What is Gender-Based Violence?
Gender-based violence (GBV) is any harmful act directed at an individual based on their gender. This type of violence stems from deeply rooted gender inequalities and power imbalances between men and women. It is important to understand that GBV is not justifiable under any circumstances, and it violates the fundamental rights and dignity of those affected.
Forms of Gender-Based Violence:
- Physical Violence: This includes acts such as hitting, slapping, kicking, or using weapons to inflict harm. It often occurs in domestic settings, where a partner or family member may use physical force to control or intimidate.
- Emotional and Psychological Violence: This form of violence includes verbal abuse, threats, humiliation, intimidation, and controlling behaviors such as isolating someone from friends and family. Emotional abuse can be as damaging as physical violence, eroding self-esteem and mental health over time.
- Sexual Violence: Sexual violence includes any non-consensual sexual act or attempt to obtain a sexual act through coercion or force. This can occur within or outside of marriage and includes practices such as rape, sexual assault, and sexual harassment.
- Economic Abuse: Economic abuse occurs when one person controls another’s access to financial resources, preventing them from gaining financial independence. This may involve withholding money, preventing someone from working, or stealing their earnings.
- Harmful Traditional Practices: Some cultural practices, such as forced marriage, female genital mutilation (FGM), and honor-based violence, are forms of GBV. These practices are often justified by tradition but are inherently harmful and violate human rights.
Challenges in Addressing Gender-Based Violence in Iraq: The problem with Article 41
While international law condemns GBV, Iraq’s Article 41 of the Penal Code, legalizes forms of GBV and has been widely criticized for its implications regarding domestic violence.
What is Article 41?
Article 41 of Iraq’s Penal Code states that there is no crime if the act is committed while exercising a legal right. This includes:
- “The punishment of a wife by her husband, the disciplining by parents and teachers of children under their authority within certain limits prescribed by law or by custom.”
This provision effectively legalizes domestic violence by allowing husbands to “discipline” their wives, which can include physical violence. The vague language of “within certain limits prescribed by law or by custom” leaves significant room for interpretation, often to the detriment of women.
The Impact of Article 41:
- Normalization of Domestic Violence: By framing violence as a permissible form of discipline, Article 41 contributes to the normalization of domestic violence in Iraqi society. It sends a message that husbands have the right to control their wives through physical punishment, reinforcing harmful gender norms.
- Lack of Legal Recourse for Victims: Women subjected to violence under this law have limited avenues for legal recourse. The law itself provides a shield for abusers, making it difficult for women to seek justice and protection.
- Contradiction with International Law: Article 41 directly contradicts international human rights standards, including those outlined in the UDHR, CEDAW, and other international treaties to which Iraq is a party. These international frameworks call for the protection of women from violence and the elimination of laws that discriminate against them.
Efforts for Change:
- Advocacy and Legal Reform: Local and international human rights organizations have called for the repeal or amendment of Article 41 to ensure that it does not provide a legal basis for domestic violence. Advocacy efforts focus on aligning national laws with international human rights obligations, protecting women’s rights, and ensuring that perpetrators of violence are held accountable.
- Raising Awareness: Education and awareness-raising are crucial in challenging the cultural norms that sustain laws like Article 41. Public campaigns, community dialogues, and educational programs can help shift societal attitudes and reduce the acceptance of domestic violence.
- Supporting Victims: Despite the challenges posed by laws like Article 41, it is important for women to seek support if they are experiencing violence. Local women’s organizations, legal aid groups, and international NGOs can offer assistance, even in challenging legal environments.
Recognizing Gender-Based Violence as a Human Rights Violation
GBV is often perpetuated in societies where traditional gender roles are strictly enforced, and where violence against women is seen as a private matter. However, it’s crucial to understand that GBV is a violation of human rights and goes against international norms and laws.
International Legal Frameworks:
- The Universal Declaration of Human Rights (UDHR): Adopted by the United Nations in 1948, the UDHR declares that everyone is entitled to the same rights and freedoms, without discrimination of any kind, including gender. GBV violates several of these rights, including the right to life, liberty, and security of person (Article 3), and the right to be free from torture or to cruel, inhuman, or degrading treatment or punishment (Article 5).
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): CEDAW is a key international treaty that calls for the elimination of discrimination against women in all its forms. It specifically obligates countries to take appropriate measures to end violence against women, recognizing that such violence impairs or nullifies the enjoyment by women of human rights and fundamental freedoms.
- The Declaration on the Elimination of Violence Against Women: Adopted by the UN General Assembly in 1993, this declaration defines violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women. It calls on states to condemn violence against women and to pursue policies aimed at eliminating it.
- International Criminal Law: In extreme cases, acts of GBV can constitute crimes under international law, such as war crimes or crimes against humanity, especially in contexts of armed conflict. Sexual violence has been recognized by international courts as a serious violation of international humanitarian law.
Challenging the Normalization of Gender-Based Violence
In many communities in Iraq, GBV is mistakenly seen as a normal or acceptable part of life, particularly in contexts where traditional gender roles are strictly enforced. This normalization is often reinforced by cultural, social, and even legal structures that silence women and protect perpetrators.
However, it is crucial to recognize that GBV is neither normal nor acceptable. It is a grave violation of human rights, and its perpetuation undermines the dignity, health, and autonomy of those affected. Changing this perception requires collective action and education, aimed at empowering women, challenging harmful cultural norms, and advocating for legal and social reforms.
What Can You Do?:
- Educate Yourself and Others: Understanding the nature of GBV and its impact is the first step in challenging its normalization. Share this knowledge with others in your community to help shift attitudes and break the cycle of violence.
- Speak Out: If you or someone you know is experiencing GBV, it’s important to speak out and seek help. Silence allows the violence to continue and makes it more difficult for others to come forward.
- Support Victims: Offer support to those affected by GBV, whether through listening, helping them access resources, or connecting them with legal or psychological support.
- Advocate for Change: Support initiatives that aim to strengthen laws against GBV, provide better protection for victims, and educate communities about the harms of violence.