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[size=36]The Federal Court issues a ruling regarding the women's quota in Parliament[/size]
Political | 01:34 - 27/01/2020
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Baghdad - Mawazine News
On Monday, the Federal Supreme Court issued a ruling on the quota for women in the House of Representatives.
"The Federal Supreme Court held a session headed by Judge Medhat al-Mahmoud and the presence of all the judges, and the case was heard in which the plaintiff, the chief commissioner of the Electoral Commission, added / to his job," court spokesman Iyas al-Samuk said, in a statement received by Mawazine News, a copy of it.
Al-Samouk added, "The plaintiff requested by her representative to give her a seat under the (women's quota) in addition to the three seats occupied by women for the Maysan governorate, which specified the number of seats allocated to this governorate with nine seats, given that one of the three women won her votes, and the plaintiff considers that this does not It is counted within the (women's quota).
He continued, "The Federal Supreme Court stood on the legal position from which the claimant started, as she ran in the 2018 Parliament elections for the stream of wisdom in Maysan Governorate, and she got (1932) votes, and her ranking was among the fourth women in the province, so she did not win In the seat you want. "
He pointed out, “The court made it clear that the plaintiff contested what was stated in the schedule of distribution of seats for women / the second part of the distribution of seats number (12) for the year 2018, in order for the ceiling to remain open to increase the seats for women if they won their votes, and to consider this outside (women's quota) ".
And the spokesperson said, "The court found that (the quota of women) was an exception to the principle of equality stipulated in Article (14) of the constitution, and that the legal rule determines that the exception is not expanded and is not measured and valued."
He added, "The Federal Supreme Court confirmed that the exception mentioned in Article (49 / Fourth) of the Constitution, which formulated the system of distribution of seats No. (12) for the year 2018 in the light of it, means the removal of a man who won his votes in the membership of the House of Representatives and in the seat reserved for the governorate and the replacement of a woman who replaced him." She did not win her votes, and a man won more than the votes of the woman who wanted to replace him.
And he continues, "The Federal Supreme Court mentioned that achieving the minimum percentage of women in the governorate that was targeted by Article (49 / Fourth) of the Constitution, which came as an exception to the provisions of Article (14) of it, as it was previously provided that it is not permissible to sacrifice the votes of the voters who gave their votes to a man and in numbers More than what the woman who wanted to replace him got under the (women's quota).
And he goes on to say, "The court held that this is inconsistent with the will of the voter and the freedom of expression guaranteed by Articles (20) and (38 / First) of the Constitution."
The Samuk concluded by saying, "The Federal Supreme Court found, based on the foregoing, that the plaintiff's suit has no basis in the constitution, as long as the percentage of women under (quota) has been completed, so the court decided to dismiss the plaintiff's suit." End 29 / p.
"The Federal Supreme Court held a session headed by Judge Medhat al-Mahmoud and the presence of all the judges, and the case was heard in which the plaintiff, the chief commissioner of the Electoral Commission, added / to his job," court spokesman Iyas al-Samuk said, in a statement received by Mawazine News, a copy of it.
Al-Samouk added, "The plaintiff requested by her representative to give her a seat under the (women's quota) in addition to the three seats occupied by women for the Maysan governorate, which specified the number of seats allocated to this governorate with nine seats, given that one of the three women won her votes, and the plaintiff considers that this does not It is counted within the (women's quota).
He continued, "The Federal Supreme Court stood on the legal position from which the claimant started, as she ran in the 2018 Parliament elections for the stream of wisdom in Maysan Governorate, and she got (1932) votes, and her ranking was among the fourth women in the province, so she did not win In the seat you want. "
He pointed out, “The court made it clear that the plaintiff contested what was stated in the schedule of distribution of seats for women / the second part of the distribution of seats number (12) for the year 2018, in order for the ceiling to remain open to increase the seats for women if they won their votes, and to consider this outside (women's quota) ".
And the spokesperson said, "The court found that (the quota of women) was an exception to the principle of equality stipulated in Article (14) of the constitution, and that the legal rule determines that the exception is not expanded and is not measured and valued."
He added, "The Federal Supreme Court confirmed that the exception mentioned in Article (49 / Fourth) of the Constitution, which formulated the system of distribution of seats No. (12) for the year 2018 in the light of it, means the removal of a man who won his votes in the membership of the House of Representatives and in the seat reserved for the governorate and the replacement of a woman who replaced him." She did not win her votes, and a man won more than the votes of the woman who wanted to replace him.
And he continues, "The Federal Supreme Court mentioned that achieving the minimum percentage of women in the governorate that was targeted by Article (49 / Fourth) of the Constitution, which came as an exception to the provisions of Article (14) of it, as it was previously provided that it is not permissible to sacrifice the votes of the voters who gave their votes to a man and in numbers More than what the woman who wanted to replace him got under the (women's quota).
And he goes on to say, "The court held that this is inconsistent with the will of the voter and the freedom of expression guaranteed by Articles (20) and (38 / First) of the Constitution."
The Samuk concluded by saying, "The Federal Supreme Court found, based on the foregoing, that the plaintiff's suit has no basis in the constitution, as long as the percentage of women under (quota) has been completed, so the court decided to dismiss the plaintiff's suit." End 29 / p.
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