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Abstract

This article analyses the degree to which Jordanian penal legislation conforms to international human rights standards regarding the protection of women from violence, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Bangkok Rules. Jordan has implemented legislative reforms targeting gender-based violence; however, these reforms are incomplete, disjointed, and frequently misaligned with international standards. This study employs a doctrinal methodology to analyse Articles 292–311 of the Jordanian Penal Code and associated procedural rules, assessing their substantive and procedural provisions in relation to international legal obligations. This analysis includes rulings from the Jordanian Court of Cassation from 2008 to 2024, alongside comparative references to legal practices in the United Kingdom, France, and Australia. The findings indicate significant shortcomings, including the lack of criminalisation for marital rape, unclear definitions of sexual acts involving minors, inconsistencies in the treatment of deceptive sexual conduct, and inadequate aggravating provisions for cases of familial abuse or human trafficking. Although there have been positive measures such as gender-specific search protocols and confidential settlement alternatives in domestic violence situations, the study identifies procedural deficiencies in the search, trial, and incarceration processes that negatively affect women. The article suggests specific legislative amendments to align Jordanian law with international obligations. These include redefining sexual offences within a gender-neutral and consent-based framework, expanding aggravating factors to protect more women, and reforming procedural guarantees to avoid discriminatory or patriarchal interpretations. The study concludes that Jordan has made measurable progress in implementing gender-sensitive reforms, but the existing legal framework does not fully achieve the principles of equality, dignity, and protection outlined in CEDAW and related international instruments. To attain substantive compliance, it is essential that Jordan should implement comprehensive statutory reform, provide institutional training, and adopt a human rights-centered approach to criminal justice.

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