الحماية الجزائية للأسرة في ظل التشريعات الفلسطينية والاتفاقيات الدولية ذات العلاقة
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Date
2024-02-19
Authors
تالا نضال نمر حرزالله
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Abstract
Abstract
This study aimed to demonstrate the criminal protection of family members in the Palestinian society, through research in a set of national legislative texts and the extent to which the legislator achieves this protection through the circle of criminalization and punishment. This study came after a wave of objections and protests in the Palestinian society that recently appeared and linked the draft Palestinian law to protect family members from violence to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Accordingly, the study was divided into two chapters. The first chapter examined a set of Palestinian legislations, headed by the Jordanian Penal Code No. (16) of 1960 applied in the West Bank, which includes the regulation of a set of crimes that affect a family member, and a set of other legislations such as the Palestinian Child Law and the decision-by-law for the protection of juveniles. As for the second chapter of the study, it was dedicated to discussing the (CEDAW) Convention and its contents of women's rights, with a statement of the most important repercussions that appeared after joining this convention in the Palestinian society in light of the non-registration of any reservations on any of its articles, and the extent of the relationship between this convention and the draft Palestinian law to protect family members from violence.
Therefore, the researcher concluded by presenting a set of results and recommendations by following the descriptive analytical approach. The results of this study showed that despite the fact that the Palestinian legal system contains a significant amount of texts and legislation that provide some protection for family members, we notice the existence of some shortcomings in its organization of some crimes, which it did not address specifically or within a unified legal framework, especially in light of the political division and the multiplicity of legislation applied in the Palestinian territories. The study also showed the need for the Palestinian society to have a special legislative organization for the family that works to provide the necessary protection for victims of domestic violence and the weak and marginalized groups in it.
The study also showed the extent of the compatibility of the (CEDAW) Convention with both Islamic law and internal Palestinian legislation, in many of the basic principles, such as their fight against discrimination and racism between the two sexes, and their demands for the most important special rights for women, while stating the most important differences between them, especially those that conflict with Islamic law, such as the provisions related to guardianship, custody, inheritance and other positions, which (CEDAW) called for complete and blind equality with men, while the provisions of Islamic law stipulated some differences that were legislated in favor of women and for the purpose of protecting them.
Keywords: Criminal protection, Family, Family members, CEDAW