{"id":23615,"date":"2019-10-28T20:23:28","date_gmt":"2019-10-28T20:23:28","guid":{"rendered":"https:\/\/www.globaljusticecenter.net\/discrimination-by-design-key-points-for-the-universal-periodic-review-of-iraq\/"},"modified":"2023-06-07T21:09:59","modified_gmt":"2023-06-07T21:09:59","slug":"discrimination-by-design-key-points-for-the-universal-periodic-review-of-iraq","status":"publish","type":"post","link":"https:\/\/www.globaljusticecenter.net\/discrimination-by-design-key-points-for-the-universal-periodic-review-of-iraq\/","title":{"rendered":"Discrimination by Design: Key Points for the Universal Periodic Review of Iraq","gt_translate_keys":[{"key":"rendered","format":"text"}]},"content":{"rendered":"

In advance of the Human Rights Council\u2019s forthcoming review of Iraq, it is critical that attention is paid to the need for fundamental reform of Iraq\u2019s legal system in order to achieve justice for Daesh\u2019s victims, and more broadly for the people of Iraq.<\/strong> As currently codified, Iraq\u2019s criminal laws do not punish the most egregious aspects of Daesh\u2019s sexual and gender-based violence. If prosecuted under these laws, basic features of Daesh\u2019s crimes will go unpunished, such as rape with objects, forced marriage, and gender-motivated torture, as well as the international atrocity crimes of genocide, crimes against humanity, and war crimes.<\/p>\n

The Global Justice Center\u2019s full submission<\/a>\u00a0highlights a number of concerns over Iraq\u2019s criminal laws as violations of Iraq\u2019s obligations under the treaty bodies to which it is a party \u2013 including the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Prevention and Punishment of the Crime of Genocide, and the Geneva Conventions.<\/p>\n

<\/i>Download Fact Sheet<\/a>\u00a0<\/i><\/i><\/p>\n

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Iraq\u2019s Legal System Fails to Protect Women and Girls Against Discrimination<\/span><\/h4>\n

A fundamental principle of international human rights law is the protection against discrimination. The Universal Declaration on Human Rights and the Charter of the United Nations \u2013 as well as CEDAW,\u00a0CAT, and the ICCPR \u2013 have all codified the principles of non-discrimination and equality.\u00a0Under these principles, states are required to ensure that women, on the basis of equality of men and women, fully enjoy the benefits of the rule of law.<\/p>\n

Iraq\u2019s definition of rape, forced marriage, and torture are a few examples of how the country\u2019s criminal laws collectively fail to fully define, deter, prevent, punish, or redress sexual and gender-based violence crimes. Clearly defining these crimes in line with international standards is an important step in implementing the Iraqi Government\u2019s obligations to eliminate discrimination against women.<\/p>\n

The broad and systematic nature of Daesh\u2019s violence elevated their crimes beyond the traditional domestic framework and into international concern. Daesh committed all of the core international atrocity crimes of genocide, crimes against humanity, and war crimes; yet none of these have been formally outlawed by Iraq. Failing to investigate and prosecute international atrocity crimes as distinct crimes with specific gendered harms misses an opportunity to build a complete historical record, honor the experiences of victims, and ensure full accountability for Daesh\u2019s criminality.<\/p>\n

Iraq\u2019s criminal laws as rendered fail to provide protections for women and girls in violation of the requirement to ensure women are accorded equality with men before the law. As mentioned, specific examples where legal reform is needed include amending provisions regarding rape, forced marriage, and torture, as well as domesticating the international crimes of genocide, crimes against humanity, and war crimes in line with international standards.<\/p>\n

Survivors of Sexual and Gender-Based Violence are Entitled to Reparations<\/span><\/h4>\n

Not only are women and girls entitled to non-discriminatory application of the rights contained within these human rights treaties, but so too are they entitled to non-discriminatory reparations in the event that those rights are infringed.\u00a0If Iraq\u2019s criminal laws are left unchanged, Daesh\u2019s victims will be unable to achieve meaningful justice or seek proper redress for the unique harms they faced on the basis of their gender and sex.<\/p>\n

Under international law, survivors of sexual and gender-based violence are entitled to reparations including guarantees of non-repetition.\u00a0One measure of guaranteeing non-repetition is \u201c[r]eviewing and reforming laws contributing to or allowing gross violations of international human rights law and serious violations of international humanitarian law.\u201d\u00a0As the CEDAW Committee has recommended, State parties should \u201cmandate institutional reforms, repeal discriminatory legislation and enact legislation providing for adequate sanctions in accordance with international human rights standards.\u201d\u00a0Such legal reform is required to ensure \u201cwomen and girls are able to move forward and reconstruct their lives without facing discrimination.\u201d<\/p>\n

Complete gender justice will take a fully transformative agenda with actors at the local, regional, and international level finally recognizing, redressing, and remedying the gender-based discrimination that underlies the treatment of women and girls. Such effort includes reforming Iraq\u2019s criminal laws to bring them in line with international standards, in order to safeguard better protections for victims from violence and ensure access to justice.<\/p>\n

Questions for the Iraqi Government<\/span><\/h4>\n

Domestic Crimes:<\/strong><\/p>\n