without discrimination among them on grounds of sex, origin, language,
religion or creed.”
In practice, none of these articles are being followed in domestic law, but
rather the contrary; they deepen the gap between men and women, especially regarding the issues of filiation and nationality. However, and according to the provisions of the constitution, the Syrian regime is still bound to
amend the previously mentioned laws that constitute discrimination against
women. Article 15475 instructs amending the laws in accordance with the
provisions of the constitution within a period of no longer than three years.
This means, “any legal regulation contrary to article 33 of the constitution,
discriminating against women, to be amended within the aforementioned
Period,” as assured in the Syrian government’s report to the Committee on
Elimination of all Forms of Discrimination Against Women76.
In addition, Syria is also bound by the international obligations which take
precedence in application when they conflict with the domestic law in
force. According to article 25 of the Syrian Civil Code, in the event of conflict between a domestic law and an international treaty to which Syria is a
Party, the international treaty takes precedence77.
HUMANS WITHOUT RIGHTS
75
Decree 94 / 2012- article 154
76
Consideration of reports submitted by States Parties under article 18 of the Convention on
the Elimination of All Forms of Discrimination against Women- Second and third periodic reports of
States Parties- Article 45
77
The Syria’s Civil Law promulgated by Legislative Decree No. 84 of 1949- article 25
81
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