Suspension of the Domestic Violence Law Despite the "Disasters"... What is the Reference Relationship?
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Baghdad today - follow-up
With the continued increase and emergence of continuous cases of violence affecting children and women in Iraq, loud voices continue to demand the legislation of the Domestic Violence Law, which faces deep differences that do not suggest the possibility of its legislation, at a time when civil society organizations and humanitarian organizations depend on protecting the abused and reducing these cases, by legislating this law exclusively .
The head of the "Aisin" organization for human rights and sustainable development, Ansam Salman, accuses "religious parties, specifically the Virtue Party, of standing behind the failure to legislate the law so far, considering that these parties do not want society to escape from religious or masculine power, although the law protects everyone." It fully preserves their rights," as she put it.
And Salman confirms, in a statement followed by "Baghdad Today", that "civil organizations and parties submitted two versions of the Domestic Violence Law, but Parliament rejected them completely," pointing out that "the wording of the law does not contradict the social context, but rather the opposite. The law offers great solutions to many problems." Violence problems.
How is it different from existing laws?
Salman points out that "the most important advantages of the law are the provision of shelters for battered victims, and the conversion of their personal rights into a public right held accountable by law," noting that "the victims do not obtain their rights under the current law, unless they file a complaint against the perpetrators."
Salman revealed the determination of "civil organizations and parties to pressure Parliament to speed up the law by meeting with the Prime Minister and the President of the Supreme Judicial Council in order to exercise their legal role and reach a formula of law satisfactory to all."
No need for a new law
For his part, Professor of Constitutional Law at the University of Baghdad, Mosaddeq Adel, objects to calls to legislate a law that protects the child and every member of the family, as is the case with other systems in the world, attributing the reason to the existence of legal articles that preserve the child’s education and upbringing.
He believes that "the current laws contain clauses that, if applied, would have become among the best laws protecting children and families in the world, but what is wrong with them is that they are rubbery and are not explicitly applied on the ground."
He explains, "Iraqi laws include semi-integrated protection for children, in particular, including Juvenile Welfare Law No. 76 of 1983, which includes rehabilitation homes, annexation provisions, and the responsibility of parents, in addition to voting on the Child Rights Protection Law at the United Nations in 1991."
ambiguity of reference position
The head of the Women and Family Committee in Parliament for its previous session, Rehab Al-Aboudi, attributes the reason for not legislating the law despite its first and second reading by members of Parliament, to the confusion that accompanied the law by political parties, because they see that it increases family disintegration and divorce cases, Apart from the lack of clarity in the position of the religious authority in Najaf regarding the law.
Al-Aboudi says, "The law was presented to more than one religious authority in Najaf, but they did not study it and did not see its provisions. They asked not to interfere in legislative issues, and they left the option to legislate it to Parliament, and contented themselves with the law being considerate of society and traditions." She continues, "All departments working to protect the family at the present time operate without legal cover. Therefore, enacting the law is an urgent necessity that must be pursued."
Al-Aboudi talks about "disastrous violations against abused women and children, because there is no law to protect them, and the concerned departments are forced to imprison the abused because there are no places designated to house them," calling on "those interested in human rights and political parties to keep the law away from political bidding, and not to use it as a pressure card for political purposes." ".
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