Legal discrimination in Iraq

The law treats women and girls as second-class citizens, especially concerning citizenship laws, employment, marital rights, inheritance, and property. These discriminatory laws do not align with empowering and protecting women, as they face discrimination in various aspects, including politics, legislation, and judicial laws

Article 41 of the Iraqi Penal Code No. 111 of 1969 grants husbands the right to discipline their wives within the limits prescribed by religious, legal, and customary laws. This discipline can extend to physical harm such as beating with a stick, imprisonment, deprivation, and other means, without constituting a punishable crime under the law

Article 384 concerning alimony crimes imposes a maximum penalty of one year’s imprisonment or a fine of no more than one hundred Iraqi dinars, or both penalties, in cases where the obligated person refuses to provide support. The insignificance of the amount does not correlate with the consequences of withholding support, especially considering court orders to suspend alimony or child support payments. This article should have included compensation or severe imprisonment for all damages resulting from failure to provide support within the specified time

These legal provisions contradict the Iraqi Constitution, which guarantees equality before the law without discrimination, as stated in Article 14. They also contradict judicial rulings with respect to Article 29 of the Constitution, which prohibits all forms of violence within the family and society

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