Remarks of UNAMI Human Rights Office - Consultative Workshop to Promote the Adoption of the Anti-Domestic Violence Law
١٦ ئایار ٢٠٢٣
Baghdad, 16 May 2023
Distinguished guests
Ladies and gentlemen
It is my honor to be here with you today at this workshop organized by the Directorate of Women Empowerment in collaboration with UNAMI Human Rights office.
The workshop is aimed at generating discussions and encouraging concrete steps towards enacting a law on domestic violence that meets international human rights standards.
The absence of a legislative framework criminalizing domestic violence as well as the existence of laws that perpetuate discrimination against women are key factors accounting for the high prevalence of domestic violence in Iraq.
However, enacting a law should not be just a procedural requirement. It is imperative that the law explicitly safeguards family members from acts of violence, including homicides and severe physical harm.
Merely addressing minor offenses undermines the severity of the violence and enables perpetrators to evade punishment for acts that clearly warrant criminal charges.
We must ensure that the law contains unambiguous and precise provisions, drawing upon the language used in the Constitution and the Iraqi Penal Code, to effectively address domestic violence.
Specifically, Article 29 (4) of the Constitution, which prohibits violence in the family should be replicated, alongside relevant articles from the Penal Code that pertain to murder, manslaughter, and severe physical harm.
In the interim, I encourage the High Judicial Council to designate and offer appropriate training to judges in High Courts to handle domestic violence cases, mirroring the existing practice in Misdemeanor Courts.
Additionally, I also encourage the Ministry of Interior to assign and equip investigative judges with specialized training to effectively handle investigations related to domestic violence cases.
This comprehensive approach will ensure that criminal acts of violence within the family are appropriately addressed.
UNAMI recognizes the efforts by authorities to counter violence against women, encourages further concerted steps towards prevention, protection and accountability and urges the Council of Representatives to repeal Articles 41 and Article 409 of the Penal Code.
I am confident that the discussions and interactions that will take place today will contribute significantly to the ongoing efforts to address the problem of domestic violence.
I look forward to a productive and meaningful discussion.