الحماية الجنائية للزوجة من العنف في التشريع الجزائري

Abstract EN

No one denies that Islam has established and legitimized the rights of women unless legitimized by the canons in an era of time, improved under it and strengthened the status of women and obtained full rights undiminished, has declared to women their humanity and full eligibility by setting the rules that ensure the latter equality in Rights with men in the light of the existence of a distinction in the characteristics and functions between men and women.

Nevertheless, the international community has maintained that women do not enjoy de facto and total equality with men in their rights and are subject to widespread discrimination against them.

This is an attack on the principle of equality, which is the most important pillar of the human rights system.

The Convention on the Elimination of All Forms of Discrimination against Women was established in 1979.

With the prevalence of violence against women, especially at the family level, which adversely affected the wife and children, and then society at large, it became necessary to protect women in all circumstances, and therefore the Algerian legislator tried to establish guarantees to protect women by banning all forms of treatment Cruel, inhuman and degrading treatment in accordance with the constitutional amendment issued in March 2016 through the text of article 40 of the Constitution, which states: "The State guarantees the inviolability of human beings, and prohibits any physical or moral violence or any violation of the dignity of cruel, inhuman or degrading treatment repressed by law.

".

Pursuant to these rights contained in the CEDAW Convention and the Algerian Constitution, the legislator, pursuant to the amendment of the Penal Code 15-19, has criminalized all forms of violence against women, in particular violence by husband against his wife, under articles 266 bis and 266 bis 1, as well as article 330 bis.