The application of criminal protection for women in the field of corrective justice (convicted women) in Iraqi law and Imami jurisprudence

Abstract

This research aims to demonstrate the adequacy of the legal and jurisprudential safeguards established to protect women convicted during the execution of their sentences, particularly concerning their treatment within prisons and detention centers, their rights to healthcare, rehabilitation and social reintegration, the protection of pregnant women and mothers, and the postponement of the death penalty to protect the fetus. The research's significance lies in its connection to protecting the human rights and dignity of convicted women, and in demonstrating the extent to which Iraqi legislation aligns with the principles of restorative justice and international standards. Furthermore, it highlights the role that Imami jurisprudence can play in strengthening the criminal protection of this group. The research employs a descriptive-analytical approach to present the concepts and provisions related to restorative justice and criminal protection, and to study and analyze Iraqi constitutional and legislative texts and Imami jurisprudential opinions. It also utilizes a comparative approach to identify points of agreement and disagreement between the two systems. The research concluded that Iraqi law and Imami jurisprudence agree on protecting the human dignity of convicted women, the necessity of separating women and men within penal institutions, providing healthcare, and postponing the execution of pregnant women to protect the fetus. However, Imami jurisprudence is distinguished by its broader, more focused approach based on the preservation of life and lineage, while Iraqi legislation still requires more detailed legal provisions and procedural safeguards related to pregnant women and mothers, as well as rehabilitation and aftercare programs. This would enhance the effectiveness of restorative justice and achieve a balance between implementing punishment and protecting women's rights and human dignity. The research also emphasizes that strengthening legal protection for convicted women requires developing legislation and implementation procedures that take into account their specific circumstances and family and health conditions, particularly for pregnant women and mothers, while providing specialized rehabilitation, psychological, and social support programs. This contributes to shifting from a concept of punishment based solely on deterrence to a concept of restorative justice that aims at reform, reintegration, and the protection of human dignity.