2020-04-01

Gaza

Gaza / position paper

His Excellency the Head of the Shariah High Judicial Council, Dr. Hasan Al-Juju, / Gaza

His Excellency Attorney General, Mr. Diaa Al-Deen Al-Madhoun, / Gaza

Subject: The War against Coronavirus Should Not be Used to Cover Violence against Women and the Denial of Their Legal Rights

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to you, noting that the center received a complaint from a citizen, (we have reservations about mentioning her name), from Gaza, stating that her husband prevents her from seeing her three-year-old child, contrary to their agreement to return him to his complaining mother on the following day. The complainant added that her husband prevents her from communicating with her child, and even prevents her from talking to him by telephone, indicating that he did not respond to the social and family endeavors to convince him to respect her right to custody of her child.

The complainant added that her husband takes advantage of the state of emergency and the stay of legal proceedings that would enable her to resort to the judiciary to demand her rights and the right of her child according to the law.

MUSAWA believes that the contents of the complaint, if true, involve an abuse of the state of emergency, by committing more violations against women’s legitimate rights and continuing the practice of violence against women, in contrast to the stipulations of national laws and international conventions, which may constitute crimes that require criminal, civil, and legal accountability.  

In this context, MUSAWA points to the need for taking all measures to prevent the exploitation of the war against the Coronavirus to commit further violence against women, to deny them their legitimate rights, or to prejudice human rights.

We, therefore, ask you to take the legal requirement and open an investigation into the subject of this memo, to use your powers and authorities to ensure the rights of the complainant and her child, to hold the defendant accountable, and to keep us updated with the action taken by your side duly. 

With All Due Respect,

MUSAWA

Issued on 1/4/2020

Attachments:

-A copy of the complaint