Protecting and guaranteeing the rights of women and children in legal legislation and their role in stabilizing society
Keywords:
family - rights - protection - law - violence.Abstract
With the increasing calls to protect the rights of women and children within the family from domestic violence to which they may be exposed. In an effort to preserve the family, legal legislation protects the entity and members of the family while defining the rights of each individual in a clear manner and prevents any assault or transgression on these rights, whether the infringement is directed at the wife or children.
This study will shed light on the concept of family and the rights of the wife and children after the establishment of the family within the sacred social contract which is marriage. The obligations of the spouses towards each other or towards the children as well as the duty of society towards the family to preserve it and prevent any aggression against it and then define the meaning of violence directed at the family whether towards the wife or towards the children. Because it represents a reason for the collapse of the family and society at the same time, and in return, we will discuss the specific legal texts for crimes against the family and its rights and the legal protection of these rights in each of the legal legislations in force, including the Personal Status Law No. 188 of 1959, Civil Law No. 40 of 1951, Penal Law No. 111 of 1969, and Juvenile Law No. 76 of 1983, with the help of what was stated in the draft law regarding violence against women voted on in the Kurdistan region of Iraq in 2011 and presented before the Iraqi Council of Representatives for a vote. The study explains the extent of the impact of these legislations on preserving and protecting the family entity, its rights and eliminating domestic violence. From another perspective, how these calls have led to an increase in divorce cases, the harm to the family entity, the achievement of material gains for women, and the loss of the child between the divorced mother and the divorced father and then come up with a conclusion of the most important results and recommendations.
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