A Comparative Study of National and International Laws on the Elimination of Domestic Violence against Women

Mirjafari, Zahereh Sadat; Habibitabar, Jawad; Tohidi, Ahmad Reza; Fattahi, Mohsen

A Comparative Study of National and International Laws on the Elimination of Domestic Violence against Women

Document Type : Original Article

Authors

Zahereh Sadat Mirjafari ¹

Jawad Habibitabar ²

Ahmad Reza Tohidi ³

Mohsen Fattahi ⁴

¹ PhD Student in Women Studies, University of Religions and Denominations, Qom, Iran,

² Associate Professor, Department of Jurisprudence and Judicial Law, Al-Mustafa University, Qom, Iran.

³ Assistant Professor, Department of International Public Law, University of Qom, Qom, Iran,

⁴ Assistant Professor, Faculty of Women and Family, University of Religions and Denominations, Qom, Iran,

Abstract

Domestic violence against women is one of the social harms threatening the family institution, and programs to combat it are seriously on the agenda of human rights organizations. Despite the fundamental and attitudinal differences between the Islamic-Iranian legal system and international instruments, strengthening the position of women in the home and society and enforcing women's legal rights in all areas, and paying special attention to their constructive role are important concerns for both. In this article, we review domestic laws related to the elimination of violence against women, in particular the Women's Security Bill and the Charter of Women's Rights and Responsibilities in the Islamic Republic, and compare them with international instruments such as the Conference on the Elimination of Discrimination against Women and International Covenants. After analyzing their strengths and weaknesses, solutions such as optimal culture-building, criminalization of domestic violence in Iranian laws and international instruments, and appropriate family disciplinary sanctions are proposed with the aim of strengthening the family, promoting arbitration in Iran, and mediation in the international arena.

Keywords

Domestic Violence

National Laws

International Laws

Violence against Women

Subjects

Legal studies of women and family

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