The Privacy of the Female Character in Iraqi Criminal Law and International Legislation

Abstract

The characteristic of the female in criminal laws and international legislation has a clear and inherent impact on the content of the texts of those laws, whether in the substantive or procedural aspect of those laws. This characteristic came in accordance with the nature of that female. It is either devoid of any legal or social status, so it is (abstract characteristic), or it is linked to one of those statuses, so it is (associated characteristic). The lack of explicit stipulation of that in the general rules does not prevent its actual non-existence and practical application. The texts of criminal law include many basic rules for that characteristic, which make it necessary in applying the legal text or not. This application is a result of the legislator’s prior philosophy towards the characteristic of the female and its impact on the work of the texts. Since the goal of the law is to achieve justice and equality (not arithmetic), it was necessary to highlight the role of Iraqi criminal law and international legislation related to the specificity of the characteristic of the female in strengthening that characteristic, and the results of countries’ failure to comply with what international legislation imposes. We relied on the descriptive and analytical approach to the texts of criminal law and international legislation, and among the most important of those results that were reached To her: The application of the feminine attribute in criminal law does not negate the existence of equality between men and women, but rather activates positive and actual equality between them by taking into account the special composition of women on both the physical and psychological levels when enacting legal texts. This is in addition to the role of international legislation, which has been effective in supporting and strengthening the protection of women at the international, national, and domestic levels. The role of civil society institutions in achieving social justice is through activating its role in spreading legal awareness of women’s privacy and its role in achieving sustainable development. Among our most important recommendations: the necessity of including the feminine attribute in criminal law as a principle of the general theory of penal law, in addition to activating the role of women at the national and international levels by evaluating texts that provide protection for their basic rights in society. The need to include curricula in schools and universities that achieve social justice and legal and cultural awareness, in line with the international community's policy of enhancing the role of women in community development and gender equality.

Received: 5 April 2025 / Accepted: 29 July 2025 / Published: 05 September 2025