VOlUME 04 ISSUE 06 JUNE 2021
Dr.Nishtiman Othman Mohammed
Faculty of Law, Political Sciences and Management Soran University- Kurdistan of Iraq
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ABSTRACT
Equality involves ensuring equal opportunities for all and that individual merits are given equal weight, without any discrimination. The principle of equality demands giving equal values to those who appear before the law. Now the recognition of principle of equality before the law entails that everyone is entitle to effective protection against discrimination and also to enjoy human rights without discrimination.
Women in Kurdistan, just like women elsewhere in the world, can lay claim to the right to equality before the law, to freedom from discrimination and to certain economic, social, and cultural rights. The purpose of this paper is to discuss and examine how women’s legal and civil rights are protected and to identify the extent to which the domestic legislation correspond to Convention on the Elimination of all Forms of Discrimination Against Women.
The findings of this paper are that some laws have been amended to accommodate equality for women while others are still carrying the relics of the discriminatory laws and attitudes against women.
KEYWORDS:gender, equality, Islamic Shari’a, penal code, civil code, CEDAW.
REFERENCES:
1) Ahmed, L. and A. A. Laila. 1992. Women and Gender in Islam: Historical Roots of a Modern Debate. Yale University Press
2) African Commission on Human and Peoples’ Rights. 2003. Zimbabwe Lawyers for Human Rights and Associated Newspapers of Zimbabwe v Republic of Zimbabwe. Sixth Extraordinary Session
3) Sciolino, E.1985. Islam: Feminists vs. Fundamentalists. https://www.nytimes.com/1985/07/25/garden/islam-feminists-vs-fundamentalists.html (referenced 19 September 2019)
4) Committee of MinistersRecommendation .2010.On Measures to Combat Discrimination on Grounds of Sexual Orientation or Gender Identity. https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805cf40a(referenced 15 September 2019)
5) Landsberg, M. 1992. Human Rights Must Include Women's Right to Escape Abuse. Toronto Star
6) Mohan., G. and N. Kotwal.2010. Fair Trial Manual: A Handbook for Judges and Magistrates. Commonwealth Human Rights Initiative.
7) Mackinnon, C., A.1987.Linda’s Life and Andrea’s Work, inC. A. MacKinnon (eds) Feminism Unmodified: Discourses on Life and Law. pp 127?129 Harvard University Press
8) Aref, S., Oehring, O., and Dabbous, D. A Research on Challenges Facing Iraqi Women in Obtaining Legal Rights. https://www.kas.de/c/document_library/get_file?uuid=4f82389b-a9a8-6861-45cf-47f9c50993e3&groupId=252038(referenced 22 May 2019)
9) Stigall, D. E. 2006. Iraq Civil Law: Its Sources, Substance and Sundering, Journal of translational law and policy16(1):1-71
10) United Nations,Report of theFourth World Conference on Women, Beijing, 4-15 September 1995 UN Doc. A/CONF/177/20
11) United Nations General Assembly.2011. Independence of Judges and Lawyers. UN Doc. A/66/289 .Sixty-sixth session
12) Zuhur, Sh. 2005. Gender, Sexuality, and Criminal Laws in the Middle East and North Africa: A comparative Study .WWHR : New Ways