Bill for the Protection of Women Against Family Violence Referred to the Parliament Upon the proposition of the

Minister of Justice and the Minister of Interior and Municipalities, And after the approval of the Council of Ministers, dated April 6, 2010, the following is decreed: Article 1: The annexed bill for the protection of women against family violence is referred to the Parliament. Article 2: The Prime Minister is in charge of the implementation of the provisions of the present decree. Baabda, issued by the President of the Republic Prime Minister Minister of Finance Minister of Public Health Minister of Social Affairs Minister of Justice Minister of Interior and Municipalities Prime Minister

Bill for the Protection of Women Against Family Violence Chapter 1: General Provisions Article 1: In conformity with the rules of jurisdiction of religious courts and with the provisions of Law No 422, dated June 6, 2002 for the protection of juveniles in conflict with the law or at risk, the provisions of the present law are applied to cases of violence against female family members. Article 2: The terms mentioned below, wherever stated in the present law, mean the following: *The family: includes family members, whether residing in the same housing unit or not, related by blood or by affinity up to the fourth degree, or by adoption, care, tutorship or custody. *Family violence: Family violence includes every act of violence based on gender, committed by one of the family members, the consequences of which casue or may cause harem or suffering to the female, whether physical, psychological, sexual and economical. It also encompasses the threat to commit such acts or to deprive her of freedom, and whether this takes place within or outside the family home. Article 3: Is sentenced for committing family violence crime: 1-Any member of the family who is used to incite any female family member to beg, to imprisonment from three to six months and to a fine from five hundred thousand LEBANESE POUNDS to one million LEBANESE POUNDS. 2-Any member of the family who is used to incite any female family member to practice immorality and depravation acts or to facilitate such acts for them, to imprisonment with hard labor for three years at least. 3-Any member of the family relying on the prostitution one female family member to gain his living, whether fully or partially, to imprisonment with hard labor for five years at least. 4-Whoever forces his wife, with violence and threat, into sexual intercourse, to imprisonment from six months to two years. 5-Whoever forces his wife into sexual intercourse, while the wife being unable to resist, because of any physical or psychological handicap, or because of the means of deceit used against her, to imprisonment from one to three years. 6-Every member of the family who has killed, with premeditation, a female family member, to imprisonment with hard labor from twenty to twenty five years. It is noteworthy that he does not benefit from the provisions of Article 562 of the Penal Code.

7-Every member of the family who has killed, with premeditation, a female family member, and has mutilated her body after killing her, or if the victim is below fifteen years, to life imprisonment with hard labor. 8-Every member of the family who has killed, with premeditation, a female family member, or practiced acts of brutality and violence against her before killing her, to death penalty. 9-Every member of the family who has injured, with premeditation, a female family member, to the sanctions provided for in Articles 554 to 559 in the Penal Code, after their aggravation. 10-Every member of the family who practiced moral violence, with the use of any means of threatening against a female family member, with the intention to control her, restrict her freedom or force her into marriage, to imprisonment from six months to one year. 11-Sanctions for crimes stipulated in the Penal Code and not provided for in the present law are increased when such crimes are committed by a member of the family against a female family member. 12-The convict does not benefit from the provisions stipulated in Article 674 of the Penal Code. b-In addition to the aforementioned sanctions, the Court may impose on the sentenced person one of the provisional measures provided for in the Penal Code and compensations to be paid according to the scope of damages incurred by the victim. Chapter 2: Submitting Complaints and Notifications Article 4: In each Mohafazat (Province) an Appellate Attorney General shall be in charge of receiving and following up on complaints pertaining to cases of family violence. Article 5: A special unit in charge of family violence will be created at the Directorate General of the Internal Security Forces (ISF), by virtue of the laws and regulations in force, whose mandate will be to receive and investigate complaints, according to the provisions of the present law. Article 6: The direct complaint or allegation is submitted before the concerned jurisdictions, according to the Penal Procedures Code by whoever has the capacity to ask for compensations. Notifications about cases of family violence are submitted to the concerned Public Prosecutors Office for Appeal by whoever is aware of the occurrence of violence, especially moral entities which provide assistance to victims of family violence. Article 7: The victim has the choice of either submitting a complaint to the Judicial Police or directly to the competent jurisdiction, on condition that the venue jurisdiction shall take into consideration the following elements:

-The permanent or temporary place of residence of the victim, in case she had left the house -The place of residence of the defendant -The place where the act of violence was committed -The place where the defendant was arrested Article 8: The health or social center, whether public or private, where the victim is following a treatment, shall refer the victims complaint immediately to the Judicial Police to which the said center is affiliated. Otherwise, the said center will be subject to legal prosecution. Article 9: Any jurisdiction ought to inform the concerned Public Prosecutors Office of any suspected case of family violence it may become aware of while performing its judicial duties. It also has to submit copies of the available documents showing family violence. Article 10: In case a member of the Judicial Police happens to be at the place and time when the act of violence was committed, he/she has to take the measures stipulated for red handed crimes, without waiting for the submission of a notification or a complaint, provided that the Public Prosecutor is immediately notified by virtue of Article 41 of the Penal Procedures Code. Article 11: In conformity with the provisions of Article 41 of the Penal Procedures Code, the members of the Judicial Police ought to go to the place where the act of family violence was committed, without any delay, after informing the Attorney General in charge of examining cases of family violence, in the following cases: -In case they are notified of a true act of family violence. -In case they are notified of a violation of a protection order in case of family violence. Article 12: Members of the Judicial Police shall not neglect any complaint or notification submitted to them, whoever submits the said complaint or notification. Otherwise, they will be held responsible. Every attempt from the members of the Judicial Police to force a woman or exert pressure over a woman to withdraw her complaint is considered as a serious mistake in service and against order. In such a case, the concerned member will be sent before the Council for Discipline. Article 13: Upon receiving complaints or notifications, the Judicial Police should, and after referring to the appellate general prosecutor in charge of family violence cases, and under his supervision, interrogate the suspects after informing them about all their rights stipulated in Article 47 of the Penal Procedures Code, and listen to all

witnesses of family violence including children, in the presence of the social assistant, in conformity with Article 34 of Law 422, dated June 6, 2002, pertaining to the Protection of Juveniles in Conflict with the Law or At Risk. The Judicial Police also takes the necessary measures to protect the witnesses and the victim, including the detention of the defendant, upon the decision reference of the Attorney General if any danger on the life of the victim, the children, the witnesses or the person reporting is observed. Article 14: The Judicial police shall inform the victim of her right to obtain a protection order by virtue of the provisions of Article 16 and the provisions stipulated in the present law and to assign an attorney if she wishes to. It shall also inform the victim about all her other rights stipulated in Article 47 of the Penal Procedures Code. Article 15: The Judicial Police shall, after taking the approval of the Attorney General in charge of examining cases of family violence, take all necessary measures to move the victim and her children, if the victim wishes so, to a safe and equivalent place of her choice, or to a shelter or a protection center, if she has no other place to go to. This is a temporarily measure until a temporary or final judicial decision is rendered by the concerned jurisdictions, especially with regards to guardianship and custody, or keeping the defendant away from the house, to make sure that the defendant does not attack the victim and her children. When needed, the Judicial Police should also take the victim to the closest hospital for treatment, at the expense and at the responsibility of the defendant. In case the defendant fails to pay, the procedures followed for the implementation of alimony provisions are applied to the defendant. Chapter 3: Protection Order Article 16: Protection orders issued according to the provisions of the present law aim at protecting the victim, her children and whoever is under her custody or her tutorship, the social assistant, the witness or anyone providing assistance to the victim, in order to prevent the continuation of violence or the threat to use violence. Article 17: The request for protection may be submitted to the Attorney General in charge of examining the cases of family violence in every Mohafazat (Province) or to the concerned jurisdiction in case of a claim is directly filed before it. In both cases, such a request should be settled within 48 hours from the date of submission. As for the urgent and exceptional cases, the protection order is issued within 24 hours from the date of submission. Article 18: The protection order includes the following measures:

-Compelling the defendant not to attack the victim, otherwise he will be arrested, and providing a shelter for the victim and her children, if applicable, in a safe and equivalent place at his own expense and responsibility. -Compelling the defendant to settle all the expenses of the medical treatment and hospitalization of the victim, resulting from practiced violence. -Compelling the defendant not to incur damage to any of the properties of the victim or their common properties or to make use of such properties, the defendant committing himself to deliver the personal affairs of the victim upon her request. -Compelling the defendant to cover the expenses for the care of his children, in addition to expenses for education and medical care, till a temporary or final decision regarding alimony is issued by the concerned jurisdiction. -Compelling the defendant to undergo rehabilitation sessions against violence in specialized centers. Article 19: Submitting a protection request does not prevent the victim from submitting or continuing a penal, civil or religious lawsuit. Article 20: The protection order is exempted of all charges. Article 21: A fund to provide care and assistance to the victims of family violence is created by virtue of a special law which also sets the resources of the said fund. The statutes and the rules of operation will be set by virtue of a decree or decrees taken at the Council of Ministers, upon a proposition submitted by the Ministers of Justice and Social Affairs. Article 22: a-The protection order is immediately executable. b-Upon the enforcement of the protection order, the victim and the defendant have the right to ask from the jurisdiction which has given the order or from the tribunal which is examining the legal action, in case the latter is before the court, to amend it or repeal it, in case new circumstances occur. Article 23: In case the defendant premeditatedly violates the protection order or any of its conditions, he will be sentenced to imprisonment for a duration not exceeding three months and/or to a fine not exceeding one million five hundred thousand Lebanese Pounds. If the violation is coupled with the use of violence, the defendant is sentenced to imprisonment for a duration not exceeding one year and/or to a fine not exceeding three million Lebanese Pounds. In case of recidivism, the sentence is increased.

Article 24: The single penal judge or the Criminal Court, everyone according to its jurisdiction, examines the crimes resulting from family violence, provided that the hearings before them remain confidential. Except for the aforementioned, the provisions of the Penal Procedures Code prevail before these two jurisdictions. The judgments rendered by these two jurisdictions may be appealed, by virtue of the provisions stipulated in the Penal Procedures Code. Chapter 4: Closing Provisions Article 25: The details for the implementation of the present law are set up by virtue of a decree or decrees taken at the Council of Ministers. Article 26: All the texts contrary to the provisions of the present law are repealed. In case the provisions of the present law go against those of the Personal Status Code and the rules of jurisdiction of the religious courts, the provisions of the latter shall prevail in every case. Article 27: The present law enters into force upon publication in the Official Gazette.

Explanatory Statements In conformity with the Lebanese Constitution which stipulated, in its preamble, that Lebanon is a founding and active member of the United Nations, committed to the United Nations conventions and to the Universal Declaration of Human Rights, the State incarnates these principles in all the rights and fields, with no exception. Article 7 of the Constitution stipulates also that all Lebanese are equal before the law, equally enjoy civil and political rights, and assume public duties and obligations, without any discrimination among them. In line with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Lebanon ratified in 1996 and committed itself, by virtue of Article 2, paragraphs c and f, to: -Decide of the legal protection of womens right on equal footing with men and ensuring efficient protection of women, through concerned national tribunals and other public institutions against any discriminatory act. -Take all appropriate measures, including legislations, to amend or repeal laws, regulations, customs and practices which are discriminatory against women. Whereas the Commission for the Elimination of All Forms of Discrimination Against Women officially extended, in its 11th session, in 1992, the scope of general prohibition of gender-based discrimination to include gender-based discrimination and what was described in paragraph 6 of recommendation No 19: violence against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Whereas the general recommendation No 19, issued by the Commission, stipulated in paragraph 24/b, the following: States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. The Commission, in paragraph 24/t, calls the State parties to take all necessary measures to prevent gender-based violence. According to the Commission, these measures encompass penal sanctions, as well as preventive and protective measures. They also include support services provided to victims of violence. Whereas it is self evident that the law is supposed to protect human rights. Whereas it is no more possible to ignore the phenomenon of violence against women within the family, which had been deeply analyzed and examined, and where its exposition in the medias, is no longer a taboo.

However, it is high time to take the issue of violence against women within the family from the phase of a phenomenon subject to analysis and examination to the phase of real confrontation, in order to find a serious solution. Whereas the Lebanese legislator dealt with the issue of harm and other forms of violence, he dealt with these issues from the perspective of public law (Penal Code), whose provisions do not take into consideration the intimacy and privacy of familial relationships. In the absence of a special law that protects women from violence within the family, women will remain hesitant to claim for their right to a decent and respectable life, without any grace or pity from anyone, since there are no legal machineries that ensure the protection of women and their children, and that prevents the exacerbation of violence from just a slap to an act of murder, whether committed on purpose or not. Therefore, It is necessary to pass the bill to protect women from family violence, which has a preventive character and grants women the right to defend themselves, in case they are exposed to violence, through protection orders and through centers for rehabilitation from violence, which constitute alternative solutions to prisons. The present law aims at: -Criminalizing family violence in all its forms. -Creating a special unit for family violence at the Internal Security Forces. -Submitting a complaint for family violence through notification. -Issuing protection orders, exempted from all charges. -Keeping the defendant away from the house, if his presence threatens the life of the victim and her children. -Creating a governmental or joint financial fund to provide assistance to the victims of family violence. For this reason, the government drafted the attached bill and refers it to the Parliament for ratification.