Women's Privacy during Inspection

Abstract

This research addresses the issue of respecting women's privacy during criminal proceedings, in which inspection is one of the most important procedural means that may affect women's rights and fundamental freedoms, given its direct infringement on women's right to dignity and privacy, derived from religious rulings, social customs and traditions. The statement of current study is to examine whether the procedural rules in the Iraqi Code of Criminal Procedure and investigations authorities respect women's privacy during inspection through criminal proceedings, either as an accused or  a victim.

The research seeks to identify legislative and practical shortcomings in respecting women's privacy and propose appropriate solutions to strike right balance between rights and women's dignity on the one hand, and the requirements of criminal investigation to protect society on the other. The study revealed the requirements for investigating authorities and judicial police officers to take into account the guarantees of women's human rights during an inspection. It also highlighted the need to elaborate relevant procedures in criminal legislation and ensure their respect in both text and daily practice when these authorities carry out their duties during criminal investigation.

The study which is divided into two sections, concluded a set of findings and recommendations regarding dealing with women during criminal investigation to provide guarantees by which right of privacy for women are properly protected in explicit legal texts.