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Syrian Arab Republic
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in the Syrian Arab Republic are found in the Penal Code, which addresses deception of a girl for marriage at article 504, with a potential penalty of imprisonment for up to five years and a fine of up to three hundred pounds or one of the two penalties.
Consent to marriage
There appears to be no legislation in the Syrian Arab Republic that requires consent to marriage.
Servile marriage
There appears to be no legislation in the Syrian Arab Republic that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in the Syrian Arab Republic that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in the Syrian Arab Republic is 17 for females and 18 for males, as set out on Article 16 of the 1975 Personal Status Act. However, marriages below the minimum age are permitted with the authorisation of the judge and the consent of the guardian, if there two spouses ae not of disproportionate age and there is interest in the marriage, as set out on Articles 18 and 19 of the 1975 Personal Status Act. Marriage of females is allowed under exceptions as early as 13. Marriage of males is allowed under exceptions as early as 15.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Bali Process
- Organisation of Islamic Cooperation
- Arab League
Legislative Provisions
CONSTITUTION OF THE SYRIAN ARAB REPUBLIC 2012
Article 16
The law shall determine the maximum level of agricultural ownership and agricultural investment to ensure the protection of the farmer and the agricultural laborer from exploitation and to ensure increased production.
Article 33
- Freedom shall be a sacred right and the state shall guarantee the personal freedom of citizens and preserve their dignity and security;
Article 40
- Work shall be a right and a duty for every citizen, and the state shallendeavorto provide for all citizens, and the law shall organize work, its conditions and the workers’ rights;
- Each worker shall have a fair wage according to the quality and output of the work; this wage shall be no less than the minimum wage that ensures the requirements of living and changes in living conditions;
- The state shall guarantee social and health security of workers.
Article 46
- Compulsory military service shall be a sacred duty and is regulated by a law;
- Defending the territorial integrity of the homeland and maintaining the secrets of state shall be a duty of every citizen.
LEGISLATIVE DECREE 148/1949 CRIMINAL CODE
Note: Article 511 punishes anyone who keeps a person by force in a place of debauchery or who coerces such person to engage in prostitution.
LAW NO 17/2010 LABOUR LAW
Article 82
Workers may not be forced to purchase food or commodities from specific shops or from the goods and services produced by the employer.
Article 83
Employers may not deduct more than 20% from workers’ wages for the repayment of any loans granted during employment, nor charge any interest on such loans.
Article 93
Obligations of employers:
a- Secure working circumstances, conditions, safeguards and environment as prescribed under the present Law, the executive regulations thereof and the applicable collective labour agreements.
Article 95
a- Rights of workers:
1- Right to periodic wage increment, once every other year, at the rate prescribed under the internal regulations or the employment contract.
2- Right to equal opportunity, equal treatment and non-discrimination.
3- Right to human dignity.
4- Right to safe and secure working conditions.
5- Right to join trade unions and handicrafts associations.
Article 113
a- It shall be unlawful to employ male and female juveniles before they complete elementary schooling or before they reach the age of fifteen, whichever is older.
b- The Minister shall issue regulations, terms, conditions and circumstances of juvenile employment, and prohibited activities, occupations and trades at different ages.
Article 261
a- Every employer who violates articles 76, 78, 81, 82, 91, 101, 108, 109, 155, 156, 173, 174, and 175 shall be liable to a fine ranging from 5,000 to 10,000 SYP. In addition to the fine, the court shall compel the employer who violates articles 155, 156, 173, 174 and 175 to give the worker his accrued leave.
Article 263
b- Every employer who violates articles 94 and 95/(a) shall be liable to a fine ranging from 25,000 to 50,000 SYP. The court shall order the employer to honour the obligations set forth under those articles.
Article 264
Every employer who violates articles 113, 114, 115, 116 and 117 shall be liable to a fine ranging from 25,000 to 50,000 SYP.
LEGISLATIVE DECREE NO 3 2010 ON TRAFFICKING CRIMES
LAW NO 11/2013 CHILDREN COMBAT LAW
Note: Amends the Criminal Code contained in Legislative Decree 148/1949 by inserting two new provisions.
Punishes any individual who recruits a child less than 18 years of age for the purposes of involving them in combat or other related activities.
LEGISLATIVE DECREE NO 3 2011
Note: provides a legal foundation for prosecuting trafficking offenses and protecting victims, but it does not include a clear definition of human trafficking. This decree prescribes a minimum punishment of seven years’ imprisonment, a penalty that is sufficiently stringent, though not commensurate with those prescribed for other serious crimes, such as rape.
SUPPRESSION OF PROSTITUTION ACT NO. 10 OF 1961
Article 1
Anyone who incites, employs, entices or lures a male or female person with intent to commit debauchery or prostitution shall be punished with imprisonment for a period of not less than one year and not more than three years and a fine of 1,000 to 3,000 Syrian pounds. If the victim of the offence is under 21 years of age, the punishment is increased toimprisonment for a period of not less than one year and not more than five years and a fine of not less than 1,000 and not more than 5,000 Syrian pounds.
Article 2
Any person who uses deception, threat or force in order to entice persons with intent to commit prostitution is also punished.
COMPULSORY EDUCATION ACT NO. 35 OF 1981
Article 6
Note: anyone who employs a child of compulsory education age shall be punished with imprisonment and a fine. Furthermore, it provides that the penalty shall be increased if the offence is repeated and that premises in which children of either sex are employed shall be closed down.
Article 6 Note: anyone who employs a child of compulsory education age shall be punished with imprisonment and a fine. Furthermore, it provides that the penalty shall be increased if the offence is repeated and that premises in which children of either sex are employed shall be closed down.
Article 5
Marriage is contracted by way of an offer made by one of the two contracting parties and the acceptance of the other party. Marriage is therefore a contract between a man and a woman that gives rise to rights and obligations on the part of each towards the other. It may be entered into only with the acceptance of both parties and before a competent officer who has the right to conduct the marriage. It is recorded in an official marriage register and a copy of the marriage contract is subsequently transmitted to the Department of Civil Status for registration.
PENAL CODE
Article 469
If a clergyman marries a minor who has not completed eighteen years of age, without writing down the consent of the one who has jurisdiction over the minor, or replaces him with the permission of the judge, he will be punished with a fine of one hundred to two hundred and fifty pounds
Article 504
1- Whoever seduces a girl with the promise of marriage and breaks her virginity shall be punished, if the act does not require a more severe punishment, by imprisonment for up to five years and a fine of up to three hundred pounds or one of the two penalties.
2 – With the exception of the affidavit, only the evidence that arose from the letters and other documents that he wrote is accepted as evidence for the offender.
Article 508
1 – If a valid marriage was concluded between the perpetrator of the crimes mentioned in this chapter and the offender, the prosecution shall be discontinued, and if a judgment was issued in the case, the execution of the punishment imposed on him is suspended.
2- He is returned to the prosecution or to the execution of the punishment before the lapse of three years after the misdemeanor and the lapse of five years after the felony, if the marriage ends, either by divorcing the woman without a legitimate reason or by the sentenced divorce in the interest of the aggressor.
PENAL CODE AMENDMENT
Article 9
Article (508) shall be canceled and replaced with the following text:
1- If a valid marriage is concluded between the perpetrator of one of the felonies mentioned in this chapter and the offender, the perpetrator benefits from a mitigating excuse in accordance with the provisions of Article / 241 / provided that the penalty is not less than two years imprisonment .
The perpetrator is re-prosecuted if the marriage ends, either by divorcing the woman without a legitimate reason or by a sentenced divorce in the interest of the aggressor before the expiration of five years after the marriage, and the period he executed shall be counted from the punishment.
2: If a valid marriage was contracted between the perpetrator of one of the misdemeanors mentioned in this chapter and the offender, the prosecution shall be stopped, and if the case is ruled, the execution of the punishment is suspended.
And it shall be returned to the prosecution or execution of the punishment if the marriage ends, either by divorcing the woman without a legitimate reason or by divorce decreed in the interest of the aggressor before the lapse of three years after the marriage. The period of execution shall be counted from the penalty.
THE SYRIAN PERSONAL STATUS ACT 1953 (REV. 1975)
Article 1
Marriage is a contract between a man and a woman legally permissible for him, aiming at establishing a bond for common life and offspring
Article 5
Marriage takes place with the offer of one of the two parties and the acceptance of the other
Article 11
1. The offer and acceptance are required to be agreed in every aspect and in one council, and that each of the contracting parties should hear the words of the other and understand that what is meant by marriage is, and that there is no one of the two parties before acceptance that nullifies the offer
2. An offer shall be null and void before acceptance of the demurrage of the obligation of the offeree and with all indications of the objection from one of the parties
Article 15
1. In order to be eligible for marriage, reason and adulthood are required
2. The judge has the right to marry the insane or the lunatic if it is proven by the report of a board of psychiatrists that his marriage is useful in his recovery
Article 16
Eligibility for marriage is completed for a boy by the age of eighteen and for a girl by the age of seventeen
Article 18
1. If a teenager claimed puberty after completing fifteen or adolescence after completing thirteen and they requested marriage, the judge authorizes it if it becomes clear to him the sincerity of their claim and the probability of their bodies
2. If the guardian is the father or the grandfather, his consent is stipulated
Article 19
If the two suitors are of disproportionate age and there is no interest in this marriage, the judge may not authorize it
Article 20
The adult woman who has completed the age of seventeen, if she wants to marry, asks her guardian to state his opinion within a period that he specifies for him. If he does not object or his objection is not worthy of consideration, the judge shall authorize her marriage on condition of competence
Article 26
In the necessity of marriage, the man must be qualified for the woman
Article 27
If the older woman marries herself without the consent of the guardian, and if the husband is competent, the contract is required. Otherwise, the guardian may request the annulment of the marriage
Article 30
The right of annulment falls for inefficiency if the mirror carries
Article 72
1. Alimony for the wife is obligatory for the husband, even with the difference in religion from the time of the right contract, even if she resides in the house of her family, unless the husband demands her transfer and abstains unjustly
2. Her abstinence is a right as long as the husband did not pay the dowry accelerator or did not prepare the legal residence
Article 74
If the mirror shoots up, she does not have the expense of the period of disobedience.