يتعين على السلطات العراقية التحقيق في قضايا العنف الاسري وملاحقتها قضائيا ووضع قانون صارم لذلك ضمان للعقوبات المناسبة ضد العنف الاسري

المشكلة انه توجد نصوص تعاقب على كل هذه الجرائم ولكن الخلل هو بتطبيق النصوص. لذا انا ارى في ان الحل ليس بتشريع قانون جديد وإنما يكمن الحل في التطبيق الفعلي للنصوص الموجوده في قانون العقوبات.

it is commonly known that the whole world is faced with a scourge of gender based violence which has relations with domestic violence. It is also known that even though domestic violence affects both males and females, the most affected by this pandemic are the females. there is definitely a need for Domestic violence legislation in each and every country. The legislature must further ensure that act of domestic violence attract harsh sentences when committed. It must be sentences that will not talk to the offender but to the like minded culprits. Each and every act of domestic violence must be taken serious.

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The new law is criminal in the current penal code !! Punishments are severe as well ... but the defect is the improper application of punitive texts on such crimes because of their family scope.

In my opinion, there is no need to legislate a law against domestic violence, but rather it is better to amend the penal code in a way that limits the phenomenon of domestic violence, and legislating such a law leads to an inflation in the legislative framework, as well as excessive criminalization.

Of course there is an enormous need to adopt a law which deals particularly with domestic violence. Why? Because this is such a serious crime being committed, often in a repetitive and various ways against one or more family members. And adopting a special law on protection against domestic violence is vital, because the legal dispositions will involve many elements such as prevention, fighting domestic violence, protecting victims and strengthening sanctions. Some may argue that all of these elements can be part of the Criminal Code, but this is not enough, because it is an aggravating circumstance under on which ground a crime is taking place, whether it is physical violence, psychological, sexual, or/and economical violence we are talking about. This is why many Conventions have been ratified such as Istanbul Convention for example. They too could use the justification that it is enough to be included in the Criminal Code of each state and leave it be. But the lawmakers saw that this criminal act deserves more attention and therefore more international recognition, as a result of which, they concluded that in the end domestic violence is just another form on which gender-based violence manifests. To me as much specific a law is, the better.

وهذا هو رأي ايضا استاذ سجاد

الإشكالية، حسب رأيي، أعمق من وضع تشريع خاص للعنف الأسري فهذا لا يكفي؟ فالعنف أصبح سلوكا في كل المجالات وفي جل العلاقات الاجتماعية: العنف الأسري والعنف المدرسي (مؤسسات التعليم) وحتى في الملاعب (العنف في الملاعب وخاصة في كرة القدم) والعنف السلطوي. إننا كمجتمعات عربية بحاجة إلى إعادة بعث القيم في المجتمعات وتكريس الحريات وتقديس كرامة الإنسان واحترام الرأي والرأي الآخر وحتمية الاختلاف حتى داخل الأسرة الواحدة، وتقديس الالتزام بالقوانين وفي مقدمتها الدستور. ومهمة غرس وإعادة بعث تلك القيم مهمة الجميع وخاصة النخب المؤطرة للمجتمعات: من سلطات وعلماء وأساتذة ورؤساء أحزاب و جمعيات وأئمة المساجد والمربين في المدارس والجامعات..

The problem, in my opinion, is deeper than setting up special legislation on domestic violence, as this is not enough? Violence has become a behavior in all areas and in most social relations: domestic violence, school violence (educational institutions) and even in stadiums (violence in stadiums, especially in football) and authoritarian violence. We, as Arab societies, need to revive values ​​in societies, consecrate freedoms, sanctify human dignity, respect opinion and other opinion, and the inevitability of difference even within the same family, and sanctify adherence to laws, foremost of which is the constitution. The task of inculcating and resurrecting those values ​​is the task of everyone, especially the framed elites of societies: the authorities, scholars, professors, heads of parties, associations, imams of mosques and educators in schools and universities.

There is indeed a neccecity for domestic violence related laws and regulations in every country however even if the constitution like the South African may include so many rights in the Bill of rights in terms of chapter 2,the manner in which our courts divisions interpret such rights and the level of civil claims against the police who are faced on daily basis with a duty of enforcing the law, makes it realy difficult for onento believe or hope that there will be a solution towards this gender based violence any time soon.

Police officers have to look and observe many factors before they can limit a right of an individual person and even those who commit this crimes /offenses knew very well that they are protected by law and in situations where they may be arrested, convicted and sentenced by courts, they know that the correctional services of South Africa will release them from prison on different grounds as the authorities in charge of such state institutions may deem fit to do so. These are some of the reasons that gender based violence will always escalate irrespective of what politicians say when they appear on different types of media. The offenders are no longet afraid of the law.

Indeed, this is what I am about to say .. Laws exist and we do not need new laws as much as we do need an actual will to implement what exists in this regard .. Thank you.

I note the prevalence of myths in these answers. Those myths are focused on blaming men for domestic violence, and, falsely claiming that women are the victims of domestic violence who are most affected.

In reality, we know from reputable studies (as opposed to feminist advocacy propaganda) that women commit the vast majority of domestic violence and that men and children are the vast majority of the victims of women's violence.

For example, we know that women are the aggressors in 70% of domestic violence cases, and, that women commit 80% of child murders in domestic violence situations.

There are two reputable studies on domestic violence that dispel the myths promulgated by feminist hate propaganda against men. Copies are attached.

Disabusing the Notion of Domestic Violence: How Women Batter Men and the role of the Feminist State." Dr. Lara Stemple - UCLA Law School

"Differences in Frequency of Violence and Reported Injury Between Relationships With Reciprocal and Nonreciprocal Intimate Partner Violence" - Harvard Medical School

Thank you all ... Your responses have added ideas for new topics in the research.

There is already existing legislation/s on domestic violence. Maybe what is needed is the improvement of both penalties and processing of investigation and cases of domestic violence. Truth be spoken, most of this crime is perpetuated by one known in the inner circles of the victim. Secondly there are many preceding stages before the ultimate cause of death or physical abuse. Thirdly, the role of legislation is far too less if there is any at all and it will not do anything even if it was there. The sole reason hereto is that, DV happens between two people behind close doors, People who would rather keep mum about the abuse as it is alligned with shame and to some extent economic loss of support etc. My point is, perhaps if legislation dealing with penalties/ sentence and improvement of investigation process, yes. I agree. One would ask why these two?

Our law is so quiet about the role played by families et Al in DV. These are the people who are directly involved and are witnesses to the commission of this crime. Yes I mean force families to take responsibility in protecting one another. Life of a person is priceless than economic sopport and societal status of both the family and the perpetrator. It is embarrassing and annoying to hear stories upon death of a spouse that this has been going on for sometime, but why was it not managed well.? Legislating investigation is rather tricky, regulate the restraint of the alleged perpetrator and where need be even of the victim. This is to ensure safety. It does not make sense how many women for instance have died in possession of the protection order.. how many women have died in the hands of husband's boyfriends who have done their jail terms. Our legislation should make DV capita offence with capital punishment 25 to 50 or even above that. It cannot be death sentence though.

The basis of DV is our social structure s and they need to be in done. Sadly this is one field of our life that is suffering of moral decay and it is not improving. Worse of all as an educationally growing nation this field is growing for the worst.

In Malaysia, there exist a Domestic Violence Act 1997. The Act does not restrict the protection only to the wife, but also to the husband, parent, children and relative who are the victim to the abusive person. The violent act if not given attention may lead to more serious problems and fatalities in society. The Dometic Violence Act was further enhanced and amended in 2017.

Thank you. I will see it, God willing

Che AUDAH Hassan

Very correct words .. It is more important than legislation to have a community culture to implement these legislation. https://www.researchgate.net/profile/Saziso_Mbulawa

It is a world wide issue and needs a conference and symposium to identify the problem and determine the objectives for solving such a problem not just articles but real solutions

Really it is a big topic and important at the same time

I agree with John Davis about the myth that exists on mtters or problems of domestic violence and I just want to add that in a democratic state, no law should be vague as that leads to confusion amongst the subjects. This confusion is mainly caused by those who have been authorized to enact laws for the a certain sovereign state. If the law is vague to an extent that it is for exsmple, applied more against man than women, it creates problems for court's to interpret it correctly thereby leaving behind a stream of injustices sll in the name of justice and democracy.

Is it a rhetorical question ??. The need is obvious, whether it is called "Domestic Violence" or "Gender-Based" -because it is the main subtype with the highest incidence and prevalence and, unfortunately, many times "hidden" ("beginning of the iceberg"); in fact, the countries of the European Union, the USA and the vast majority of the Democratic and Developed Countries have it CRIMINALLY TYPED or are in the process of doing so. Courage and go for it !: It is something that can no longer be hidden by an absurd "conspiracy of silence", by fear, by taboos or simply by pure and harsh patriarchal machismo.

Hi Dr Eman Abdullah . I hope the following link could help: http://www.paho.org/hq/index.php?option=com_docman&task=doc_download&Itemid=270&gid=25162&lang=es

Very interesting question