Women in Development and Peace – Alia Mohammed
Laws and legislation governing women’s lives in Yemen are among the most important factors that affect their lives and their status in society. On the other hand, there are a group of laws and provisions that focus on women’s affairs, protect their rights, and enhance their status.
Women’s Protection Provisions in the Law
Violence against women is a social phenomenon suffered by many women in various parts of Yemen, and the phenomenon results from many social and cultural factors that help reinforce its presence. Yemen has ratified several international agreements and treaties aimed at protecting women’s rights and combating violence against them, such as the Convention on the Elimination of All Forms of Discrimination Against Women, and has adopted several legal reforms to improve their situation in Yemeni society and protect them from violence and oppression. These are the main points that have been focused on in Yemeni laws.
Article 40 of the Yemeni Constitution emphasizes the importance of protecting women’s rights and achieving gender equality, while Article 41 affirms that all citizens are equal in rights and public duties. Article 31 states that women are the sisters of men and have rights and duties that are guaranteed and mandated by Sharia law and prescribed by the law.
The Yemeni Constitution affirms that the right to inheritance is guaranteed to all Yemenis, and women are entitled to a known share of the inheritance according to Islamic Sharia law, and cannot be deprived of it under any pretext. In the event of a woman being deprived of inheritance, she has the right to resort to the judiciary based on the principle of the guaranteed right to litigation for every male and female citizen.
There are many laws and regulations that protect women and reduce violence against them, aiming to achieve gender equality and ensure women’s rights to protection and justice. Yemeni law considers violence against women a crime punishable according to local laws and international human rights standards.
The Personal Status Law is one of the main laws that regulate women’s affairs in Yemen, governing individuals’ lives in society, including marriage, divorce, inheritance, and child care. The Yemeni law also includes important provisions related to women’s rights and duties, and provides the necessary protection for them.
Article 33 states that “the dowry belongs to the woman and she may dispose of it as she wishes, and no contrary condition shall be considered.” Article 42 stipulates that “the wife’s marital home should be independent, where the wife secures herself and her property, and the husband is not entitled to live with his wife against her will in the same residence, unless both parties agree to it. The wife has the right to revoke this at any time.” Furthermore, Article 53 of the “Divorce Law” allows a woman to request divorce from her husband if he is married to more than one woman and is unable to provide for them financially or in terms of housing.
The Labor Law includes several articles that protect women’s rights in the workplace. Article 42 of the “Labor Law” emphasizes equal treatment of women and men in all work conditions, rights, and duties without discrimination. Article 43 specifies that a pregnant woman’s daily working hours should be reduced to five hours in her sixth month of pregnancy, or if she is breastfeeding until the end of the sixth month. The working hours for a breastfeeding woman start from the day following the end of her maternity leave until the end of the sixth month. According to Article 67 of the Labor Law, “a working woman is entitled to equal pay as a man for the same work under the same conditions and specifications.”
Article 45 of the Labor Law prohibits employers from employing a working woman during maternity leave and ensures her right to maternity leave with full pay for a period of 60 days. According to Article 46 of the law, it is prohibited to employ women in hazardous, strenuous, and socially or medically harmful industries and occupations.
Regarding the nationality law in Yemen, Article 10 states that “a Yemeni woman married to a foreigner retains Yemeni nationality, unless she wishes to renounce her nationality and proves this desire at the time of marriage or during the marital relationship, provided that her husband’s country’s law allows her to acquire his nationality.”
Legal Challenges and Gaps
Human rights activist Huda Mahmoud emphasizes that women in Yemen face challenges in achieving justice and enforcing laws that guarantee their rights and protect them from violence. Social customs and traditions dominate the implementation of laws protecting women, while a culture of silence hinders reporting incidents of violence and filing complaints.
She pointed out that Yemeni law and its provisions face a number of gaps that hinder their implementation in reality, leaving women facing challenges and restrictions that surround and affect them. For example, in cases of domestic violence, there are no strict legislation and specific laws to punish offenders. While the Penal Code in Yemen criminalizes physical harm, it does not specify the type of harm, whether domestic or otherwise. Due to the prevailing societal culture that allows men to physically harm their wives, daughters, and sisters, there are social constraints that prevent women who are victims of domestic violence from speaking out and filing complaints, considering it a family matter that should not be interfered with.
Huda explained that the legal gaps in Yemeni law affect women’s financial and economic rights, as men are seen as the primary supporters of the family, which impacts women economically. Despite the Yemeni law and constitution guaranteeing the right to education for girls, many women in Yemen face challenges in accessing educational opportunities that would help them participate in public life.
On the other hand, lawyer Youssef Al-Shuaibi believes that Yemeni law and its provisions concerning women reflect the legislator’s interest in protecting their rights and enhancing their status in society. However, the injustices and discrimination women face in laws are due to the judiciary system’s failure to properly enforce the law, attributed to widespread corruption and the imposition of customs and traditions that do not treat men and women equally.
Solutions and Treatments
There are possible solutions and remedies to enhance the implementation of laws protecting women from violence in Yemen, safeguarding their rights, ensuring gender equality, and building a society that grants women the rights and freedoms they deserve. Some solutions include: adopting new legislation and working on activating and effectively implementing it, amending several laws to align with the status of women, protect their rights, enhance their role in society, empower them economically and socially to achieve sustainable development in Yemen, increasing awareness in society about the importance of women’s rights, and changing the prevailing culture that justifies violence against women. Establishing reception and support centers for female victims of violence, providing the necessary psychological, legal, and social support to help them face these challenges.