A/HRC/25/58/Add.2
International Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the Convention on the Rights of the Child and two
optional protocols thereto, and the Convention on the Rights of Persons with Disabilities.
6.
On its ratification of the above-mentioned treaties, Jordan added in a number of
cases, declarations or reservations. Reservations concerning the Convention on the
Elimination of All Forms of Discrimination against Women relate to article 9, paragraph 2,
(equality of parents in transmitting their nationality to their children); article 16, paragraph
1(c) (same rights and responsibilities during marriage and at its dissolution); article 16,
paragraph 1(d) (same rights and responsibilities as parents, irrespective of their marital
status, in matters relating to their children); and article 16, paragraph 1(g) (same personal
rights as husband and wife, including the right to choose a family name, a profession and an
occupation). Its reservation on article 15, paragraph 4 (wife’s residence with her husband)
was withdrawn. With regard to the Convention on the Rights of the Child, Jordan entered a
declaration relating to article 14 (freedom of religion or belief).
B.
Constitutional guarantees
7.
According to article 2 of the Constitution ratified in 1952, Islam is the religion of the
State. Article 28(e) specifies, inter alia, that the head of the State must be Muslim.
8.
Chapter Two of the Constitution, entitled “Rights and duties of Jordanians”, lists in
articles 5 to 23 the various human rights and citizen’s rights recognized by the State. Article
6 contains a non-discrimination clause that specifically prohibits discrimination by citizens
on the grounds of race, language or religion.
9.
Another pertinent provision of Chapter two of the Constitution is article 14, which
states that the State is responsible for safeguarding “the free exercise of all forms of
worship and religious rites in accordance with the customs observed in the Kingdom, unless
such is inconsistent with public order or morality.”
10.
According to article 99, the court system comprises three categories: civil courts,
religious courts and special courts. With regard to religious courts, article 104 distinguishes
between sharia courts and the tribunals of other recognized religious communities. While
sharia courts have jurisdiction over matters concerning the personal status of Muslims, as
well as cases concerning blood money and matters pertaining to Islamic religious
foundations (see art. 105), tribunals of other recognized religious communities have
jurisdiction over their own personal status matters and religious foundations (see art. 109).
Moreover, while sharia courts operate on the basis of sharia law, the tribunals of other
religious communities follow the religious laws of their own denominations.
III. General findings
A.
A safe haven and religious moderation in a volatile region
11.
Internationally and regionally, Jordan enjoys the reputation of a country that
practices and promotes peaceful coexistence among followers of different religions, in
particular Muslims and Christians. For instance, in September 2010, the Government of
Jordan tabled a draft resolution on interfaith harmony, which the General Assembly
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