A decision by the United Arab Emirates Federal Supreme Court upholding a husband's right to "chastise" his wife and children with physical abuse violates the right of the country's women and children to liberty, security, and equality in the family - and potentially their right to life, Human Rights Watch said today. The ruling, citing the UAE penal code, sanctions beating and other forms of punishment or coercion providing the violence leaves no physical marks.The court ruling said that abuse that results in visible injuries that require treatment is illegal, but anything less than that is (by implication) OK.
Human Rights Watch called on the government urgently to repeal all discriminatory laws, including any that sanction domestic violence.
"This ruling by the UAE's highest court is evidence that the authorities consider violence against women and children to be completely acceptable," said Nadya Khalife, Middle East women's rights researcher at Human Rights Watch. "Domestic violence should never be tolerated under any circumstances. These provisions are blatantly demeaning to women and pose serious risks to their well-being."
The October 5, 2010 court ruling, a copy of which Human Rights Watch obtained, states that, "Although the husband has the right to discipline his wife in accordance with article 53 of the penal code, he must abide by conditions setting limits to this right, and if the husband abuses this right to discipline, he shall not be exempt from punishment."
Article 53 of the UAE's penal code acknowledges the right of a "chastisement by a husband to his wife and the chastisement of minor children" so long as the assault does not exceed the limits prescribed by Shari'a. Similarly, article 56 of the UAE's personal status code obligates women to "obey" their husbands.
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