Citizens, residents, visitors and refugees are equal before the law

Make fundamental rights and freedoms the heart of the Lebanese democracy

1.Equality before the law is the principle that each independent being must be treated equally by the law (principle of isonomy) and that all are subject to the same laws of justice (due process)

2."All are equal before the law and are entitled without any discrimination to equal protection of the law.” (Universal Declaration of Human Rights - UDHR)

1.Number of Civilians tried before the military courts

2.Number of court judgements implemented

3.Law enforcement

4.World Justice Project (WJP) Rule of Law Index (#4)

1.Lebanon does not have a civil code regulating personal status matters. As a result, different laws apply to different citizens depending on their sect and most of these codes discriminate against women

2.Religious minorities and followers of unrecognized confessions (Bahá’i, Hindus, Buddhists, Jehovah’s Witnesses, members of the Church of Jesus Christ of the Latter-day Saints (locally known as Mormons) and various Protestant evangelical groups) cannot marry, divorce or inherit according to their own rules, and need to register under one of the 18 officially recognized religions to exercise their voting rights

3.The constitution does not explicitly prohibit discrimination on the basis of sex and makes no reference to gender equality

4.“Lebanese military courts are used as a tool for intimidation or retaliation against political speech or activism.” (Human Rights Watch)

5.Access to ‘wasta’ through political connections makes Lebanese citizens de facto unequal under the law

1.Religious authorities promote judicial pluralism as being essential to protecting Lebanon’s religious diversity so they can preserve their vested interests and their stronghold on public life

2.The lack of a civil code, and the multiplicity of religious personal status laws that exist in its absence, means that Lebanese citizens face vastly different legal, social, and economic realities related to life events such as legal marriage ages, divorce, children custody, with insufficient minimum legal standards or guarantees

3.These religiously based personal status laws particularly disadvantage women. Human Rights Watch reviewed all personal status laws in Lebanon and analyzed 447 recent legal judgments issued by the various religious courts adjudicating cases of divorce, custody of children, spousal support, and child support

4.Serious doubts can be raised about the ability of the military prosecutors to act with objectivity and impartiality, as the military prosecution office is subordinate to the Ministry of Defense, and is physically located at military bases

1.Article 7 of The Lebanese Constitution: All Lebanese are equal before the law. They also enjoy civil and political rights and are also subject to public charges and duties, without any distinction.
However, Lebanese citizens are not equal before the law when it comes to their personal rights. Key aspects of their lives vary considerably based on their religion, which dictates to which of 15 separate personal status laws they are subject to

2.Personal Status code

3.Lebanon’s 1925 nationality law allows the foreign spouses of Lebanese men, but not women, to obtain citizenship after one year. The law also grants Lebanese citizenship only to children born to a Lebanese father, but not to Lebanese mothers

4.Provisions 487 and 489 of the Penal Code that criminalize adultery are often discriminatory in practice, with more women being charged under the law than men and the law being used by husbands and other male family members to seek revenge

1.Unify personal status matters under one civil code. Specifically, ensure the equal rights of women in relation to divorce, annulment, guardianship, child custody and inheritance

2.Reform the military court system:

• Amend article 24 of the Code of Military Justice of 1968 to remove civilians and all children from the jurisdiction of the military courts
• Amend article 401 of the Penal Code to criminalize all forms of torture and ill-treatment. Adopt the Convention Against Torture’s definition of torture
• Remove military court judges from the military chain of command in the course of their functions, and ensure that they undergo the same training as their civilian counterparts, in particular with relation to human rights

3.Limit the Military Tribunal jurisdiction to individuals and purposes it was designed for