5. Legal frameworks to empower and protect youth in Jordan

Young people are concerned by government regulations, both in direct and indirect ways. At the macro level, legal frameworks shape youth access to public services and hence opportunities for their personal development in areas such as education and employment, health care and justice. They also have an impact on youth participation in public and social life and their relationship with the state and public institutions. At the micro level, minimum age requirements play a critical role in determining access to public services and the eligibility to vote or run in elections (OECD, 2020[1]). In an effort to strike the balance to protect and empower young people, careful consideration must be given to defining minimum-age thresholds to avoid legal barriers and age-based legal discrimination.

In Jordan, laws are based on the French civil code and Islamic law (Shari’a) and have been influenced by tribal traditions. As a result, the judicial system is divided into civil and religious/Shari’a courts, the latter exercising jurisdiction over personal matters, such as marriage, divorce and inheritance. Laws with a focus on youth are endorsed by the Lower House of Representatives after being reviewed by the Parliamentary Committee for Youth and Sport (UNICEF, 2009[2]).

The definition of age brackets for “youth” varies significantly across countries and is subject to the respective administrative, social and cultural norms. It defines the beneficiaries (and non-beneficiaries) of government programmes, their access (or non-access) to institutionalised forms of participation. It also shapes the understanding of the rights, roles and responsibilities of this age cohort.

In Jordan, “youth” is defined by the National Youth Strategy 2019-25 as the age group between 12-30 years (Ministry of Youth, 2019[3]), covering a period of 19 years. The age span to define “youth“ is 17 years on average across the OECD countries and 13 years on average across most MENA countries1. In most MENA countries2, youth is considered who is 15 years or older, with the exception of Jordan and Mauritania (12 years) and Oman (18 years old). At the upper end, young men and women are considered “youth” until the age of 30 in Jordan, Egypt and Mauritania, whereas it is lower in Algeria, Lebanon, Morocco, Oman and Tunisia (29 years), Syria (25), Qatar, Saudi Arabia and Yemen (24 years) (Youth Policy, 2021[4]).

The Ministry of Youth identifies three sub-groups to provide targeted programmes for different age cohorts: 12-17 years, 19-23 years and 24-30 years. According to the interviews conducted by OECD, 18-year olds are usually not covered specifically as they are usually high-school students in their final year and hence preparing for exams.

A youth law or youth act is the most general legislative framework that identifies the main stakeholders and fields of action. It usually extends to state institutions and non-governmental organisations (NGOs) working with and for young people. A youth law or act provides a definition of ”youth”, a mapping of relevant institutions, the main role of the state vis-à-vis young people, and its relationship with non-governmental (youth) stakeholders (OECD, 2018[5]).

As highlighted by the OECD report ”Governance for Youth, Trust and Intergenerational Justice: Fit For All Generations?”, as of 2020, 14 OECD countries adopted a national youth law (OECD, 2020[1]). In some OECD countries, youth laws also regulate the support provided by government to non-governmental stakeholders. For instance, in Finland, Luxembourg and Slovenia, the national youth laws feature provisions on the status and functions of the national youth council, including membership conditions (OECD, 2020[1]). Box 5.1 presents the examples of national youth laws in Finland and Colombia.

Jordan has not formulated a national youth law. Instead, Regulation No. (78) of 20163 on ”the administrative organisation of the Ministry of Youth” presents the most encompassing regulation on youth affairs. It spells out the organisational structure of the Ministry of Youth, Moreover, law No. (26) of 20184 was set up to amend the Higher Council for Youth Law (Law No. 13 of 2005) 5 (Prime Ministry Website, 2016[6]). Law No (26) primarily amended the terminology and replaced references to the Higher Council for Youth by references to the Ministry of Youth, which was created in 2016.

No substantial changes to the law were made, and no clarifications were introduced to identify relevant youth stakeholders in Jordan, to determine their mandates and to create mechanisms for coordination according to the interviews conducted by OECD. From a legal perspective, the mandate of the Ministry of Youth therefore remains unchanged from the legal conditions that regulated the work of the Higher Council for Youth (Prime Ministry Official Website, 2018[7]).

Amendments to Regulation No. (78) of 2016 or the adoption of a national youth law could help address the inherent challenge of multi-level and multi-stakeholder coordination across ministries, non-governmental stakeholders, and international partners in Jordan (Chapter 2 and 3). The findings from the OECD report ‘’Governance for Youth, Trust and Intergenerational Justice: Fit For All Generations?’’ show that countries with a youth law are less likely to report inter-ministerial co-ordination challenges in the youth field. The need for a more coordinated approach is also recognised by the SWOT analysis conducted for the purpose of the National Youth Strategy 2019-25 (Ministry of Youth, 2019[3]).

Jordan was among the first countries in the MENA region along with Egypt and Lebanon to ratify the Convention on the Rights of the Child (CRC) in 1991 (United Nations, 2021[8]), which stipulates the civil, political, economic, social, health and cultural rights of children. It maintains reservations to articles 14, 20 and 21, which concern the freedom of choice of religion and consequently the question of adoption (UN Committee on the Rights of the Child, 2006[9]).

The ratification of the CRC also sets a minimum age of marriage for both gender of 18 years. Nevertheless, challenges persist. OECD analysis highlights that certain provisions in the Personal Status Law (Law No. 36/2010) promote differential treatment of women, including through undermining women’s agency in matters of marriage (OECD, 2018[10]). Marriages of girls lower than the age of 18 may be authorised by a the judge in particular cases according to instructions issued by the chief of judges and in case of necessity. According to Girls Not Brides, 8% of girls in Jordan are married before the age of 18 (Girls not brides, 2018[11]). Evidence from the National Department of Statistics suggests that 12% of registered marriages in 2018 concern girls aged 15-17 years (Sharia’ courts, 2018[12]). In response to early marriage, the government introduced new regulations regarding exceptional marriages below 18 years in 2017. The regulations determine that the age difference between spouses must not exceed 20 years; otherwise, the consent of the bride is mandatory6. (Girls not brides, 2018[11]). Jordan committed to ”eliminate all harmful practices, such as child, early and forced marriage” by 2030 in line with target 5.3 of the Sustainable Development Goals (UNICEF, 2021[13]). It also co-sponsored the 2014 UN General Assembly resolution and the 2013 Human Rights Council resolution on child, early and forced marriage.

In light of Jordan’s adherence to international agreements and adoption of national laws, further efforts are needed to enforce them. Besides a review of minimum-age requirements, adequate (financial) resources must be allocated to prioritise action in areas, in which young people continue to face challenges in exercising their rights. For instance, in the education sector, the Constitution and the education law guarantee the right to education for all (Ministry of Education, 2018[14]). However, illiteracy rates, school dropout rates and access to higher education continue to disfavour poor households and young people with disabilities. In 2014, it was estimated that almost 4 in 10 youth with disabilities were illiterate, compared to 11% of the total population (Institute of Development Studies, 2018[15]). According to OECD data, economic factors are the central reasons for students to drop out of school7. The Education Strategic Plan (2018–2022) commits to provide children who dropped out of school with access to non-formal education programmes (e.g. home schooling) and dropout programmes. However, studies demonstrate that this objective is not reflected in the Ministry’s budget (UNICEF, 2019[16]).

The health sector has also made significant efforts over the past decades to deliver more youth-responsive services. Health is not a constitutional right, however, the provision of health care to all Jordanians is stipulated by the amended Public Health Law 47/2008 (UNICEF, 2019[16]). Moreover, the Health Act 83 of 2004 and the civic health insurance guide of 2016 give all children with disabilities as well as all children under six free health services, regardless of their parents’ status. Jordan Vision 2025 holds that youth-friendly health care centres should be established to provide targeted mental health services. From the age of six to 18, young people are covered as long as they are enrolled in education and one of their parents is registered with a public insurance. After the age of 18, women are more likely to be insured than men as they are covered automatically by their parents’ insurance until they are married in case they are not working. On the other hand, young male students between 18-25 years are covered as long as they are enrolled in higher education or until they are 25 years (Ministry of Health, 2016[17]).

Although youth are defined as key actors in the development process in the National Strategy for Health Sector in Jordan (2015-2019) and the National Reproductive Health Strategy (2013-2017), there is no recognition of their specific health needs nor precise targets for them as a distinct group (OECD, 2018[18]). Children with disabilities face additional challenges as three in ten were not covered by free insurance services according to estimates in 2017 (Institute of Development Studies, 2018[15]).

Minimum-age requirements are common in diverse fields such as compulsory education, access to employment, marriageable age, criminal responsibility, access to justice or certain health services. They also regulate the voting age and age to run as candidate in national and subnational elections. Minimum-age requirements must strike a balance between the need to protect and the aim to empower young men and women, while avoiding unwanted legal barriers and age-based discrimination.

As in most MENA and OECD countries, the age of majority in Jordan is 18 years as per the Jordanian Civil Code (Article 43 of 1976). Custodianship is given by law to the natural mother while the father remains the legal guardian of the child until age 18. Figure 5.1 presents minimum age requirements in Jordan compared to the average of OECD countries in key areas. It demonstrates that the most significant differences exist in terms of young people’s opportunity to run for elected office and the age of criminal responsibility.

The next sections will discuss existing minimum age criteria in Jordan in greater detail, in core areas such as employment, health, access to justice services and public and political participation.

Jordan has undertaken efforts to protect young people in the employment sector. Jordan was among the first countries to ratify the conventions by the International Labour Organisation (ILO) addressing child labour, including the Minimum Age Convention Number 138 of 1973 (C138) and the Worst Forms of Child Labour Convention number 182 of 1999 (C182). According to Article 73 of the Labour Law, the minimum age for work8 in Jordan is 16 years9 (Ministry of Labour, 2016[23]) (ILO, 2018[24]).

In Jordan, like in most OECD countries, the school leaving age10 of 16 years is identical with the minimum-age required to engage in part-time work, which shall ensure a smooth transition from education to employment11 (Ministry of Education, 2020[25]). The minimum age required to work full-time and in hazardous employment12 is 18 in line with the age required to dispose of own income (ILO, 2020[26]). A person below 18 years requires a guardian to sign an employment contract on his or her behalf (United Nations, 2021[27]).

To protect young workers, Articles 74 and 75 of the Labour Law identify a number of restrictions for working minors (below 18 years). Among others, minors are not allowed to work for more than six hours per day and must be granted at least one-hour breaks after every four consecutive working hours. Their employment is also prohibited between eight o’clock in the evening and six o’clock in the morning and on all public and religious holidays and weekly holidays (ILO, 2020[26]).

A ministerial order, adopted in 2011, shall protect the health and safety of younger employees by determining types of hazardous employment and activities that are prohibited for youth under the age of 18 years (e.g. working in confined places; activities requiring severe physical effort, activities exposed to dust, fiber, fumes, smoke, inflammable materials, extreme temperature, etc.) (ILO, 2011[28]). The Labour Law also stipulates equal access to minimum wages for all workers above 18, which is set at JOD 260 (USD 367) as of 2021 (The Jordan Times, 2021[29]).

Despite these efforts, ILO data from 2016 demonstrates that challenges prevail. For instance, according to the study child labour ‘’remains a matter of grave concern with a significant number of children employed in potentially hazardous jobs’’, which is estimated to concern around 70,000 children (ILO, 2016[30]).

In Jordan, young people’s access to healthcare, medical advice and counselling for reproductive health services is linked to specific age-based requirements. The minimum age of consent to seek independent medical advice is 18 years. For adolescents younger than 18 years, the Personal Status law No. (15) of 2019 requires parents to cover financially the treatment of their children. For medical treatments and surgeries, the minimum age of consent is also 18 years (General Ifta Department, 2019[31]).

The public health system in Jordan grants access to health insurance to any Jordanian above 18 years paying yearly contributions to the system of JOD 50-75 (USD 71-106) (Ministry of Health, 2016[17]). Confidential testing and treatment for sexually transmitted diseases is legally possible from the age of 18 years. In OECD countries, the minimum age to benefit from medical advice and counselling for reproductive health services ranges from age 12 to 18. In terms of access to mental health services and facilities, there is no specific legislation in place. The General Health Act regulates access to mental health services but does not set any age restriction (WHO, 2011[32]).

In 2008, Jordan adopted the Family Protection Law No. 6 of 2008 to protect the victims of domestic violence of all ages. The law sets out the administrative mechanisms and regulatory provisions to provide support to and protection of victims (Ministry of Social Development, 2008[33]). The law was amended in 2017 to facilitate access to medical services and shelter with the consent of the survivor and in coordination with the Ministry of Social Development (UNESCWA, 2019[34]). Institutionally, the Family Protection Department, created in 1998, is in charge of protecting survivors and victims of child abuse, domestic violence and sexual assaults (Journal of Humanity and Social Sciences, 2019[35]).

Jordan revised laws with the aim to strengthen the rights of youth in the justice and criminal system. In accordance with the age of majority, the juvenile law in Jordan applies until the age of 18 years. At the age of 12 years, youth are liable for criminal prosecution, compared to an average of 14.5 years in OECD countries (OECD, 2020[1]). In 2014, the Juvenile law No. 32 was revised. Besides raising the minimum age of criminal responsibility from 7 to 12 years, the law encourages the adoption of a rehabilitation-oriented approach to juvenile justice by prioritising alternatives to detention and diversion from the legal system (Ministry of Social Develoment, 2021[21]) (ILO, 2014[36]). The law also regulates that adolescents between 12 and 18 years who are in conflict with the law shall access to juvenile education institutions and rehabilitation institutions and centres under the responsibility of the Ministry of Social Development (UNICEF, 2018[37]).

In 2016, the Law on the ‘’Election of the House of Representatives’’ (Law 6/2016) was adopted with the objective to make voting easier and more accessible, including for youth, by modifying voter registration from a voluntary system to the automatic registration of all citizens (OECD, 2018[18]). The Interpretation Bureau clarified that citizens who completed 17 years and 90 days before the Election Day were eligible to vote. As result, the number of eligible voters in the 2016 general elections almost doubled, from 2.2 million in 2013 to 4.1 million, increasing first-time young voters by approximately 200,000 (IFES, 2016[20]). Moreover, at the age of 18 years, young people are eligible for joining and forming political parties (Law 39/2015), and creating and joining associations13 (Law 51/2008 and its amendments in Law 22 of 2009) (Ministry of Social Development, 2021[38]) (AlRai Centre for Studies, 2011[19]) (Ministry of Social Development, 2009[39]).

Table 5.1 provides an overview of the most relevant laws that regulate the participation of citizens in Jordan, including youth, in public and political life.

The legal voting age for national elections in Jordan is aligned with the minimum age required in most MENA and OECD economies with the exception of Austria (16), Greece (17) and the Palestinian Authority (17). In contrast, the age required to run for elected office in Jordan is considerably higher, even in regional comparison. To run as candidate for national parliament, citizens must be 30 years or older, exceeding the OECD average of 19.8 years (OECD, 2018[42]). Across the MENA region, the minimum age required to present oneself as candidate in national elections is lower in most economies, including in the Palestinian Authority (28 years), Lebanon and Mauritania (25 years), and Tunisia (24 years) (Figure 5.2).

Similarly, at the subnational level, candidates must be 25 years or older to be eligible to run for local councils (Municipalities Law 41/2015, article 40/A), exceeding the required minimum age in all OECD and most MENA economies. Only in Lebanon and Mauritania, the minimum age also stands at 25 years to run in local elections.

In 2011, the Royal Constitutional Review Committee issued a recommendation to reduce the age required to run in parliamentary elections to 25 years in order to “reinforce the role of youth in public and parliamentary life”. However, this call has not resulted in a reform of the legal frameworks (OECD, 2018[18]). This criteria risks excluding a large share of the population, as youth aged between 25-30 years represent approximately 10% of the population in Jordan14 (UNICEF, 2020[43]).

To encourage young people’s participation in political life, lowering the minimum age alone is unlikely to immediately result in a higher number of young people in political positions (Chapter 4). Such measures must be accompanied by addressing other structural barriers, for instance the financial burden of running a campaign. In Jordan, candidates are required to pay a JOD 500 (USD 705) registration fee and each list must pay a refundable collateral of JOD 2000 (USD 2821), which is unaffordable for most youth. A holistic approach to must also take into account the social norms and perceptions that may favour older over younger contestants in elections due to the presumed lack experience and networks. According to the interviews conducted by OECD with representatives from youth-led organisations, the presumed lack of social capital among young people and the dominance of personal connections (“wasta”) are considered key barriers to youth participation in politics.

Reforms undertaken by the Government of Jordan to enhance the participation of women in political life provide important insights to ensure a more inclusive access for all groups in society, including the youth cohort. A quota of 20% for women was introduced for municipal council seats in 2007, which was raised to 25% in 2011. In 2015, the Municipalities Law (Law number 41 of 2015) established a new structure for municipal governance, by stipulating the creation of directly elected local and governorate councils, as well as municipal councils. The law features a 25% quota for women in both local and municipal councils and introduced a 10% quota for women in governorate councils (OECD, 2018[10]).

Young women are often affected disproportionally by legal barriers enshrined in laws, preventing them from passing on their nationality to their children and spouses, or affecting a (young) woman’s right to marry, divorce, and to inherit. Jordan ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1992. However, it maintains reservation to article 9 (relative to the nationality of children) (United Nations Treaty Collection, 2021[44]) and article 16 (relative to the rights and responsibilities during marriage, as parents, regarding professions and occupation) (UNICEF, 2009[2]).

For instance, according to the Jordanian Nationality Law of 1954, Jordanian women married to non-Jordanian men do not have the right to pass their nationality to their spouses nor to their children, unlike men. According to the Personal Status Law number 36 of 2010, women who get married for the first time are required to obtain consent from their male guardians to get married, otherwise, the marriage is prohibited (Article 14 of the Personal Status Law of 2010). Women like men can include in their marriage contracts specific conditions including the right to work, travel a nd apply for unilateral divorce (Article 37 of the Personal Status Law of 2010) (Jordan, n.d.[45]).

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Notes

← 1. MENA countries covered include Algeria, Egypt, Jordan, Lebanon, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia and Yemen.

← 2. Youth is considered who is 15 years or older in Algeria, Egypt, Lebanon, Morocco, Qatar, Saudi Arabia, Syria, Tunisia and Yemen, while in Jordan and Mauritania it is 12 years and in Oman it is 18 years.

← 3. Regulation No. (78) of 2016 on ‘’the administrative organisation of the Ministry of Youth’’ spells out its organisational structure and stipulates the creation of the Committee for Planning, Coordination and Follow-up, which assists and advises the Minister in his functions. It is presidated by the Minister and gathers the Secretary-General and the Directors of the National Youth and Sports Fund, Hussein Youth City, the Youth Leadership Centre and up to two directors of the directorates. This regulation replaces the law on ‘’the administrative organisation of the Higher Council for Youth Law No.(30) of 2002 (Prime Ministry Website, 2016[6]).

← 4. Law No. (26) of 2018 amends the Higher Council for Youth Law (Law No. 13 of 2005) (Prime Ministry Official Website, 2018[7]). It was published in 2018 on the official portal of the Prime Ministry Office.

← 5. The Higher Council for Youth Law No. (13) of 2005 stipulates the mandate, mission, vision and structure of the Higher Council for Youth which was established in 2001 to replace the Ministry of Youth. In 2016, the Higher Council for Youth was replaced by the Ministry of Youth under Regulation No. 78 of 2016 on the administrative organisation of the Ministry, followed by Law No. (26) of 2018 (Prime Ministry Website, 2021[50])

← 6. The prospective bride and groom or their respective guardians must both consent to the marriage. (Personal Status Law No. 36 of 2010, arts. 6 and 7, https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/JOR/INT_CEDAW_NGO_JOR_26632_E.pdf

← 7. OECD database, key issues affecting youth in Jordan (OECD, 2019[48])

← 8. A list of 29 hazardous occupations in which children under-18 cannot work was adopted in 1997, which was revised in April 2011 (ILO, 2018[24]). https://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/genericdocument/wcms_210566.pdfThe list includes the work that is considered to be harmful to a child’s physical, social or psychological development (ILO, 2020[26])

← 9. When employing a worker between 16 and 18 years of age, the following documents are required: i) a certified copy of the minor’s birth certificate; ii) a certificate of health fitness to perform the required work, issued by a competent; iii) physician and certified by the Ministry of Health, and iv) written consent of the minor’s guardian, (ILO, 2013[49])

← 10. The school leaving age is the minimum age at which a person is legally allowed to leave compulsory education, while the employment age is the minimum age at which a person is allowed to take up legal employment either full-time or part-time.

← 11. OECD Family database, Social Policy Division, Directorate of Employment, Labour and Social Affairs, https://www.oecd.org/els/family/PF_1_8_Age_threshold_Childhood_to_Adulthood.pdf

← 12. Hazardous employment is the work that involves using dangerous machinery and equipment according to the Ministry of Labor (Article 74 of Labour Law No. 8 of 1996) (i.e. explosives; fire, gas; chemicals; underwater work; work in mines; at construction sites etc); (UNESCO, 2018[47])

← 13. According to the Associations Law and its amendments No. 51 of 2008 the term “association” refers to any legal entity composed of a group of at least seven persons and is registered in accordance with the provisions of the Associations, aiming to provide services and to carry out activities on a voluntary basis, without targeting to earn profits ot to achieve any benefit for any of its members or for any specific person. The association must not achieve any political goals that fall within the framework or activities of political parties. In terms of eligibility, the members of the association (including the founder) must be Jordanian, at least 18 years old, with a clean criminal record and full legal capacity. Any fundings or donations from outside Jordan must be submitted to the Prime Ministry for approval. The membership of “Private associations” is restricted to a group of three to twenty people. A ‘’closed association” refers to an association whose membership is restricted to one or more persons, and whose financial resources are limited to its founding members, (Ministry of Social Development, 2008[33])

The term “private association” means an association whose membership is restricted to a group of persons whose number is not less than three and not more than twenty. The term “closed association” means an association whose membership is restricted to one or more persons, and whose financial resources are limited to what any founding member provides for the purposes of enabling it to achieve its goals.

← 14. Based on population data retrieved from reports by UNICEF and evidence from Index Mundi, youth aged between 25-30 years represent approximately 10.2% of the population in Jordan (i.e. youth under 30 represent 63% of the population and 52.8% are below 25 years) (UNICEF, 2020[43]) (Index Mundi, 2020[46]).

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