Dr. Ahmed Fares Idris
University of Mosul – College of Law

Introduction:

The family is considered the fundamental building block of society, as it is the first environment in which a person acquires their values, principles, and social behaviors. Therefore, the stability of the family is directly reflected in the stability of society as a whole. However, this institution may be subject to serious shocks as a result of the spread of domestic violence, which has become one of the most prominent contemporary social and legal problems, due to the serious psychological, physical, and social effects it leaves on victims, whether they are women, children, or the elderly.

Domestic violence is not limited to physical assault, but extends to include verbal abuse, bullying, humiliation, deprivation, threats, coercion, psychological and economic abuse, as well as assaults on children, women, and the elderly. Social and economic transformations, along with weak legal awareness, have contributed to the exacerbation of this phenomenon, necessitating legislative and institutional intervention to curb it and protect victims.

Hence, the importance of the legal study of domestic violence emerges as a violation of human rights and an assault on human dignity guaranteed by laws, international agreements, and national constitutions.

First: The Concept of Domestic Violence:

Domestic violence means any act or omission committed by one family member against another within the family framework, resulting in physical, psychological, social, or economic harm.

Domestic violence includes multiple forms, including:

1. Beating and physical abuse.

2. Insulting, cursing, and humiliation.

3. Threats and intimidation.

4. Bullying and belittlement.

5. Deprivation of basic rights.

6. Sexual assault.

7. Deliberate neglect of children or the elderly.

8. Financial and economic control.

9. Imprisonment or restriction of freedom within the home.

Domestic violence is considered one of the most dangerous types of violence because it occurs within the environment that is supposed to be a source of safety and stability.

Second: Types of Domestic Violence:

1- Physical Violence: Includes beating, slapping, burning, pushing, and using sharp objects or any means that cause physical harm to the victim.

2- Psychological Violence: Manifests as humiliation, belittlement, threats, intimidation, social isolation, and bullying, causing serious psychological disorders for the victim.

3- Verbal Violence: Includes the use of offensive language, cursing, insults, and continually diminishing the other person’s value.

4- Economic Violence: Achieved through depriving family members of money, preventing them from working, or complete control over their financial resources.

5- Violence Against Children: Includes severe beating, neglect, exploitation, deprivation of education or healthcare, in addition to psychological abuse.

6- Violence Against Women: Manifests as physical, psychological, or economic assault, or the imposition of control and coercion within the family.

7- Violence Against the Elderly: Includes neglect, deprivation of care, verbal or physical abuse, and seizure of their money or property.

Third: Causes of Domestic Violence:

There are multiple causes leading to domestic violence, the most prominent of which are:

1- Social Causes: Weak family upbringing, the spread of violent culture, incorrect social customs, and family disintegration.

2- Economic Causes: Poverty, unemployment, living pressures, and low financial income.

3- Psychological Causes: Psychological disorders, excessive anger, addiction, and drug abuse.

4- Weak Legal Awareness: Many individuals’ ignorance of their legal rights and available protection methods contributes to the continuation of violence cases.

5- Weak Social Oversight: Limited community and institutional intervention in addressing violence cases contributes to exacerbating the problem.

Fourth: The Effects of Domestic Violence:

Domestic violence has serious effects that go beyond the family sphere to affect society as a whole. The most important of these are:

Family disintegration, rising divorce rates, juvenile delinquency, the spread of crime, the incidence of psychological illnesses, poor academic achievement among children, loss of the sense of safety and stability, and the creation of future generations inclined toward violence.

Fifth: Means of Reducing Domestic Violence:

1- Enhancing Family Awareness: Through spreading legal and social culture that clarifies the danger of violence and its effects.

2- Activating the Role of Educational Institutions: By incorporating concepts of tolerance and respect for human rights into school curricula.

3- The Role of the Media: The media should play an awareness-raising role in combating domestic violence, without justifying it or downplaying its seriousness.

4- Psychological and Social Support: Establishing specialized centers to treat victims and rehabilitate families.

5- Strengthening Legal Penalties: Imposing deterrent penalties on perpetrators of domestic violence crimes contributes to reducing their spread.

6- Encouraging Reporting of Violence Cases: By providing safe and confidential means to protect victims.

Sixth: Entities Responsible for Awareness and Protection Against Domestic Violence:

There are many entities responsible for combating domestic violence, including:

1. Ministry of Interior.

2. Ministry of Labor and Social Affairs.

3. Ministry of Health.

4. Educational institutions and universities.

5. Civil society organizations.

6. Family counseling centers.

7. Media outlets.

These entities play an important role in legal, psychological, and social awareness, in addition to providing support and protection for victims.

Seventh: Laws that Help Reduce Domestic Violence:

Criminal laws, personal status laws, child protection laws, and human rights laws contribute to confronting domestic violence. The most prominent relevant legal provisions include:

1- The Iraqi Constitution: The Iraqi Constitution affirmed the protection of the family and childhood and the prohibition of all forms of violence and arbitrariness within society.

2- Iraqi Penal Code No. 111 of 1969: Includes provisions criminalizing assault, battery, abuse, threats, and coercion.

3- Iraqi Personal Status Law No. 188 of 1959: Regulates family rights and duties and establishes controls for the relationship between family members.

4- Juvenile Welfare Law: Provides protection for children from exploitation, neglect, and violence.

5- International Agreements: Such as:

• The Convention on the Rights of the Child.

• The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

• International covenants on human rights.

The need arises to legislate a specific law on domestic violence that includes clear mechanisms for protection, reporting, penalties, and psychological and social rehabilitation.

Conclusion:

Domestic violence is one of the most dangerous phenomena threatening the entity of the family and society, due to the serious psychological, social, and legal effects it leaves that affect human dignity and stability. Addressing this phenomenon is not achieved through legal penalties alone, but requires the concerted efforts of the family, educational, media, religious, and legal institutions to spread a culture of respect, tolerance, and dialogue within the family.

Furthermore, providing effective legal protection for victims, enhancing community awareness, and activating the role of competent authorities are all factors that contribute to reducing this phenomenon and building a more stable, safe, and just society.

Sources:

1. Al-Waseet fi Sharh Al-Qanun Al-Jina’i Al-Iraqi (The Mediator in Explaining the Iraqi Penal Code).

2. Sharh Qanun Al-Ahwal Al-Shakhsiya Al-Iraqi (Explanation of the Iraqi Personal Status Law).

3. The Iraqi Constitution of 2005.

4. Iraqi Penal Code No. 111 of 1969 (as amended).

5. Iraqi Personal Status Law No. 188 of 1959 (as amended).

6. Convention on the Rights of the Child of 1989.

7. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)