Progress Amid Resistance

LEBANON 253In 2003, the Directorate General of Public Security attempted to addressthis situation by adopting a measure that grants residency permits free ofcharge and for a period of three years to the children of a Lebanese mother,whatever the nationality of the husband. 6 While this offers some relief tothe children involved, it does not alter the fundamental gender discriminationfound in the existing law.The penal code treats women and men differently in a number of sections,notably in provisions related to honor crimes, adultery, and rape.Article 562 condones violence against women in the name of honor byre ducing the sentence of a man who kills or injures his wife or other femalerelative without premeditation if he can prove that he witnessed the victimengaging in illegal sexual intercourse. At one time the article allowed anacquittal in these circumstances, but it was amended in 1999 to offer onlymitigation of the sentence. 7 Human rights NGOs continue to lobby forthe total repeal of Article 562, and in August 2008 the respected Shiitecleric Sheikh Muhammad Hussein Fadlallah issued a fatwa (religiousedict) against honor killings, describing them as “a repulsive act bannedby Islamic law.” 8The definition of adultery varies depending on whether the perpetratoris male or female. For a man, adultery requires that the act in questionbe committed in the marital home or that the adulterous relationship bemade public. Conversely, a woman may be convicted of adultery if shecommits an adulterous act anywhere and under any circumstances. UnderArticles 487 and 488 of the penal code, sentencing options for men rangefrom one month to one year in prison, while women may receive betweenthree months and two years. 9 Notably, the partner of an adulteress is notsubject to any punishment unless he too is married, whereas the femalepartner of an adulterer is subject to punishment regardless of her maritalstatus. Women also have a greater evidentiary burden in attempting toprove their innocence. A man may be found innocent if there is a lack ofmaterial evidence, such as love letters, while an adulteress can be convictedthrough either factual evidence or witness testimony. Furthermore, chargesare dropped against male adulterers who resume conjugal relations withtheir wives, while no such option exists for women. 10The penal code essentially treats rape as a crime against honor of thevictim rather than a crime of violence, meaning it is not recognized withinmarriage. Under Article 503 of the penal code, the minimum punishmentfor rape is five years in prison with hard labor. If the victim is less than 15