Legalization of violence in the country of Hammurabi

I still remember that day in school when I was not more than twelve and I was one of the distinguished students known to all the teachers when one of them summoned me and my classmate and punished us with a huge wooden stick in front of all the pupils. Psychological harm for a short time, and I will not forget the crying of my colleague and close friend Muhammad, who later won first place in the school’s general exams, saying: It is a scandal!

It may not seem so bad at first glance until we know that there is no law that prevents that backward teacher from hitting and insulting us. Rather, Iraqi law bypassed that and considered the actions of teachers and others that have a sufficient psychological effect in distracting children and destroying their creativity as a “discipline” and legitimized and considered it This does not require a punishment for its perpetrator under the cover of Article 41/1 of the Iraqi Penal Code No. 111 of 1969, which states: “There is no crime if the act is committed in the use of a right established according to the law. What is legally or legally or customarily prescribed

Let us stop at the limits set by the Iraqi law for “discipline,” so he said, “within the limits of what is prescribed by law, law, or custom,” meaning that he left the field open and did not say on the condition that he does not cause physical or moral harm, so he closes the door to violence in the face of that teacher Karoui and others, Rather, he left the choice and legalized his actions and reduced them.

The law goes beyond the legalization of the abuse of minor children, so it violates the laws of humanity is a flagrant violation, and the husband’s assault on his wife is considered to be something that does not require punishment. In our conventions, the husband strikes his wife, the father of his daughter, or the brother of his sister, and the Iraqi constitution stipulates equality between Iraqis regardless of gender in Articles 14, 29/4 and 30/1 of the Iraqi constitution, and the Speaker of Parliament appealed

Iraqi legitimacy of this law (1/41) in the year 2019 claiming that it contravenes the Iraqi constitution, so the Iraqi Federal Court responded to the case, claiming that the law does not allow domestic violence or violence against minors or students, while the Federal Court had to close the door in the face of fanatics and nullify All their legal arguments.

The President of the Republic, Barham Salih, announced on September 15, 2019, the completion of the draft law against domestic violence, which considers domestic violence a crime to be held accountable by the law, and thus it cancels all legislation that permits domestic violence. The government. Parliament would have voted on the law as soon as it was sent by the president of the republic if he was really interested in combating domestic violence.

On the other hand, the abolition of Article 41/1 of the Penal Code and the enactment of laws against violence in its forms may not deter fanatics and practitioners of domestic violence in the delusion of popular insistence on adhering to outdated customs and traditions. A joint survey conducted by the Iraqi government and UNICEF (the United Nations Children’s Fund) in 2005 showed 2017 that 37% of women between the ages of 15 and 49 consider violence against women acceptable, which calls for the importance of

spreading awareness in popular circles about domestic violence as important as adopting laws and penalties for perpetrators of domestic violence, and here we may have the right to criticize the role of UNICEF and the United Nations Fund To the population, as we did not touch any of their achievements on the ground in spreading popular awareness about domestic violence.

الكاتب : عبد الرحمن

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