Issue 39

Chief-in-Editor  Prof. Badria A. Al-Awadi

In an official collective Arab human rights initiative, the League of Arab States endorsed a new declaration to protect women and girls from all forms of violence. This declaration is important because it coincides with the increase in the frequency of crimes of violence against women in a number of Arab countries, and the rise of human rights and social voices calling for the adoption of practical and effective measures to address these crimes which have turned into a phenomenon covered with false justifications that cannot be accepted.
This declaration came during the meetings of the 49th session of the Permanent Arab Committee for Human Rights held at the headquarters of the Arab League in Cairo, on February 22, 2022. The declaration included a preface and eleven articles, in which its authors affirmed – in its preface – the recognition of “the central position of women in society, and their being on the same level with men in honoring, in light of the fairness approved by Islamic law and other divine laws, and the legislation and covenants in force in favor of women. He also stressed that “all persons are equal before the law, and that every person has the right to live a dignified and safe life free of violence.”
The declaration recorded the seriousness of the phenomenon of violence against women and girls, and the resulting health, psychological, social and security damages, including violence under occupation, armed conflicts, organized and transnational crime networks, and terrorism. Then, it concluded that there is an urgent need to adopt procedures and mechanisms capable of eliminating violence against women and girls, preventing it, and addressing it, with political and societal will, and an explicit legal commitment.
In Article (1), the declaration defines violence against women and girls as: “All acts of violence at the family and community levels that may cause material or moral harm to women and girls alike, including physical, sexual and psychological violence, or threats to do so.” With such acts, coercion, or arbitrary deprivation of rights and freedoms. This violence includes – but is not limited to – family, domestic, community and digital violence. What is noted is that this definition is broad, comprehensive, takes into account recent developments, and includes a great deal of accuracy, which helps in the legal and administrative response to these acts by adopting proactive, immediate and proactive actions.
Article (2) states that this declaration “is a commitment by Arab countries to protect women and girls from all forms of violence, and to strengthen efforts to eliminate all forms of discrimination against them.” Article (3) called on member states to “work to bolster legislative measures and legal procedures to protect women and girls, ensure their access to justice in the event of any violence, and ensure that perpetrators of violent crimes against them do not go unpunished.” This is an explicit call to strengthen the legal and legislative basis for enacting deterrent laws and measures.
Article (4) of the Declaration affirmed the need for Member States “to commit themselves to adopting and strengthening policies of equality between women and men, and to develop effective and comprehensive national programmes and plans of action to empower and protect women, especially during emergencies and armed conflicts and their consequences, whilst working to include measures to combat violence against women and girls in national development policies.”
In terms of practical and remedial measures, Article (7) of the declaration stipulates “the importance of providing health, psychological and social support and legal assistance to women and girls who are victims of violence, and establishing and supporting shelters, care and rehabilitation centers specialized in this field for victims and helping them to be integrated into society.” This matter covers the stage which follows exposure to any assault or violence, and it is a matter that responds to the international standards stipulated in this field.
On the preventive side, the authors of the declaration stressed in Article (8) the importance of raising awareness, through educational programmes and curricula at all levels of education, of the rights of women and girls and their place in society in accordance with human rights principles, in a way that establishes the values ​​and culture of tolerance and mutual respect. There is no doubt that these measures are important, and they must be transformed into continuous programmes to ensure their positive impact on women’s safety and security, their access to all their rights, and their pioneering social and developmental roles.
Many argue – rightly – that human rights declarations lack the legal value, which is necessary for states and bodies, but they are – without a doubt – an international and regional framework, and a call for practical and tangible measures, under the penalty of sanctions and reprimands in regional and international organizations.
Honoring women is part of honoring human beings demanded by God Almighty in his noble book by saying: “Indeed, We have dignified the children of Adam, carried them on land and sea, granted them good and lawful provisions, and privileged them far above many of Our creatures.” Moreover, our Holy Prophet recommended it in many hadiths, including: “Treat women kindly…”. Therefore, Arab and Islamic societies are invited – more than others – to respect women and empower them with all their rights, and to strengthen their role; because this finds its basis in their religion and law, and in their constitutions and laws, as well as in the agreements and laws of the world in which they live, and with whom women live, along with the values ​​and principles of justice, equality, solidarity, and interdependence. These communities are also called upon by constitutional authorities and governing administrative and executive bodies and institutions, to enact all necessary laws and take all firm measures and necessary steps to prevent all types of violence against women, within the framework of social unity and solidarity among the various groups of society.