THE EFFECTIVENESS OF ADMINISTRATIVE CONTROL IN FACING HARASSMENT OF WOMEN IN IRAQ
DOI:
https://doi.org/10.61841/frq9ns68Keywords:
The effectiveness of administrative control in facing harassment of women in IraqAbstract
ABSTRACT--States shall endeavor to achieve security and order in society and, for that purpose, may follow certain measures aimed at establishing order and security in society as well as providing the necessary services to citizens and the public interest. The State shall, through its legislative, executive and judicial powers, exercise an activity aimed at achieving stability under the public order and its elements related to public security, public health, public tranquility and public morals. If such activities or procedures are pursued by the authorities of the State as a whole, the laws are the responsibility of the executive branch as its bodies carry out duties that are in touch with daily life and behavior of individuals. Therefore, the administrative control bodies, specifically the Ministry of the Interior, are the closest to achieving what is called administrative discipline in the special sense. good law enforcement and confront crimes and phenomena contrary to morality or disrupt public order in the event of their increase and the phenomenon of its example harassment of women.
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1. The necessity of amending the legal text contained in the Penal Code regarding the inclusion of harassment within acts against shame and defining legal texts that address harassment in general and harassment against children and women in particular.
2. Increasing the penalties stipulated in the Penal Code against the harasser, as the absence of a deterrent to the beginning of this phenomenon makes it gradually exacerbate into sexual harassment and may end in a murder, especially against children and women.
3. Emphasizing the seriousness of this phenomenon in light of educational and social curricula and plans, as it requires increasing training programs for the purpose of highlighting the seriousness of this situation on the public order in society.
4. Emphasizing on media awareness, as the media plays an important role in community awareness through cooperation between the Ministry of Interior and Information bodies to educate towards avoiding this negative phenomenon.
5. Academic cooperation between universities, civil society organizations and administrative control bodies for the purpose of raising awareness and setting up academic courses for university and institute students to reduce this phenomenon.
6. Qualifying juveniles and minors, and sensitizing them to stay away from this phenomenon by emphasizing its negative consequences. Margins:
7. Dr. Mahmoud Helmy, Summary of Principles of Administrative Law, Arab Union for Printing, Cairo, first edition, without a year printed, p. 81.
8. Dr. Muhammad Ali Bdair and Dr. Mahdi Yassin Al-Salami and Dr. Essam Abdel-Wahab Al-Barzanji, Principles and Provisions of Administrative Law, Al-Atak for Book Production, Cairo, Legal Library Distribution, Baghdad, 2011, p. 211.
9. Dr. Muhammad Sharif Ismail, Administrative Control Powers in Exceptional Conditions, A Comparative Study, Journal of the State Council, Cairo, 1962, p. 10.
10. Article 2 / First / C of the Constitution of the Republic of Iraq for the year 2005 in force.
11. Article (37 / First / A) of the effective constitution of the Republic of Iraq for the year 2005.
12. Dr. Issam Ali Al-Debs, Administrative Law, What is Administrative Law, First Book, Dar Al-Thaqafa for Publishing and Distribution, Amman - Jordan, First Edition, 2014, pp. 454-455.
13. Article 66 of the Constitution of the Republic of Iraq in force in 2005.
14. Article (3) of the Ministry of Interior Law, No. 20 of 2016 published in the Iraqi Al-Waqa'iq newspaper, Issue 4414, on 29 August 2016, the fifty-eighth year.
15. Article (23) of the Provincial Irregularities Law No. 21 of 2008 published in the Iraqi Al-Waqa'iq newspaper, issue number 4070, on 3/31/2008, as amended.
16. Article (80 / First / Third) of the effective constitution of the Republic of Iraq for the year 2005.
17. Ministry of Police Affairs website on mol. Gov. iq / indox. Php.
18. Article (23) of the Provincial Irregularities Law No. 21 of 2008 published in Iraqi facts No. 4070 on March 31, 2001.
19. Hussein Omran, the phenomenon of sexual harassment, an investigation published in Al-Mada newspaper number 3079 dated 13/5/2014, published on the website almadapaper. Net ..
20. Sexual harassment in violation of body and feelings, research published on Feedo .net under the auspices of the Egyptian Computer Company (EBM).
21. Dr. Ahmed Fathi Sorour, Mediator in the Penal Code, Special Section, Third Edition, Dar Al-Nahda Al-Arabia, 1985, p. 662; see also Dr. Mahmoud Mahmoud Mustafa, Explanation of the Penal Code, General Section, 9th Edition, Cairo University Press, 1974, p. 328.
22. Judge Nabil Abdul Rahman, Penal Code No. 111 of 1969 and its amendments, revised fifth edition, 2011, Legal Library, Baghdad, p. 143.
23. The third paragraph of Article (10) of Law No. 37 of 2011 published in the Iraqi Al-Waqa'iq newspaper, Issue 4316, on 9/11/2015, p. 7.
24. Dr. Maher Abd Shwish Al-Durrah, Explanation of the Penal Code, Special Section, Al-Atak for Book Production, Cairo, Legal Library, Baghdad, without a year of printing, p. 104.
25. Dr. Abdul-Muhaimin Bakr Salem, Special Section in the Penal Code, Arab Renaissance House, 1976, 1977, p. 674.
26. Dr. Mahmoud Mahmoud Mustafa, previous source, p. 308.
27. Iraqi Penal Code No. 111 of 1969 as amended.
28. Labor Law No. 37 of 2015 published in the Iraqi Al-Waqa'iq newspaper, Issue No. 4386 on 9/11/2015, p. 8.
29. (Dr. Omar Al-Saeed Ramadan, Explanation of the Penal Code, Special Section, Arab Renaissance House, Cairo, 1977, p. 330.Article (19) of the Iraqi Penal Code, Ibid.
30. Dr. Maher Abdul-Shwish, previous source, p. 127.
31. Dr. Ahmed Fathi Sorour, Mediator in the Penal Code, Special Section, Third Edition, Dar Al-Nahda Al-Arabia, 1985.
32. Dr..Issam Ali Al-Debs, Administrative Law, What is Administrative Law, First Book, Dar Al-Thaqafa for Publishing and Distribution, Amman - Jordan, First Edition, 2014.
33. Dr..Abdel-Muhaimin Bakr Salem, Special Section in the Penal Code, Arab Renaissance House, 1976, 1977.
34. Dr..Omar Al-Saeed Ramadan, Explanation of the Penal Code, Special Section, Arab Renaissance House, Cairo, 1977.
35. Dr. Maher Abd Shwish Al-Durrah, Explanation of the Penal Code, Special Section, Al-Atak for Book Production, Cairo, Legal Library, Baghdad, without a year of printing.
36. Dr. Muhammad Sharif Ismail, Administrative Control Authorities in Exceptional Conditions, A Comparative Study, Journal of the State Council, Cairo, 1962.
37. Dr. Muhammad Ali Bdair and Dr. Mahdi Yassin Al-Salami and Dr. Essam Abdel-Wahab Al-Barzanji, Principles and Provisions of Administrative Law, Al-Atak for Book Production, Cairo, Legal Library Distribution, Baghdad, 2011.
38. Dr. Mahmoud Helmy, Summary of Principles of Administrative Law, The Arab Federation for Printing, Cairo, First Edition, without a year printed.
39. Dr. Mahmoud Mahmoud Mustafa, Explanation of the Penal Code, General Section, 9th Edition, Cairo University Press, 1974.
40. Judge Nabil Abdul Rahman, Penal Code No. 111 of 1969 and its amendments, revised fifth edition, 2011, Legal Library, Baghdad.
41. Hussein Omran, the phenomenon of sexual harassment, an investigation published in Al-Mada newspaper number 3079 dated 13/5/2014, published on the website almadapaper. Net
42. Sexual harassment in violation of body and feelings, research published on Feedo .net under the auspices of the Egyptian Computer Company (EBM).
43. Ministry of Police Affairs website on mol website. Gov. iq / indox. Php.
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