Lebanon – 2014 results

Lebanon’s Parliament passed the Law on Protection of Women and Family Members from Domestic Violence on April 1, 2014, which defines sexual harassment as ‘an act, act of omission, or threat of an act committed by any family member against one or more family members (…) related to one of the crimes stipulated in this law, and that results in killing, harming, or physical, psychological, sexual, or economic harm’.^[35] Before that, there was no legislation in place protecting women from domestic violence. In July 2013, shortly after a highly publicised incident in which a 33-year old woman was beaten to death by her husband, a Lebanese parliamentary panel approved a first draft law protecting women from domestic violence.^[36] The law criminalises domestic abuse and calls for the establishment of a special police force tasked with responding to family violence. Most controversially, the law recognises marital rape, although it does not classify the latter as a crime, but as an offence.^[37] As of this writing the law has yet to be adopted. While awareness of violence against women, including domestic violence, has increased in recent years, thanks largely to efforts by local and regional NGOs, data on prevalence is not available. Under reporting remains high, as many women are afraid to speak out about violence they experience at home, for fear of being blamed for the abuse, or of bringing shame on the family.^[38] In addition, social and family pressure, as well as lack of financial independence, compels many women to remain in abusive relationships, and they are sometimes instructed to return to abusive husbands by religious courts.^[39] Police are also reluctant to intervene in what is considered a taboo issue, unless a woman has formally pressed charges.^[40] Some limited support is however provided by NGOs, including hotlines and refuges, working in cooperation with the Ministry of Justice.^[41]. In 2009, survey data showed that 10% of women aged 15–49 believed that a husband/partner is justified in hitting or beating his wife/partner for at least one of the following reasons: if she burns the food, argues with him, goes out without telling him, neglects the children or refuses sexual relations. ^[42] A further 93% of women felt that domestic violence is completely rejected in their communities.^[43]

Rape is a criminal offence in Lebanon, with a minimum sentence of five years, but a rapist can be released from prison and his conviction nullified if the perpetrator marries his victim (Art. 522, Penal Code).^[44] It is not clear whether the victim’s consent is necessary in such circumstances. The current law does not recognise spousal rape.^[45]Data on conviction rates and prevalence are not available.

There is no law dealing specifically with sexual harassment, nor is sexual harassment addressed in other legislation.^[46] According to the UN Population Fund, while the labour law does not specifically prohibit sexual harassment in the workplace, male and female employees do have the right to resign without prior notice in the event that an indecent offense is committed toward the former or a family member by the employer or his/her representative.^[47]Although sexual harassment is reportedly widespread, data on prevalence is not available. However, a recent collaborative project on the Status of Women in the Middle East and North Africa (SWMENA) indicates that 35% of women report men making unwanted or harassing noises or gestures towards them most or every time they venture into public spaces^[48] and 22% of women have been touched or pinched against their will in public spaces.^[49]

Female genital mutilation (FGM) is not commonly practised in Lebanon.^[50]

Women are free to make independent decisions about their reproductive health, and to access contraception without consulting their husbands, although lack of access to affordable health insurance compromises the capacity of some women to access all forms of healthcare.^[51] Reproductive healthcare services are provided through primary healthcare clinics.^[52] According to UNFPA, 34% of sexually active women age 15-49 reported using a modern form of contraception while 12% of married women age 15-49 have an unmet need for family planning.^[53] Abortion is only legal in cases where the pregnant woman’s life is in danger.^[54]

So-called “honour crimes” – or acts of violence or homicide against a woman to avenge a family’s honour in the event the woman commits adultery or engages in pre-marital sexual relations – do take place in Lebanon, although they are rarely prosecuted and are often reported as suicides, meaning it is very difficult to ascertain how many women die this way each year.^[55] Previously, under the Penal Code, perpetrators could receive a reduced sentence if they demonstrated that they had committed the crime after having discovered that the victim was engaged in socially unacceptable sexual relations. However, the Lebanese parliament voted in 2011 to strike Article 562 from the Penal Code, which had allowed mitigated punishment for honour crimes.^[56]There are also different provisions for women and men in the penal code relating to adultery (which is a criminal offence): for men, the act is only considered adulterous if it has taken place in the marital home or if the adulterous relationship is made public, while a woman can be convicted of adultery wherever the relationship has taken place.^[57] In addition, minimum sentencing options for women are higher than those for men in cases of adultery.^[58]