domestic abuse law in lebanon

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.Lebanese split over draft law on violence against women
Those backing the law have marched to promote their cause Continue
Lebanon's parliament is considering a bill that would make family violence, including rape within marriage, a criminal offence. But, as Caroline Anning reports from Beirut, it has run into fierce opposition from religious leaders and conservative politicians.

A mother of four with deep set, coffee-coloured eyes, Najwa endured more than a decade of abuse at the hands of her husband.

When he wasn't in prison for stealing cars, he used to beat her and their children using a range of tortures he had devised and named.

There was the "chicken", where he would tie their hands and feet together and beat them on the floor, or "the cross", where he'd tie them up as if on a crucifix and hit them with belts, chains - anything that came to hand.

Other times, he would simply beat her for hours against the tiled bathroom walls, before taking her into the bedroom and raping her.

"I was escaping a bad family life at home by marrying him, but I didn't know that I was going into a worse hell," she said.

When she tried to go to the authorities for help, she ran into a problem that countless other women in her position in Lebanon have experienced.

"I tried to go to the police and the sheikh, but everyone brushed me off," said Najwa, a Muslim who asked for her real name to be disguised because she is trying to build a new life.

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Draft family violence bill
Criminalises family violence, including rape within marriage
Creates family violence units to work with police
Women and children can seek restraining order
"One time he had broken my arm and I had a note from the doctor saying I needed to stay in bed for eight months because my body was so badly injured, but the police just took notes and said they would process it. Three years later they still hadn't done anything," she said.

"Another time I went to the religious authorities and even though I was covered in scars, my husband told the sheikh he was sorry and wanted to change. So they said I should go back with him and try to make it work."

Conservative culture

Although Najwa's case is extreme, her experience with the police and religious leaders in Lebanon is not unusual.

Beneath a veneer of modernity and secularism lies a traditional and conservative country. As in most countries in the region, religious law largely governs marriage, divorce, child custody and inheritance.

"We have a culture here where it's considered embarrassing to take these things to court, especially because the police and the judiciary consider domestic violence a natural thing that happens within families", says Ghada Ibrahim, a lawyer who works on family violence cases.

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Sharia already addresses these issues and ensures women's wellbeing.”
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Sheikh Khaldoun Oraymet

Higher Sharia Council
If they do decide to go to court, the first port of call for domestic violence victims is usually the religious authorities. Each of the country's 18 religious sects has their own court, and things like marriage, divorce and child custody come under their jurisdiction.

"It's clear that they're not doing a good enough job in protecting victims of family violence," said Roula Abimourched, project coordinator at Kafa, an organisation that works to protect women and children.

There are no national statistics on domestic violence in Lebanon, but Ms Abimourched believes it is "widely underreported".

"We see about 400 cases a year just at our office here in Beirut, but there are many more who don't feel they are able to come forward," she said.

To try to encourage more people to seek help and ensure better treatment for victims, a new law has been drafted by a coalition of women's rights activists and lawyers that makes family violence, including rape within marriage, a criminal offence.

It has met stiff opposition from religious figures and conservative politicians.

Earlier this year Dar al-Fatwa, the Sunni Muslim governing body, released a statement describing the law as a "Western idea" that would "undermine the position of the man in his family".

The clerics are also concerned about their own position being undermined. Sheikh Khaldoun Oraymet, secretary general of the Higher Sharia Council in Lebanon, said the council could not countenance anything that "curbs our already extremely limited jurisdiction".

"We reject this law because we feel it's unnecessary and redundant in that Sharia already addresses these issues and ensures women's wellbeing," he said.

Sheikh Oraymet did admit that in terms of taking action, there was only so much the religious courts could do. Essentially, they can intervene to speak to the abuser, grant a divorce with alimony and give custody of the children.

'Terrified'
The new family violence law, by contrast, goes much further.

It would criminalise physical, mental, and sexual abuse and specify punishments for offenders, from fines to prison terms. A public prosecutor would be assigned in each of Lebanon's six provinces to receive complaints and investigate cases of violence.


Religious authorities in Lebanon usually have jurisdiction over domestic matters Family violence units would be established within Lebanon's domestic police to process complaints. Healthcare centres would be required to report cases where they had treated women whom they thought had been abused.

Finally, the bill would allow a woman and her children to seek a restraining order against an alleged abuser.

The bill's detractors argue that all of this is unnecessary - that the religious courts and police are capable of protecting victims of abuse. Nicole, a devout Christian from north Lebanon and one of Mrs Ibrahim's clients, disagreed.

Her ex-husband was mentally ill and used to verbally and physically abuse her and their children, until it reached a point where she said it was impossible to stay with him.

She went to her religious authority, but was repeatedly told try to stay with her husband and make it work.

Eventually she was granted a divorce, but she is still fighting her ex-husband for custody of their youngest son.

"The children are all terrified of him - he knows where we live and he still threatens to kill us. He says he will kill me and then the kids," said Nicole, who also asked for her name to be changed out of fear that speaking to the media would prejudice her case.

"I am a pious woman, and when the religious courts wouldn't help us, when they wouldn't even help us get our things from our house, it was like a stab in my heart… I think the religious authorities are just for men," she said.

'Finding their voice'

The draft law is currently being considered by a parliamentary committee and according to Ghada Ibrahim, "there's a big tug of war going on" between women's rights activists and people opposed to the law, "but there seems to be a trend towards downgrading the law".

"They've removed the provision on marital rape, they want to leave the alimony up to the religious courts and they got rid of the specialised police, so this leaves the law empty," she said.

"All sects in Lebanon have their own courts when it comes to family, so I don't think any of them would wish to see their authority removed from them," Mrs Ibrahim said.

Even if the bill does pass, it will take longer to change society's attitudes to violence in the home.

Sheikh Oraymet blames Lebanon's long history of war and civil strife for domestic violence: "People lost their humanity, so they think it's OK to beat their wife or their child."

But according to Mrs Ibrahim, just opening a debate on the issue has helped. "I would say the number of people taking their case to court has quadrupled," she said. "Now we're seeing more boldness - women are finding their voice."
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hidden problem of abuse

One-Minute World News


News Front Page



Lebanon's hidden problem of domestic abuse


At least three quarters of Lebanese women are thought to experience domestic abuse at some point in their lives.


By Natalia Antelava
BBC News, Beirut


He beat them every day, but some days were worse than others.

On those days he would first attack the children -he would tie up and beat their son and daughter.

If she tried to stop him, he would put a knife to their throats and threaten to kill them.

On other days he would ask her and the children to chose their own instrument of torture - a thick electric cable, a hammer, a hose.


The images fuse confusion, anger and pain
After each beating - and some of them lasted for hours - he would rape her and then force all three of them into a shower to wash off the blood.

"That's the shower," Khadija says calmly, pointing at a blurry photograph of a dilapidated bathroom.

"I hate showers," she adds.

She clicks through the photographs of the house where for years, she says, they lived through hell.

Its been almost 10 years since her husband left them and gained asylum in the United Kingdom, and yet despite the time that has passed, revisiting the house was frightening and painful.

"I shook and cried, and I thought he would jump out of the walls and attack me, but I had to be there to take these pictures," she says.

Torture

The pictures, along with photographs of ten other women, are now part of the show called "Behind the Doors" which be will touring all around Lebanon.

Women here party, many dress as they like, they work. But if you dig deeper and if you look at the issue of marriage, women have no rights

Ghida Anani
campaigner
From semi-surrealist self portraits, to a series called "the instruments of torture", to blurry almost mystical images of rooms that are forever linked with violence - the images fuse confusion, anger and pain.

The pictures are the result of a three-month workshop sponsored by the Italian government.

"We brought together a group of women, gave them very simple digital cameras and my job was to teach them basics of photography," says photographer Dalia Khamissy.

"I never expected that the final product would be so extraordinary," she adds.

"The photos are good because these women have so much to say," Dalia Khamissy says.

Women say taking photos helped them to learn how to live with horrors of what they gone through.

Taboo

Organisers hope that by exhibiting their work they will get the rest of the country to listen to their stories.

Domestic violence is a huge problem all across the Arab world. It's also a huge taboo and accurate statistics are not available.


Victims have taken disorientating photographs of their homes
However campaigners estimate that at least three quarters of Lebanese women experience domestic abuse at some point in their lives.

"On the outside Lebanon seems like a very liberal place. Women here party, many dress as they like, they work. But if you dig deeper and if you look at the issue of marriage, women have no rights," says Ghida Anani, programmes coordinator at KAFA, a non-governmental organisation behind the photography workshop.

The biggest problem according to Ms Anani is that domestic violence is not even part of the Lebanese penal code and marital rape is legalized.

In those rare situations when domestic violence cases make it to court, they are referred to religious or so-called 'family courts', where laws often date back to the Ottoman era and where judges almost always favour men.

"There are thousands of women in this country who have no one to turn to, " says Ghida Anani.

New laws

This may begin to change, if the Lebanese parliament votes in favour of a new legislation drafted by a group of non-governmental organisations.

Campaigners say the biggest hurdle is already behind them - it took months to get all of religious leaders in Lebanon's multi-confessional system to signed off on the draft legislation.

If adopted the law would be the first of the kind in the Middle East.

And not only it would give civil courts the jurisdiction to deal with domestic violence cases, but it would also allow for creation of special law enforcement units that deal with the issue.

"We need it," says Dalal, another photographer from the Behind the Doors show.

Dalal's husband beat and assaulted her every day, until she finally ran away from him. But he tracked her down and kidnapped her three daughters. She has heard that they have been beaten and raped, but she has not seen the girls in years.

For years, she says, police has refused to help her.
 
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