Legal and Institutional Challenges for Women's Access to Justice in KR-I

29 Sep 2020

Gender equality as a concept goes beyond the traditional context limited to equality by elimination of all forms of discrimination based on gender to include application of accountability and creation of effective accountability mechanisms that ensure putting an end to the discriminatory measures.
This concept is deemed as a qualitative shift with regard to issue of gender equality by providing states’ commitment to protect women, guarantee all their human rights, provide a safe space for them to achieve equality-based justice with no distinction based on sex or gender.
Iraqi Kurdistan is exerting painstaking efforts to make progress with the rights of women as well as ensure their access to justice. Notwithstanding, significance of the efforts made by authorities of Iraqi Kurdistan via governmental and nongovernmental institutions, women still encounter many challenges when it comes to justice that can be classified into various levels including challenges at the individual and social levels, and others do exist at the institutional and legal levels.
Practical measures taken demonstrate that there are many obstacles and restrictions that deprive women of their right to initiate legal proceedings based on concept of equality before the law. These obstacles include lack of effective judicial protection as part of a structural context of discrimination and inequality that is exercised due to certain factors constituting ceaseless violations of women's human rights, including gender-based stereotypes, discriminatory laws, intersecting or complex discrimination, procedural requirements and practices relative to inability to act systematically in order to ensure guarantee of judicial mechanisms that promote women's access to justice.
Commenting on what was provided in the concluding observations issued by the Committee concerned with Elimination of All Forms of Discrimination Against Women (CEDAW) 2 as per Iraq’s seventh report of 2019 regarding this convention.