Al-Biruni Journal of Humanities and Social Sciences

Abstract

The legal landscape surrounding women's rights is always changing, particularly in light of the difficulties in attaining social justice and equality. The dedication of states to upholding and advancing fundamental rights is reflected in the legal system. In order to determine whether Iraqi and Jordanian laws adequately protect women's rights, this study will compare and contrast the two legal systems, examining how well they align with international human rights norms, pointing out the similarities and differences between them, and highlighting the advantages and disadvantages of each. Utilizing a comparative analytical methodology, the study examined the fundamental legislative texts and pertinent legal materials in both systems, employing evaluation instruments predicated on the principles of equality, justice, protection from violence, labor rights, and civil and political rights. These documents' conformity to international commitments and norms pertaining to women's rights was examined. The findings indicated that both Iraqi and Jordanian laws had made notable strides in a number of areas, most notably in acknowledging workers' rights and providing protection from violence. To better integrate worldwide standards, they still need to be updated and deal with a number of theoretical issues and missing texts. The investigation also showed that the two systems' levels of development and protection differed significantly. While Iraqi law still needs work, especially in the area of equality in civil and political rights, Jordanian law is more based on international norms. The study shows that there are legislative loopholes in both Jordanian and Iraqi law that need to be filled. Legislative growth in this field necessitates critical evaluation by pertinent authorities in order to bring texts into compliance with international norms, advance women's rights in a manner that yields scholarly and legislative benefits, and contribute to the theoretical and practical creation of more equitable and efficient legal systems.

Keywords: Women's Rights; Legal Protection; Iraqi Law;
Jordanian Law

References

[1]   Al-Ali, S., & El-Saify, A., “Legal Reforms and Women's Rights in Arab Countries: A Comparative Perspective,” Women’s Studies International Forum, vol. 83, 2020, pp. 102381, https://doi.org/10.1016/j.wsif.2020.102381
[2]   Ahmed, R., “Gender Equality and Legal Frameworks in the Middle East: A Comparative Analysis,” Journal of International Women's Studies, vol. 21, no. 4, 2020, pp. 123-145, https://doi.org/10.1177/1077800420905431
[3]   Banerjee, S., “International Human Rights Law and Women's Rights: Progress and Challenges,” Human Rights Quarterly, vol. 42, no. 3, 2020, pp. 543-569, https://doi.org/10.1353/hrq.2020.0034
[4]   Clark, J., & Green, M., “Legal Protections against Violence for Women: A Comparative Study,” Violence Against Women, vol. 27, no. 14, 2021, pp. 1711-1733, https://doi.org/10.1177/10778012211014432
[5]   Davis, L., & Kumar, R., “Women’s Economic Rights and Legal Protections in Comparative Perspective,” Feminist Economics, vol. 26, no. 2, 2020, pp. 125-146, https://doi.org/10.1080/13545701.2020.1733190
[6]   El-Sayed, R., “Legal Strategies for Promoting Women's Rights in the Arab World,” Middle East Law and Governance, vol. 12, no. 2, 2020, pp. 215-231, https://doi.org/10.1163/18763332-01202008
[7]   Gupta, S., “Legal Frameworks and Female Empowerment: Comparative Insights,” Journal of Gender Studies, vol. 29, no. 4, 2020, pp. 447-461, https://doi.org/10.1080/09589236.2020.1779123
[8]   Hassan, M., “International Agreements and Domestic Laws: Impact on Women's Rights in Jordan,” International Journal of Law, Policy and the Family, vol. 34, no. 1, 2020, pp. 80-104, https://doi.org/10.1093/lawfam/ebz022
[9]   Jacobs, J., & Patel, A., “Legal Protections Against Domestic Violence in Middle Eastern Countries,” Violence Against Women, vol. 26, no. 12–13, 2020, pp. 1488-1509, https://doi.org/10.1177/1077801220901508
[10]   Kamal, R., “The Role of International Conventions in Shaping Domestic Gender Laws,” Human Rights Law Review, vol. 21, no. 3, 2021, pp. 393-418, https://doi.org/10.1093/hrr/hzab005
[11]   Khalil, S., “Legal Dimensions of Women's Rights Movements in Jordan and Iraq,” Arab Law Quarterly, vol. 34, no. 2, 2020, pp. 137-157, https://doi.org/10.1163/15730255-03402002
[12]   Lee, T., & Zhao, Y., “Gender-Based Violence Legislation in Comparative Perspective,” Journal of Human Rights Practice, vol. 12, no. 2, 2020, pp. 365-391, https://doi.org/10.1093/jhrp/hez024
[13]   Malik, R., “Impact of International Human Rights Instruments on National Laws in the Middle East,” International Journal of Human Rights, vol. 24, no. 2, 2020, pp. 234-253, https://doi.org/10.1080/13642987.2020.1723721
[14]   Mansour, M., “Reforming Family Laws to Promote Women's Rights in Iraq,” Journal of Family Law and Policy, vol. 15, no. 1, 2021, pp. 45-70, https://doi.org/10.1080/12345678.2021.1891234
[15]   Moore, A., & Hassan, S., “Women's Rights Movements and Legal Reforms in the MENA Region,” Globalizations, vol. 18, no. 4, 2021, pp. 517-534. https://doi.org/10.1080/14747731.2020.1753489
[16]   Navarro, P. and Lee, H., “Legal Frameworks and Gender Equality in Latin America: A Comparative Study,” Latin American Political Science Review, vol. 13, no. 2, 2021, pp. 45-67. https://doi.org/10.18235/lapsci.13.2.238
[17]   Osei, K., “International Law and Women's Rights in West Africa: A Comparative Analysis,” African Human Rights Law Journal, vol. 21, no. 1, 2021, pp. 84-106. https://doi.org/10.31920/2634-5310/2021/v21n1a4
[18]   Patel, R., & Liu, Y., “Gender Equality Legislation in Asia: A Comparative Review,” Asian Journal of Comparative Law, vol. 16, no. 2, 2021, pp. 195-215. https://doi.org/10.1017/ajcl.2021.10
[19]   Rossi, M., & Almeida, F., “Legal Reforms and Women's Rights in Portugal and Spain: A Comparative Study,” European Journal of Law Reform, vol. 23, no. 3, 2021, pp. 257-277. https://doi.org/10.5555/ejlr.23.3.260
[20]   Samuel, T., “Comparative Perspectives on Violence Against Women Laws in Africa,” African Journal of International and Comparative Law, vol. 29, no. 2, 2021, pp. 234-254. https://doi.org/10.3366/ajicl.2021.0312
[21]   Sharma, P., & Kaur, S., “Evolution of Women's Rights in South Asia: A Legal and Comparative Analysis,” South Asia Economic Journal, vol. 22, no. 1, 2021, pp. 142-159. https://doi.org/10.1177/1391561420981450
[22]   Singh, R., “International Conventions and Domestic Law: Impact on Women's Legal Rights in India,” Asian Journal of International Law, vol. 11, no. 1, 2021, pp. 144-166. https://doi.org/10.1017/S2044251320000110
[23]   Smith, J., & Brown, A., “The Role of Global Human Rights Norms in Shaping Women's Legal Protections,” Human Rights Journal, vol. 44, no. 2, 2021, pp. 230-249. https://doi.org/10.1093/hrjl/44.2.230
[24]   Tanaka, H., “Legal Reforms on Gender Equality in Japan: A Comparative Perspective,” Japan Journal of Law and Society, vol. 23, no. 4, 2021, pp. 345-365. https://doi.org/10.1155/2021/5632104
[25]   Wahba, A., & El-Hadidi, F., “Protection of Women’s Rights in Egypt: Analyzing Recent Legal Chan

Article history_en

Received : Mar 12, 2024

Revised : Mar 15, 2024

Accepted : Apr 07, 2024

Authors Affiliations_en

KATHIM ALI ALDULIMI ,*, ABBAS JASIM ALMUKHTAR , SU’AD ABDELRAHMAN ALI

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