Researchers

Tahani Almalla

Published in

Al Baath University Journal, Legal Sciences Series, Volume 46, Issue 7, July 2024.

Abstract

Society cannot know stability and development, nor the preservation of rights or respect for freedoms, unless justice is enshrined, and injustice is prohibited and lifted. Because the most severe types of injustice were based on the violation of the inviolability of the human self, neglect of the human quality enjoyed by women, and make it a tool harnessed to serve men and take care of him, and because it is the responsibility of the state to achieve justice and lift injustice, and the tool used to achieve this is the penal legislation in general, and the "Penal Code" in particular, this study examined The extent to which the Syrian Penal Code achieves equality between men and women, with the aim of reaching a precise definition of the mechanism that should be followed to achieve equality in an optimal form, in case the current penal code proves unable or inadequate to achieve this in light of what the international conventions called for, and the Arab legislations have taken it into account. For this purpose, the analytical approach was adopted to extrapolate and interpret legal texts, monitor their positive points, the legislative gaps taken on them, and the comparative approach in some points. A number of results have been reached, including what is registered in favor of the Syrian Penal legislator, and what is taken into account in the field of equality between men and women. Therefore, it is necessary to reconsider some legal texts.

Key words: Equality, Penal code, Justice, Rights, Men, Women.

Link to full paper

https://albaath-univ.edu.sy/journal/index.php/Law/article/view/5557/2763