Advantages and Disadvantages of the Federal System in Iraq: An Analytical Study in Light of the Iraqi Constitution of 2005

Abstract

This study deals with the constitutional balance in the protection of women's rights in the Constitution of the Republic of Iraq of 2005, by examining the relationship between national constitutional guarantees, international human rights standards, and the principles of Islamic jurisprudence. The importance of the topic stems from the specificity of the Iraqi constitutional structure, which combines the recognition of fundamental rights and freedoms, the principle of equality and non-discrimination, and the provision of Islam as the religion of the state and a basic source of legislation. The study adopted the descriptive-analytical approach, through the analysis of the relevant texts in the Constitution of Iraq of 2005. In particular, the articles related to equality, rights and freedoms, and the analysis of some of the texts contained in international conventions, especially the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), in addition to the comparative approach by balancing these provisions with the established principles and rules of Islamic jurisprudence. The study concluded that the 2005 Iraqi Constitution laid down an important constitutional basis for the protection of women's rights, but the achievement of full constitutional protection still faces problems related to the multiplicity of legal references, especially the relationship between Article 2, which defines the status of Islam, Article 14 on equality, and Article 41 on personal status. The study concludes that achieving a constitutional balance does not require the exclusion of one of the references, but rather requires the adoption of an integrative constitutional interpretation that guarantees women's dignity and fundamental rights, and respects constitutional principles and Islamic references, taking into account Iraq's international obligations.