الزواج القسري وانتهاك الحقوق الإنجابية من منظور القانون الدولي: العراق أنموذجا

الملخص EN

The phenomenon of forced marriage, or what is known as “forced marriage” in general in our societies, has been associated with customs, traditions and societal culture, especially what is known as “the clan naughty” which is an old clan custom that prevents a girl from marrying a man who is foreign to the clan.

the Iraqi legislator has criminalized in personal status law no.

(59) for the year 1959 for these behaviors, imposing penalties that may reach ten years imprisonment for those who commit that act.

in our current time, with the emergence of terrorist organizations in recent decades and the spread of international and non international armed conflicts, we find that this phenomenon has taken another direction in its spread, through exercising psychological and physical pressures and all forms of violence against women that may reach the point of threatening with a weapon to reach that end, as happened according to local, international and news reports with many Yazidi girls and others with the entry of terrorist organizations to Iraq in 2014, and the resulting violation of human rights, including reproductive rights and health care for women, as girls and women who are subjected to what is known as forced marriage are often unable to make decisions about their sexual and reproductive health or whether they have no information in this regard.

these events prompted us to research the nature of forced marriage according to the international perspective, and to indicate the effectiveness of legislative and judicial protection internationally and internally, as well as to clarify the most important factors and reasons that reinforced this phenomenon in our beloved country, while identifying the gaps, deficiencies and ways of treatment, and at the end of our research we reached to a set of results, the most important of which are: 1.

forced marriage according to international law is a violation of human rights and freedoms, and may constitute a war crime and a crime against humanity if committed on a large scale in accordance with the Rome statute of the international criminal court.

2.

the existence of many discriminatory provisions and texts within the national legislation, which restrict the right to enter into marriage with free and full consent.