Year:2023   Volume: 5   Issue: 3   Area:

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Sukaina KAREEM

LEAGAL PROTECTION FOR WOMEN FROM VIOLENCE AND FROM THE THREAT OF ARTICLE NUMBER 41 OF THE IRAQI CONSTITUTION ON THEIR RIGHTS

The right of life and bodily integrity of, in addition to the right ‎reputation, is one of the most important rights attached to the ‎personality of a person, whoever this person is, male or female, but ‎recognizing and implementing this seems more important to people ‎than others, and we mean by them those who are vulnerable to ‎violating their rights Because of their gender, which may appear ‎clearly for women in many cases, women may be exposed to various ‎risks of assault on their personal rights, as they are exposed types ‎of attacks and violence directed against them. Domestic violence in ‎Iraq is not a contemporary issue, but rather a phenomenon that has ‎historical implications. It was associated with the pressures of life ‎and with the values and traditions based on the masculinity of ‎society in all its fields, and its manifestations extended and ‎worsened over time. For decades, the Iraqi family has suffered from ‎fragile, turbulent and insecure environmental conditions, which made ‎it a fertile place for the emergence and growth of new forms of ‎violence in both the family and society. Especially after June 2014 ‎when Iraq resist a series of deteriorating situations, which was ‎represented by the terrorist organizations controlling more than a ‎third of the area of Iraq, and the subsequent waves of displacement ‎of more than 4 million people, and a rise in unemployment rates that ‎reached 28% in 2017, and a rise in Poverty rates reached 41% in ‎areas that came under the control of terrorist organizations. The ‎spread of extremist ideology based on a misunderstanding of the ‎tolerant spirit of Islamic law and the attempt to push the sectarian ‎soul with regard to women’s rights and protection through what is ‎enshrined in Article 41 of the Iraqi constitution as it is an article that ‎affects the rights of Iraqi women and seeks to obliterate the Iraqi ‎identity and seeks to establish sectarian sectarianism and according ‎to the justifications and justifications The proposed supporter of this ‎point of view, and since this matter provokes the entity of every ‎individual and citizen who clings to his patriotism, since one of its ‎most dangerous effects is the consecration of sectarian tension, And ‎the threat to the consistency of the homogeneous Iraqi society, and ‎the need to preserve the gains of the Personal Status Law No. 188 ‎of 1959, if it was changed based on Article 41 of the Constitution, ‎which indicated that citizens are free in their personal status, but all ‎these rights and guarantees provided to women under this law are ‎subject to violation If the draft amendment to the Iraqi Personal ‎Status Law No. 188 of 1959 was approved, which the House of ‎Representatives intends to put forward, which ignores all these ‎guarantees in terms of the permissible age in the marriage contract, ‎especially with regard to the girl, child custody, second marriage, ‎and even with regard to the wife’s inheritance, this causes The bitter ‎reality of Iraq's economic, social, political, security and health ‎environment has led to the emergence of new forms of violence ‎against women and girls, whether in the family or society, all of ‎which necessitated conducting recent studies to address these ‎forms of growing violence that affected women more than all other ‎groups. affected by these changes

Keywords: Women, Protection, Violence.

http://dx.doi.org/10.47832/2717-8293.23.5


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