The text of the draft law against domestic violence in Iraq

by **claud39** on Tue Aug 04, 2020 4:50 pm

(Baghdad: Al Furat News) The Presidency of the Republic published, on Tuesday, the text of the draft law against domestic violence, which I sent to the House of Representatives.

The text of the project in the
name of the people presided
over the presidency of the republic
based on what was approved by the parliament and endorsed by the president of the republic and based on the provisions of item (first) of Article (61) and item (third) of Article (73) of the Constitution.
The President of the Republic decided on the date of 2019 to
promulgate the following law:
No. () of 2019
Law
Against Domestic Violence
Chapter One
Definitions and Objectives
Article-1-The following terms mean the meanings shown against them: First-
Family Violence: Every action or refrain from doing or threatening any of them Committed within the family, which causes material or moral harm.
Second - the family: a group of natural persons, which includes:
A - husband and wife / wives, their children and grandchildren, or the children of one of the spouses of another husband.
B- The parents of either spouse.
C- Brothers and Sisters, for both spouses.
D - a person covered by guardianship, trusteeship, or annexation, and who was in the family.
Third: The Committee: The Supreme Committee against Family Violence.
Fourth - Safe Centers: Places intended to receive victims of domestic violence covered by the provisions of this law.
Fifthly - The Specialized Court: The Family Court that is competent in cases of family violence.
Sixth: The competent judge: The judge investigating domestic violence cases, or the investigating judge in the region when there is no specialized judge.
Seventh - Protection Decision: A decision issued by the Family Court in accordance with the provisions of this law.
Eighth - Directorate: the Directorate of Family Protection of the Ministry of the Interior.
Article -2 - This law aims to protect the family, in particular women and girls from all forms of gender-based violence, reduce its spread and prevent it, punish the perpetrators, compensate for the damage caused by it, provide protection to victims, and provide them with the necessary care and rehabilitation, Achieve family reconciliation.
Chapter Two
The Higher Committee
Article -3- The Council of Ministers forms a higher committee called (the Higher Committee against Family Violence) chaired by the Minister of Labor and Social Affairs, and the Undersecretary of the Ministry of Interior is his deputy and the membership of each of:
First: A judge nominated by the Supreme Judicial Council.
Second - A representative of the following ministries and authorities, the position of any of them being not less than a general manager:
A- The Ministry of Foreign Affairs.
B- The Ministry of Finance.
C- Ministry of Justice.
D- The Ministry of Planning.
E- The Ministry of Higher Education and Scientific Research.
And - the Ministry of Education.
G- The Ministry of Health.
H- Ministry of Culture, Tourism and Antiquities.
I- The General Secretariat of the Council of Ministers.
J- The High Commission for Human Rights.
K- A representative of the Kurdistan Regional Government.
III - Two representatives from civil society organizations, chosen by the committee every two years, for one time.
Fourth - The director of the Family Protection Directorate shall be the rapporteur of the committee.
Article -4 - The decisions of the Supreme Committee are binding on all parties.

Article -5 - First - The committee shall convene at the invitation of its chairman, for at least one time every (60) sixty days in the presence of a majority of its members, and decisions shall be taken by a majority for the number of its members present, and when the votes are equal, the side with which the president voted with it is likely.

Second - The vice-chairman of the committee shall replace the chairman in his absence for any reason.

Third - The Committee may seek the assistance of those it deems experienced in the field of combating domestic violence, and the Chairman of the Committee may grant a promotional reward to him.

Article -6- The committee shall undertake the following tasks:

First - drawing up comprehensive national policies that include appropriate measures to prevent all forms of domestic violence.

Second - Adopting awareness-raising programs and campaigns to combat all forms of family violence, its implications for society and the need to prevent it.

Third - Approving plans, programs, studies and field surveys proposed by the Directorate of Family Protection.

Fourth: Approving the adoption of necessary and appropriate mechanisms to protect victims of domestic violence in coordination with the relevant ministries and authorities.

Fifth - Preparing reports on domestic violence in the Republic of Iraq.

Sixth: The exchange of experiences, coordination and cooperation with the competent authorities at the regional and international levels.

VII- Preparing programs and plans to build the capabilities of workers and service providers in the field of family violence in cooperation and coordination with civil society organizations.

Chapter Three

Family Protection Directorate

Article 7-First: A department called (Family Protection Directorate) is formed in the Ministry of the Interior, which carries out the tasks stipulated in this law. .

Second - The headquarters of the Directorate shall be in Baghdad, and it may open branches in Baghdad and all governorates.

Article -8- First - The directorate undertakes the task of researching and investigating complaints of domestic violence and submitting them to the competent judge.

Second - The director of the investigation in the directorate, upon receipt of a communication that includes a violation of a protection decision in force, shall present the case to the competent judge for the purpose of taking legal measures.

Article -9 - The directorate's formations, tasks and powers shall be organized according to instructions issued by the Minister of Interior, and priority will be to represent women in their administrative structure.

Chapter Four -

Crime News

Article 10 - The Supreme Judicial Council constitutes one or more specialized courts in the appellate areas to investigate cases of domestic violence.

Article -11- Anyone who has been subjected to domestic violence, or who is legally authorized to file a complaint with any of the:

First- The competent investigating judge.

Second - the public prosecution.

Third - Family Protection Directorate.

Fourth - The High Commissioner for Human Rights.

Article -12-First- The employee, or who is charged with a public service, or everyone who provided medical, educational, or social service or the competent non-governmental organizations, in the event of a suspected violent crime of domestic violence, must report to any of the agencies stipulated in Article (11). ) Of this law.

Second - The one who receives the news undertakes not to reveal the identity of the news presenter mentioned in item (first) of this article.

Article -13 - Complaints in cases of domestic violence are not subject to spatial jurisdiction.

Article -14 - The court may decide, in private, at the request of one of the parties, or both parties to the lawsuit, or the request of the public prosecution, or if the court decides to do so.

Article -15 - First - Anyone who has been subjected to domestic violence, or whoever is his representative legally, submits an application to the competent judge for the purpose of issuing the protection decision and depositing it in the safe center.

Second - The court must issue a protection decision within (24) twenty-four hours and for a period not exceeding (30) thirty days subject to renewal in accordance with the provisions of this law.

Third - The court's decision may be appealed before the competent criminal court, in its discriminatory capacity, within (7) seven days from the date of notification of the decision.

Fourth - The applicant for protection shall submit to the court a request to cancel the protection decision.

Fifth - The requests stipulated in Clause (First) of this Article shall be exempt from all fees.

Article -16- The competent court can issue a protection decision while the case is being heard.

Article -17- The competent judge may present the victim to the relevant medical and psychological committees, and take the necessary measures to transfer her to the health center for treatment, and he may secure its accommodation in the safe center within (48) hours.

Article -18 - The decision to protect includes obliging the complainant, with one or more of the following measures:

First: Not to subject the victim and not incite it, or to any family member or news provider.

Second - Preventing the complainant from entering the victim's home or approaching his whereabouts.

Third - Enabling the victim, or his representative, to enter the family home in the presence of the designated employee, to take his personal property in accordance with a fundamental record.

Fourth - Detecting any weapon in possession of the complainant, if necessary.

Fifth - Not to contact the victim, whether at home, or in the workplace, unless intended for family reconciliation under the supervision of the Directorate.

Sixth - Notice to the relevant authorities to stop the work of the public or private agency granted by the victim to the complainant from the date of the application for protection.

VII - Obligation of the perpetrator to undergo rehabilitation courses from violent behavior in specialized centers.

Article -19-First: The judge refers the parties to the complaint to the social research to reform the same, and he may seek the assistance of arbitrators from both sides of the complaint for the mentioned purpose.

Second - Stopping the legal measures taken against the complainant if there is conciliation and mutual agreement between him and the victim.

Chapter Five

Safe Centers

Article -20-First- The Ministry of Labor and Social Affairs should open safe centers for victims of family violence in Baghdad and all governorates, to protect and rehabilitate them, taking into account the special needs of people with disabilities, and specialized NGOs are entitled to open and manage safe centers with the approval of the Ministry of Labor and Social Affairs and the Ministry of Interior.

Second - The instructions issued by the Minister of Labor and Social Affairs shall define the functions of the safe centers.

Chapter VI

penal provisions of
Article 21.-punished complained of a breach of the decision of protection following sanctions:

I. a fine not less than (500,000) five hundred thousand dinars and not more than (1,000,000) million dinars, in the case of non - payment penalty shall be simple imprisonment for not Less than one month and not more than (6) six months.

Second - With a fine of no less than (3,000,000) three million dinars and no more than (5,000,000) five million dinars, in the event of recurrence, or if the crime was committed from the branches on the assets, or if the victim was young, young, or elderly, or Pregnant, or with a handicap, or violating the protection decision to use violence against any of those covered, and in the event of non-payment, the penalty shall be detention for a period of no less than (3) three months and not exceeding (1) one year.

Article-22 - Any employee or person charged with public service who tries to coerce the victim by not submitting the complaint, or neglecting to register it, is liable to imprisonment for a period of no less than (3) three months and not exceeding (1) one year.

Article -23 - The court may award compensation at the request of the aggrieved party, or his legal representative.

Chapter Seven

General Provisions

Article -24 - The provisions of the Penal Code No. (111) for the year 1969, the Code of Criminal Procedure Law No. (23) for the year 1971, and the Juvenile Law No. (76) for the year 1983 or any other punitive laws in cases of domestic violence, apply in the absence of a text in this law.

Article -25 - It does not work with any text that contradicts the provisions of this law.

Article -26 - The Council of Ministers issues regulations and instructions to facilitate the implementation of the provisions of this law within three months.

Article -27 - This law is implemented after (ninety) ninety days from the date of its publication in the Official Gazette.

The rationale
In order to reduce the manifestations of domestic violence, eliminate its causes, protect the family and its members, and bear the state's responsibilities, and protect women from acts that constitute violence in its various forms, which requires a relentless pursuit to criminalize such acts and prosecute the perpetrators, and provide the necessary services, and given that violence against women is a form One of the forms of discrimination, a violation of human rights, and a commitment to international instruments, treaties and covenants, which Iraq ratified, in line with the Charter of the United Nations and UN resolutions, and in line with the principles of the international community, and in implementation of the provisions of Article (29) of the Constitution.

This law was enacted by
Wafa al-Fatlawi

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