حماية المرأة في ظل التوجهات التشريعية المقترحة

Abstract EN

The Social stability cannot be achieved without protection based on guaranteeing freedom and equality.

but the problem lies in the lack the clarity the legislative policy in line with the provisions of the Iraqi constitution (2005), given the presence of many texts in which men dominate women without justification.

the project of law to amend the personal status law for the year 2017 was not successful because it leads to allowing the marriage of minors, which contradicts the right in freedom under constitution.

also, this project created a different treatment for women in matters of personal status, according to the religious sect.

it also conflicts with a woman's right in independent court because the courts do not have real supervision over the validity of marriage contracts, and their function is limited to ratification only.

the project of law against family violence for the year 2020 referred to all relatives in one house in the definition of family violence, which increases from marital problems.

the project did not guarantee the woman's right in freedom because it kept on the penal code for the year 1969, which allowed the suspension of the prosecution and other procedures and judgment when the offender tend to conclude a valid marriage contract with the victim in crime of rape, sodomy, indecent assault, or kidnapping.

the legislator did not equate the woman and the man when the husband commits adultery or when the husband has sex with others outside the home.

this requires reconsidering the proposed projects according to the constitution, specifically related to the principles of Islam and democracy.