Year:2023   Volume: 5   Issue: 4   Area:

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Faiza Jabbar Mohammad BABAKHAN

LEGAL (LEGISLATIVE) VIOLENCE AGAINST WOMEN

We are in one world, a capitalist, dictatorial, class, patriarchal world, and we are not in three worlds, like the idiom, in a superficial sense. Iraq is part of the big world, so what Iraqi women suffer is the same as what women suffer in all the world with a difference in the percentage of suffering, and that is why women were and still suffer marginalization even in most Countries have progressed and discrimination, persecution and, violence are practiced against them. Governments sometimes ignore their rights and exaggerate their problems and rights, therefore marketing women in areas that support their interests and covering up other great problems. Legal violence is systematic legislative violence in Iraqi laws resulting in a disparity in legal protection between women and men. It is found in several laws, including Personal Status Law No. 188 of 1958 amended, Penal Code No. 111 of 1969 amended, Civil Law No. 40 of 1951 amended, and in Other miscellaneous laws. The importance of this research is in dividing it into two parts: the first part is theoretical in shedding light on women’s legal legislation that is considered legal violence, while the second part is practical, by telling short, realistic stories from the Iraqi judiciary’s surveys of Iraqi women’s suffering from legal violence and how to resort to legal loopholes and legal tricks to reach rights for women. The main goal is the possibility for women to obtain their rights and overcome the legal problems facing us due to the backwardness of laws, whether in the previous or current political system, especially since the laws are outdated since the fifties and sixties.

Keywords: Legal violence against women, Iraqi legislation, the disparity in legal protection between women and men, Legal loopholes, and equality between women and men.

http://dx.doi.org/10.47832/2757-5403.21.18


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