"Federal" raises controversy by ratifying a legal article that violates the rights of human, woman a

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[size=52]"Federal" raises controversy by ratifying a legal article that violates the rights of human, woman and child[/size]

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[size=45]According to experts in law and human rights, the ratification by the Federal Court on February 21 of Article 41 of the Iraqi Penal Code, which states that “there is no crime if the act (beating) takes place in the use of a right established by law and is considered a use of the right, is the husband’s discipline of his wife. Disciplining parents, teachers, and the like, underage children within the limits of what is prescribed by Sharia, law or custom, is a violation of human rights, especially women and children, and the article opposes the draft law on violence against the family, and thus Iraq will violate all international covenants and covenants it signed with regard to preserving on human rights.[/size]
[size=48]It opposes human rights principles[/size]
[size=45]Lawyer Ali Salam from Baghdad says: "It is not only Iraq who sees the issue of disciplining women and children as a man's right, but even some Arab countries."[/size]
[size=45]Ali Salam said in an interview with (BasNews) that "the issue is political, and I do not think that these issues may affect countries in the Middle East. There are stronger violations of human rights than that, so whoever does not act for the biggest reason does not act for the small reason."[/size]
[size=45]The lawyer adds, “It is possible to challenge the legal article and cancel its approval before the higher courts.”[/size]
[size=45]The lawyer asserts, “Article 41 of the Iraqi Penal Code is in contradiction to the principles and charters of human rights, and in all cases we do not agree with that article in the Penal Code and beating in all its forms is unacceptable, and we live in a time other than that time.”[/size]
[size=45]The Federal Court rejected the Iraqi Women's League's challenge to the constitutionality of Article 41 of the Penal Code, which permits violence and the use of (the right to discipline) wives and minor children.[/size]
[size=45]Iraqi female activists consider the issuance of the Law on Protection from Domestic Violence in Iraq the best step to protect women from violence, with the need to increase the number of safe havens to provide protection for abused women and girls.[/size]
[size=45]Although the Iraqi Council of Ministers voted on August 4, 2020 on the draft law on protection from domestic violence, the law is still awaiting a vote on it in the House of Representatives.[/size]
[size=45]Article 41 contradicts the Law on Protection from Domestic Violence, which is opposed by the Islamic blocs in the Iraqi parliament.[/size]
[size=48]Hitting a woman is an insult and demeaning[/size]
[size=45]For her part, human rights researcher Nermin Fathallah told BasNews, "Courts daily record high numbers of divorce and domestic violence cases."[/size]
[size=45]Fathallah points out that “the reasons are social and economic, in addition to unemployment, the housing crisis, and the imbalance in the value system, among others. We add to that domestic violence, which no legislation limits, and the state of instability and weak law enforcement and authority.”[/size]
[size=45]The researcher is surprised that “in such circumstances, the Federal Court rejects the Iraqi Women’s League’s challenge to the constitutionality of Article 41 of the Penal Code, which permits violence and the use of the (right of discipline) for wives and minor children.”[/size]
[size=45]The Chairperson of the Independent Commission for Human Rights in the Kurdistan Region, Mona Yaqo, issued a statement regarding the decision of the Federal Supreme Court, in which she responded to a challenge to the right to discipline the wife contained in Iraqi law.[/size]
[size=45]"The Federal Supreme Court rejected on February 21 of this year an appeal regarding the unconstitutionality of Article 41 of the enforceable Iraqi Penal Code," Yaqo said in a statement read by BasNews.[/size]
[size=45]She considered that “the attempt to circulate strange terms in our Iraqi society, the whole goal of which is to accept the idea of ​​discipline, such as the term (allowed beating), which is used to wound the pride of a woman who is condescending to her husband, such as poking a woman with a toothbrush, or the term (restricted beating), which was implicitly referred to in the resolution. The last of the Federal Supreme Court.[/size]
[size=45]Yaqo considered the permission to beat women an "insult and belittle" against her.[/size]
[size=45]She stressed, "Protecting the dignity of the Iraqi woman, who belongs to an ancient civilization, in which women were a symbol of sophistication, femininity and life."[/size]
[size=45]She added that "when one of the parties feels that it has absolute powers to hit the other partner, this means that we have lost the most important pillars of this social institution, such as equality and preserving dignity and safety."[/size]
[size=45]Yaqo stressed that "the idea of ​​law in any society is based on regulating relationships and protecting the weak party."[/size]
[size=45]She pointed out that "this article blows up the subject of protection and incites assault, because it made (discipline) a reason for permissibility, according to which the husband cannot be held criminally or even civilly accountable."[/size]
[size=45]Yaqo added, "The (women) in one text with (minor children), is evidence of the legislator's intention to keep women under the rule of minors, regardless of their age, social status and scientific level."[/size]
[size=45]And she added, "This is an approach that completely contradicts the principle of equality despite the difference in gender, which was approved by Article 14 of the Constitution of the Republic of Iraq for the year 2005."[/size]
[size=45]And I found that “the text’s contentment with the word (discipline) gave it a broad and elastic concept, to include psychological and sexual violence, verbal discipline, and all that may arise from future concepts.”[/size]
[size=45]He continued, "I had hoped that the Federal Supreme Court would stand boldly and steadfastly with Iraqi women and do justice to them, and that they would triumph over the solid constitutional principles approved by our Iraqi constitution in Articles (14), (29/fourth) and (30/first)."[/size]
[size=45]Yaqo went on to say, "The Federal Supreme Court had previously confirmed in its session on Monday, August 4, 2019, that (the disciplinary process is a process of reform and correction, and it is restricted by the text ... and that this is in line with constitutional principles and that its goal is to protect the family)". .[/size]
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