Syrian Women's Council rejects Ministry of Justice circular excluding mothers from child guardianship

The Syrian Women's Council expressed its rejection of Circular No. (17) issued by the Ministry of Justice of the Syrian Interim Government, which completely excludes mothers from child guardianship and restricts this guardianship to male guardians only.

This came in a statement published by the Council on its official Facebook page, in which it affirmed that this circular violates Syria's obligations under international agreements, particularly the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The Council considered the circular a violation of the Personal Status Law, as it deprives mothers of guardianship even in cases where they are the most capable of caring for the child. It also restricts the authority of the Sharia courts to determine the best interests of the minor, leading to disruption of the child's legal, educational, and health affairs in the absence of the father or his inability to fulfill his responsibilities.

The Syrian Women's Council demanded the cancellation of Circular No. (17) due to its incompatibility with legal and humanitarian standards. It stressed the necessity of restoring the mother's right to guardianship in the absence of the father, his incapacity, or when the child's best interests so require.

The Council also called for amending the relevant articles in the Personal Status Law and the Law on the Care of Minors, which restrict guardianship to males, to achieve the principles of justice, equality, and non-discrimination. It further called for amending the executive and judicial instructions that prevent mothers from assuming guardianship and enabling the Sharia courts to exercise their natural role in determining what is best for the minor without prior restrictions.

The Council affirmed that protecting the Syrian family and guaranteeing children's rights necessitate just legislation that is fair to mothers and consistent with constitutional principles and international obligations.

The Syrian Women’s Council also appealed to the international community and women’s organizations to condemn this unjust decision, which infringes upon the rights of Syrian women and restricts their fundamental freedoms. The Council asserted that the decision blatantly contradicts the principles of human rights enshrined in international law and reflects an unjustified setback in the progress of women’s rights.

The Council concluded its statement by calling on all Syrian women to stand united in the face of this challenge and to work together to preserve their rights and support their empowerment in all aspects of life.

ANHA