VOlUME 05 ISSUE 05 MAY 2022
Dr. Nishtiman Othman Mohammed
Faculty of Law, Political Sciences and Management, Soran University- Kurdistan of Iraq
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ABSTRACT
Women have been struggling for their rights for centuries in the male-dominated societies. When females are involved in economic and social aspects of their lives, it helps improve their families, communities and countries’ health, welfare, prosperity and security. Kurdistan, as a part of Iraq, is one of the State Party to CEDAW and is under an obligation to take the measures required by the convention to eliminate discrimination against women and ensure the equal enjoyment of human rights by women. There are different agents and factors that can contribute to the enforcement of human rights, however, state power plays the foundational and major role in establishing and enforcing the legal rights of women.
The study will identify the extent to which national legislation correspond to CEDAW conventions. Our instrument of analysis would be Article 11 which is focused on women’s employment. Our findings include that no substantial legal discriminations disadvantaging women exist.
KEYWORDS:Employment, Women’s Right, CEDAW, Equality, Discrimination.
REFERENCES
1) Al Sarab Law Office ,Recruitment and wage and hour law in Iraq.
https://www.lexology.com/library/detail.aspx?g=0e747d4b-2352-4703-b8e8-5f595fe15657, >accessed 10 August 2019
2) High Court, The Australian Law Journal Reports (Law Book Company of Australasia 1996)
3) International Network for Economic, Social and Cultural Rights and International Women’s Rights Action Watch Asia Pacific , ‘Claiming Women’s Economic, Social and Cultural Rights : A Resource Guide to Advancing Women’s Economic, Social and Cultural Rights Using the Optional Protocol and Convention on the Elimination of All Forms of Discrimination Against Women and the Optional Protocol and International Covenant on Economic Social and Cultural Rights’(New York 2013)
4) Jean- Michel Servais, International Labour Law (Kluwer Law International 2011)
5) Suruhanjaya Hak Asasi Manusia Malaysia, Round Table Discussion: Rights and Obligations Under CEDAW (Kuala Lumpur, Malaysia 2006)
6) UN Committee on the Elimination of Discrimination Against Women (CEDAW), CEDAW General Recommendations Nos. 16, 17 and 18, adopted at the Tenth Session, (1991) Contained in Document A/46/38
7) United Nations, Universal Declaration of Human Rights< http://www.un.org/en/universal-declaration-human-rights/>accessed 23 May 2019
8) Yvonne Donders and Vladimir Volodin , Human Rights in Education, Science and Culture: Legal Developments and Challenges (UNESCO 2007)
Legislation
Iraqi Labour Law No. 37 of 2015
1) Iraqi Labour Law No. 71 of 1987
2) Iraqi Civil Service law No. 24 of 1960
3) Maternity Leave Law No. 23 of 2003 Kurdistan Regional Government.
4) Law No. 4 of 2012 Law of amendment of the application of Law of Pensions and Social Security for Workers No. 39 of 1971 amended in Kurdistan –Iraq Region
5) Pension and social security for workers act No. 39 of 1971
6) Workers Pension and Social Security No. 112 of 1969