affairs; Chief Justice Department; Directorate of General Security; National Council for Family Affairs; Ministry of Social Development; Ministry of Justice; Prime Ministry; Ministry of Labour and the Permanent Mission of Jordan to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Jordan at the end of its ninety-third session on 26 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public this afternoon at 3 p.m. to consider the combined fifth and sixth periodic report of Sao Tome and Principe (CRC/C/STP/5-6).
Report
The Committee has before it the sixth periodic report of Jordan (CRC/C/JOR/6).
Presentation of Report
WALID OBEIDAT, Permanent Representative of Jordan to the United Nations Office at Geneva and head of the delegation, said that since the last review by the Committee in 2014, numerous measures had been taken by Jordan in line with the comprehensive national human rights action plan for 2016-2025 to promote human rights and develop national and individual capacities. In 2022, amendments were made to the Constitution to reinforce the rights of marginalised groups, including women, persons with disabilities and children. The Committee’s recommendations to Jordan’s previous report had been translated into actions and various laws had been implemented to enhance the rights of the child.
Children had been involved in preparing a comprehensive law on children’s rights that was adopted last year. This law provided for preventive health measures, mandatory and free education, safe play areas for children, the establishment of centres for youths with drug addictions, and measures to prevent school dropouts. A coordination committee had been established to follow-up on the implementation of the Child Rights Act.
Further, a regulation had been introduced to protect workers’ rights, and guidelines for inspecting agricultural facilities had been developed to detect and prevent child labour. A manual on preventing and identifying forced begging had also been developed.
Jordan hosted a large number of refugees, who were putting a strain on the State’s services. However, the State continued to abide by its international obligations concerning refugees. Jordan hosted 1.3 million Syrian refugees, 45 per cent of whom were children. Many schools were providing specialised services for these children.
Measures to address school dropouts were being implemented. The State was also working on increasing access to kindergartens by supporting the establishment of private kindergartens, among other measures. Military institutions were providing education and health services in remote areas. In response to the COVID-19 pandemic, distance learning was provided for children unable to attend schools. A plan to strengthen the education system was in place until 2030.
Strategies were also in place to address domestic violence and violence against children. Jordan had issued a vision document on the modernisation of the economy that addressed children. It expressed the State’s aim to give all children free access to healthcare and education by 2030. Further, the State party was updating its national plan for juvenile justice, and was upgrading court rooms to allow for remote witness testimonies. The State was updating its manual and policies for addressing domestic violence and gender-based violence, and developing a plan to prevent child marriage. Warning notifications were issued automatically when children under 18 applied to marry. Measures were also being implemented to support children who were victims of sexual violence.
The Kingdom was working to address its dire economic situation, regional security challenges, and its refugee crisis. Jordan had not caused many of the issues it faced, but was keen to be part of the solution to them.
Questions by Committee Experts
BENYAN DAWIT MEZMUR, Committee Expert and Coordinator of the Country Taskforce for Jordan, said the adoption of the Child Rights Act and the Domestic Violence Act during the reporting period was worthy of congratulations. Concerning Jordan’s reservations to articles 14, 20 and 21 of the Convention, what was the Government’s goal in maintaining these reservations?
The National Council for Family Affairs played a critical role in protecting children’s rights. What powers to coordinate the State’s children’s policies did it have? Did the Council require additional resources? What budget was allocated to child-related measures and the National Centre for Human Rights? Why had the Centre received so few complaints concerning children? What efforts had been made to ensure the legal accountability of the business sector? Did the Government require companies to conduct environmental surveys related to their activities?
One Committee Expert said that legislation on marriage required both parties to be over 18 years of age, but there were a range of exceptions. Most requests for marriage by children under 18 had been approved in recent years. Was the State party considering removing legal exceptions allowing child marriage?
The Expert welcomed the Child Rights Act, which prohibited discrimination against all children, but noted that discrimination against refugee and migrant children was prevalent. Why was there a large discrepancy between the law and practice? What measures were in place to ensure the full implementation of the State’s inheritance law? There were reports of women and children being blocked from accessing their inheritance.
Reports indicated that children born to non-married parents and foreign parents experienced difficulties in accessing nationality. What measures were in place to address these difficulties? The Expert expressed concern that Jordan maintained its reservation to the Convention article relating to the right to freedom of expression for children. How did the State ensure this right? What measures were in place to support access to identification for asylum seeking children? What measures were in place to improve the digital inclusion of children and access to digital technologies?
Another Committee Expert welcomed the State party’s measures promoting children’s rights, which indicated progress had been made in implementing the Convention. Jordan had made efforts to prevent corporal punishment, however, legislation seemed to authorise parents to use physical and psychological violence against children. Did the State party intend to modify this legislation to ensure that violence against children by parents was not tolerated? Was the State party collecting data on domestic violence? How were parents made aware of the importance of bringing up children without violence? What mechanisms had been established to receive and follow-up on complaints from children regarding violence? How were children informed of such mechanisms? Were hotlines available? Did the State party provide multi-disciplinary care for child victims of violence?
Could fathers access paternity leave? What measures were in place to support single-parent families? How did the State combat gender stereotypes?
There was a lack of human and material resources in child welfare services. Were there plans to strengthen child welfare services and promote deinstitutionalisation? What support was provided for children who had left institutions?
Could mothers deprived of liberty stay with their children in detention centres? How did the State support parents deprived of liberty to care for their children?
Responses by the Delegation
The delegation said that national legislation specified that discrimination based on religious belief was prohibited. However, freedom of religious belief, if totally unrestricted, could lead to problems, so the State required that religious beliefs did not pose threats to society. Adoption ran counter to the Islamic Sharia, while the kafala system achieved the real protection of the best interests of the child. Jordan prohibited adoption to protect the right to one’s heritage and descendance. These were the reasons for Jordan’s reservations to the Convention.
The number of rejections of marriage requests submitted by minors had increased by 100 per cent in 2020 from 2019, with 11 rejected requests. Sharia courts only allowed the marriage of minors over 16 in exceptional circumstances in consideration of the best interests of the child. Courts did not allow minors who had married to stop attending school. Training courses for the judiciary were being held to prevent child marriages, and there was a national strategy in place to prevent child marriage.
Blocks to inheritance only occurred when there was a lack of documentation proving entitlement. The judicial system supported children and all parties to access any inheritance they were entitled to.
Jordan was keen to harmonise legislation with the Convention. The Government had established a multi-institutional committee responsible for implementing the Child Rights Act. To implement the Act, the Government was reviewing legislation on health, education and domestic violence, among others. Each Ministry had a focal point that worked with the committee. The committee provided guidance to Ministries related to their responsibilities to children. Follow-up on the implementation of the Act would be undertaken by the committee. The Higher Council on Juvenile Justice had devised a plan of action to tackle violence against children. In 2022, a strategy was also launched to support juveniles in the justice system. There had been a significant increase in the 2023 budget for services related to children compared to previous years. This indicated the importance Jordan attached to childhood.
The Ministry of Labour regulated inspections and measures to curb child labour. Inspections targeted dangerous sectors with high percentages of child labour. A plan of action had been developed to eliminate child labour in the tourism sector. Awareness-raising campaigns and inspections targeting the tourism industry were being carried out. Leaflets were provided to tourists requesting that they did not buy goods from children, and tour guides were provided with training on identifying and preventing child labour. Inspections of farms were also carried out to ensure minors were not employed in dangerous jobs. Employers were held accountable for employing minors. Training workshops had been held on child labour laws. Inspections were live streamed to ensure accountability. Guidelines standardising inspection procedures had been developed, and companies that complied with labour regulations were provided with tax exemptions.
A specialised unit for the family and juveniles had been established within the police force that received complaints of abuse from children through the phone, email and social media messages. The unit had established offices in refugee camps, and was conducting awareness-raising campaigns on preventing and reporting violence. More than 16,000 people, including police officers, had benefited from training lectures delivered by the unit.
Children who were not able to live with their parents could be placed with foster families or guardians. Guardian families did not receive financial support. Such families needed to be Muslim, incapable of having their own children, and able to financially support children. There was constant monitoring of children in the foster care system. Child victims of domestic violence could be placed in welfare homes, and were returned to their families if that became possible. Children in such homes received education and health care support, and support in reintegrating into society when leaving the homes. The Civilian Procedure Code was also being amended to ensure that the best interests of the child were protected in custody cases. In 2016, the Sharia Code was amended to define the responsibilities of child guardians.
The law on nationality had been influenced by various considerations, including sovereignty. Jordan respected its international obligations regarding nationality. Primary and secondary education was offered to all children regardless of nationality. Children of Jordanian mothers and foreign fathers could own land and property, obtain a driver’s licence and access free health care. Children of Palestinian fathers could remain in Jordan for only one year. This measure was implemented to prevent a flood of Palestinians from entering Jordan.
The 2014 legislation on freedom of expression ensured that right for children, and stipulated restrictions on the use of force against minors involved in protests. Children could not be arrested for exercising freedom of expression without a court order. Police officers were offered training on protecting children’s rights. When children violated the law, they were tried in children’s courts under juvenile criminal legislation. Children were not held in adult detention centres, and the State prioritised non-custodial measures for children in conflict with the law. Persons who harmed children physically or psychologically were held criminally responsible. The identity of child victims was hidden in court proceedings. A draft law on protecting the digital privacy of children had been developed.
The Jordanian judiciary worked to protect child victims of sexual violence. When victims were children, perpetrators were issued with prison sentences of seven years or more. Persons providing support services for children and judicial officers received training on protecting child victims’ privacy. Dedicated units had been established to prevent violence against children. Health workers had been trained in identifying victims of sexual violence. A fund aiding victims of sexual violence had also been established.
Questions by Committee Experts
BENYAN DAWIT MEZMUR, Committee Expert and Coordinator of the Country Taskforce for Jordan, said that Jordan had ratified the Convention on the Rights of Persons with Disabilities, but it had a strategy to promote the enrolment of only 10 per cent of children with disabilities in schools by 2031. How was this goal compliant with the Convention? What measures were in place to address bullying in schools of children with disabilities, which was reportedly prevalent? Children with autism faced challenges in accessing education. What efforts were being made to address these challenges? Did the State party feel that it did not need to criminalise all forms of human trafficking and sale of children addressed by the first Optional Protocol?
Mr. Mezmur congratulated Jordan on the progress it had made regarding the second Optional Protocol. What processes were in place to identify children involved in armed conflict? Was the State party making efforts to extend extraterritorial jurisdiction for the crime of child recruitment, while avoiding double criminality?
Another Committee Expert said the Government had taken measures to reduce the under-five mortality rate from 39 to 19 per 1,000 live births during the reporting period. Malnutrition and infectious diseases remained the main cause of child morbidity. What measures were in place to ensure access to quality health services for all children to combat malnutrition and infectious diseases? How did the Government ensure children were sufficiently covered by health insurance? Did the State have an inclusive reproductive health policy? Were the concerns of adolescent girls taken into consideration concerning abortions? Was there a sexual and reproductive health education programme in schools?
The Expert welcomed the National Strategic Plan on HIV/AIDS for 2012-2016, and the universal health coverage granted to children living with AIDS. However, reports indicated that Jordan did not provide adolescents with enough information about HIV/AIDS. Girls did not have access to counselling and testing services. Did the State have plans to increase access to testing and improve awareness-raising activities?
Were the views of vulnerable children considered in the development of environmental and disaster-related policies and programmes? The Government was providing cash assistance to poor families and implementing measures to support access to fuel and basic food items. Was there a central body coordinating policies addressing children in poverty and a plan to guarantee the rights of such children regarding health, the environment, education and housing?
What measures were in place to facilitate access to free education for all children? How did the State combat discriminatory practices by schools against children of Palestinian origin and children of Jordanian mothers and foreign fathers? The Ministry of Education had opened cultural promotion centres in all regions of the Kingdom targeting school dropouts. What support was provided for pregnant adolescents in schools? How did the State promote access to quality education for children in remote areas? The Expert called for information on the State party’s comprehensive policy of care for early childhood development. The Expert commended the Ministry of Education for organising specialised training programmes for all its staff, which had positive effects on the quality of services for children living with disabilities. How accessible were safe play areas in Jordan?
One Committee Expert said that Jordan was dealing with a problematic situation regarding the large number of refugees it hosted. Much needed to be done to provide refugees with appropriate access to housing, water, health and education. How was the State party developing policies to ensure dignified conditions for refugees? How many child asylum seekers had been arrested or detained for not having appropriate documentation?
Children who worked in family settings were not covered by child labour laws. What protections were provided for such children? More than 45,000 children were reportedly working in the worst forms of labour in Jordan in 2016. What was the number today? Forced begging was a serious issue in the State. Child victims of this practice were often criminalised. What care was provided for children found to have engaged in begging? How was the national guidance mechanism on trafficking implementing its mandate? Child victims of trafficking were only permitted to stay in care shelters for two months. Was this sufficient?
Was free legal aid provided to all minors at all stages of arrest and trial? How many children were in pre-trial detention and for what reasons? What was the time limit for pre-trial detention? Were there any plans to raise the age of criminal responsibility from 12 to 14 years?
Responses by the Delegation
The delegation said that the provisions of the law on personal status provided guarantees for ancient cultural values of Jordanian society arising from the Koran. Inheritance was distributed in line with these customs. The fact that provisions related to inheritance were derived from the Koran meant that they were stable and impartial. All eligible parties received inheritance in line with the provisions regardless of their relationship with the deceased. The Government oversaw this process, guaranteed by mathematical formulae so that human error was impossible. Women with kinship ties were treated equally in terms of inheritance.
Provisions were also in place by which the Government ensured access to medical services for children. Religiously informed law stipulated that a child had the right to a private life. Policies and measures would be adopted to ensure that children would not have access to pornography or fall prey to exploitation.
Jordan was one of the first countries in the region to adopt a law on child and human trafficking in 2009. Between 2010 and 2012, strategies and mechanisms were developed that had produced progress, according to a study implemented with the European Union. A review for the law was underway with judges, academics and other stakeholders to keep legislation in line with new technologies and pathways for exploitation. The law was currently being revised. Additions included texts addressing forced street begging as human trafficking as well as purchase and intent to sell. Punishments were severe for such crimes, including both a fine as well as imprisonment. Protection for victims would be ensured through the Government’s commitments as well as corresponding legislation for the protection of children. The law on trafficking compelled all parties to protect the physical and mental health of the victim, be they child or adult. This focus on mental health would aid the reinsertion process and prevent recurrence. Legal assistance was also provided throughout the legal process so that the victim had access to justice. The Victims Assistance Fund was created by the Ministry of Justice, despite challenges. Within the Ministry of Justice, specialised units identified potential cases of human trafficking based on criteria established by the United Nations. In the past, there was indeed a two-month limit to a stay in hosting centres for victims of human trafficking, but that had recently been lifted. Victims could now stay without a time limit.
A bill was being considered to create a shelter for victims of human trafficking as well as other shelters run by women’s union and other civil society organizations. The Government coordinated with civil society organizations to develop its response to human trafficking. All efforts were being undertaken to combat the sexual exploitation of children. Refugee camps for Syrians received special attention from the Government and the Office of the United Nations High Commissioner for Refugees to address undocumented marriage.
The Personal Status Act stipulated that no one could be forced to waive their personal freedom or legal capacity. These concepts ensured public order. Specialised courts in refugee camps dealt with legal counselling, family reconciliation and marriage documentation to prevent any human trafficking within refugee camps. The same services were also available outside the camps. Jordan was exemplary in respecting human rights and dignity of refugees.
The Residency Law did not allow for the detaining of minors, be they nationals or non-nationals. The juvenile courts had jurisdiction over this issue. The Syrian refugee crisis was an opportunity to be an example for the world. Other countries were not fulfilling their obligations under international law. Burden sharing was of the upmost importance. Almost 750,000 refugees were registered with the Office of the High Commissioner for Refugees, while 1.4 million were undocumented. Jordan took care of them regardless. The Government had been working on a response plan since 2015 with multiple stakeholders. The plan focused on supporting host communities, creating infrastructure, building institutional capacity and supporting refugees. A 2022 response plan to strengthen the country’s response lacked the necessary funding by two billion United States dollars. The international community and donors were encouraged to shoulder their responsibilities regarding refugee hosting.
Jordan exempted refugees from school tuition as well as book fees. Refugees also had access to formal and informal education and were provided with grants for either public or private education. The financial burden to the public treasury created by enrolment of Syrian students was more than 180 million United States dollars. The number of Syrian students in public schools during the academic year of 2022-2023 was more than 150,000. 62 schools were present in refugee camps. Free primary, pre- and post-natal care was provided as well.
The Kingdom was doing its part for refugees in line with its commitments out of principle. The country had a set of suggestions for the international community to solve this problem but also encouraged a political solution within Syria. At one point, the Zatari refugee camp was the fourth largest city in Jordan. While the Kingdom would never shirk its obligations to international law, it was not the country’s primary responsibility. Jordan supported refugees’ right of voluntary return and would never force their return.
Recruitment of child soldiers was thankfully not yet a major issue, but the Government would address any incidences respecting the principle of protecting children, in cooperation with all relevant United Nations agencies.
Laws and regulations were applicable to child labourers without exception—even children working in family businesses. A national committee was created to monitor compliance with labour laws and regulations. In accordance with the Children’s Rights Act, parents held the main responsibility to care for their children, including ensuring that their children continued education and preventing them from dropping out. A study in cooperation with the International Labour Organization and the University of Jordan showed that the Syrian refugee crisis led to an increase in child workers. Following these findings, the Ministry of Labour increased visits, including to follow-up on complaints. If child labour violations were found, they were documented. Of 20,706 inspections in 2022, 260 contraventions were found, 142 warnings issued and 520 cases of child labour discovered.
The inspection service would contribute to amending the legislation on child work to prevent their exploitation. It also enacted awareness raising events on the issue every year. The international day to combat child labour was celebrated yearly and in 2022 a week was dedicated to the issue. Digital awareness campaigns were also available. In 2022, five trainings had taken place for inspectors. Projects were also being created with civil society organizations to raise awareness amongst parents. Another important measure was the website childlabour.jo to inform relevant legal authorities directly of labour violations. Within the Ministry of Labour itself, a gold standard of labour practices was adopted specifically for the textile industry to abide by International Labour Organisation conditions
Questions by Committee Experts
A Committee Expert noted the progress that the State party had made in deleting article 308 in the Penal Code allowing rapists to marry their victims. This was a victory for those who were victims of sexual violence. Why did Jordan maintain its reservations to article 20 and 21 of the Convention? The Kingdom took all necessary measures to fulfil its obligations under Kafala law. Would the State party formally withdraw its reservation to the articles?
Another Expert noted that there was room for human error in the inheritance law which might result in inequalities. Could the delegation address this? Increasing rejections of child marriages were encouraging. Would the State party consider removing this exception from its legislation entirely?
One Expert noted that children were not detained but that their detention was not specifically prohibited by law. Would the State party consider prohibiting the detention of children, especially migrant children? Was the State party considering adopting the Optional Protocol to the Convention on individual communications? What was the status of this process? The current wording on corporal punishment was problematic, given that it gave allowance for “what was admissible by custom”. Families were still given licence to use violence. Would the State party ban it outright?
A Committee Expert addressed services for abandoned children. What was the State party doing to prevent the phenomenon? How would it address the phenomenon of abandonment in all municipalities, including rural areas? What measures were undertaken to strengthen family ties?
BENYAN DAWIT MEZMUR, Committee Expert and Coordinator of the Country Taskforce for Jordan, noted Jordan’s cooperation with civil society organizations. Could the delegation provide more details on the restrictions removed from civil society organizations’ operations, including related to advocacy work?
Another Committee Expert asked for data on pregnancy and abortions for adolescents, including the number of deaths resulting from unsafe abortions. Was there a sexual and reproductive health policy for children? Was sex education compulsory for children?
Another Expert asked about juvenile justice. A joint study with United Nations Children’s Fund and the National Council on Family Affairs showed that children accused of committing an offence preferred to settle informally rather than bring their cases before the formal juvenile court. The study also stated that children felt their voices were not heard. What percentage of cases were settled through informal mechanisms and how did the State guarantee compliance with the Convention in such settings?
A Committee Expert asked what the national strategy was to guarantee the right to a family for non-Muslim children? How were they treated during deinstitutionalisation? Could the delegation clarify the difference between punishment and violence? How were disciplinary measures monitored to ensure that they did not become mistreatment? Some United Nations Children’s Fund reports indicated an increase in violence. How were children informed about violence and how to report it? What was the State party doing to monitor and follow up on this phenomenon independently to improve data collection?
Another Committee Expert asked about female genital mutilation. What work was being done to address this in refugee communities? Had any research been undertaken on the consequences of polygamy on the rights of the child?
Responses by the Delegation
The delegation said that each country in accordance with international law was free to accede or not to a convention. Jordan’s reservations were a sovereign issue. Its reservations did not prevent the Kingdom from implementing the provisions of the Convention.
Adoption was a sensitive topic. Jordan could not introduce legislation running counter to the text in the Koran giving a child the name of the father. The definition of adoption as it stood was in contradiction to the holy text, but it would not prevent the Kingdom from approving Kafala. A clearer definition of adoption would be beneficial for further dialogue on the issue.
Inheritance was based on Sharia law and grounded in equity, which was preferable to equality. A 2019 review of the law stipulated that blood relatives, both male and female, were equal under Sharia law.
Jordanian law did not criminalise children for begging. Legislation stipulated that only adults over 16 could be considered criminals for the offence. Rather, those children forced into begging should be protected. Through the Ministry of Social Development, a specialised office dealt with children of a parent convicted of begging. Children force to beg by a parent were given to the other parent, relative, guardian or social care institutions within the Ministry, which provided services including shelter, food, psychosocial support and vocational training. If it was found that the reason for begging was indeed financial difficulty, the family would be referred to the National Aid Fund, a body providing monthly assistance to poor families.
Children could only be separated from families as a last resort and if it was in the best interest of the child. If conditions within the family improved, the child could be returned to the family. Children without identification or records were considered Muslim if they did not have a religion. If they did, they would be fostered by a family with the same religion as theirs.
The Kingdom fulfilled its obligations to ensure health for children. A census report of 2018 indicated that child mortality for children under five had decreased by 50 per cent. Parents were responsible for the health of their children and health care providers were required to treat patients regardless of their religion. Pre- and post-natal care was provided to over 80 per cent of women. A national vaccination programme was available to all children regardless of nationality to prevent infant mortality. Government interventions in schools increased awareness on the issue.
The Ministry of Health provided services to women of childbearing age including pre- and post-natal care, post abortion care, and crisis health services, including for victims of gender-based violence. 35 per cent of its annual budget was allocated to children. National and international programmes to combat HIV/AIDS were being implemented in collaboration with United Nations bodies, civil society organizations and other stakeholders. The Kingdom provided antiretrovirals to people with HIV at great cost and called on the international community to share responsibility. All donated blood was tested. All those who resided in Jordan for more than one month underwent testing. Care was free of charge for Jordanians and refugees. Prevention services for sexually transmitted infections were also available and awareness-raising campaigns were undertaken in vulnerable communities. However, inaccurate reporting and a lack of resources in this area hampered efforts.
The Ministry of Education had implemented a ten-year plan aiming to provide access for children with disabilities to education. Measures put in place allowed for earlier access for children with disabilities to education through new technologies. The number of inclusive schools for visually impaired children was 1,194. Challenges remained, including the lack of a curriculum suited to their needs. The Ministry of Education provided early education for all nationalities. An increase in enrolment from 63 to 65 per cent of children was observed in kindergartens in 2022.
Law Eight of 1996 and its revisions on prohibiting the labour of juveniles stipulated that a child under 18 could not be employed in hard or dangerous labour. These forms of work were regulated by the Minister. The minimum age for such forms of labour was 18 and not 17.
A special directorate within the Directorate of General Security received complaints from juveniles and responded in line with legislation. The juvenile police could settle disputes and misdemeanours. Sanctions could not be more than two years and settlements were agreed upon by both parties. The specialised court would apply the relevant law. For juvenile police to proceed, consent from both parties needed to be obtained. It was important to settle cases quickly. Cases were settled with a guardian if it was in the best interest of the child, as well as a correctional officer. All cases settled this way were well documented, with each party receiving a report of the settlement. If agreement could not be reached, the case would be heard before a judge.
Disciplinary practices could lead to violence anywhere in the world, unfortunately. In Jordan, a yearly human rights report was circulated to the King and the Prime Minister that reviewed the State’s legislation and policies and presented recommendations for bringing domestic policy in line with international standards. Domestic violence was monitored through informing and reporting mechanisms, including the National Committee for Family Affairs as well as civil society organizations. Specialised judges in all governates reviewed cases of juveniles. No entity could arrest a juvenile except through a juvenile court. Detention was an exceptional measure. Upon sentencing, Juveniles were often sent to rehabilitation centres. The State was required to provide legal assistance free of charge throughout the entire process.
Concluding Statements
BENYAN DAWIT MEZMUR, Committee Expert and Coordinator of the Country Taskforce for Jordan, thanked the delegation for the constructive dialogue and added that said that the State party’s sixth report indicated a sense of urgency. There were many impressive positives, including legislative developments that were firsts in the region. The Committee welcomed the continued empowering of the National Council for Family Affairs. There was room for improvement in the areas of the fight against discrimination, provision of nationality and upholding the rights of children with disabilities. The challenges observed were within the State party’s capacity to meet. Jordan’s position as hosting the second largest refugee-hosting country in world was itself a challenge, but it was obvious that the Kingdom took the issue seriously. Mr. Mezmur called on the State party to take the concluding observations into account and to remain in contact with the Committee for any follow-up.
WALID OBEIDAT, Permanent Representative of Jordan to the United Nations Office at Geneva and head of the delegation, in closing remarks reaffirmed the importance of the rights of the child and Jordan’s commitment to improving the environment in which they lived. Children were the future. Since the second century, Jordan had provided education and healthcare to all children regardless of nationality. The law on the rights of the child would guarantee further rights and protection for children in the future. Mr. Obeidat thanked the Committee for the dialogue.
ANN MARIE SKELTON, Committee Chair, said that thanked the delegation for the fruitful dialogue and invited them to go home with new energy to advance the rights of children.
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