Parliament continues to be determined to preserve women's dignity and prevent cruelty to women

Mehr News Agency, guest note; Zohreh Sadat Lajevardi, Tehran's representative and member of the Presidency of the Social Commission of the Islamic Consultative Assembly: The Vice President of Women and Family in an interview on 1/4/11 announced the refund of the bill “Preserving dignity and protecting women against violence”, which is due to the widespread changes made to the bill by the Islamic Consultative Assembly, as well as failure to review it in the Special Committee on the Judiciary and the Judicial Commission. But the good news at the outset must be stated that the parliament will not abandon this important issue, and the news suggests that despite the government withdrawing its bill, the parliament is undergoing a legal plan to end oppression against all Iranian women, until the final approval and converting it into law.

It is not covered by none of the women and family activists that the supreme leader has emphasized the ugliness of the phenomenon of oppression, especially in the family environment and the need for legal treatment, and, on the other hand, consider the support of women within the family and do not consider “women” and “family” separately. Contrary to the Western view that shouts the rights of women and subsidized and suppressed the rights of the family. By mentioning this introduction, in this note we try to find the secret and hidden dimensions of the subject in the equity balance.

A record of the bill and delay in the post of different governments

It is known that the bill has been delayed for about 5 years! That is, it has not yet come to fruition since about 2-5 years old. The important and primary point is that it has been delay in the tenth, eleventh and twelfth governments for almost a decade; Finally, after various promises to the government and the failure to reach it, the eleventh parliament himself began in September 2009, and the delegates' plan, “Protecting, Dignity and Security for Violence”. Of course, about six months after the parliament unveiled its “plan”, the government finally submitted its “bill” to the parliament.

A “transcendent” look at the woman or the “feminist” look? That was the problem!

From the very first days, the whispering views of Western conventions, including the Istanbul Convention (adopted year 2) and even the document, were heard among experts; A reminder that was mentioned earlier in the language of the Supreme Leader of the Revolution: “In Islam, gender justice is that the woman is respected, not defined; The man does not give himself the right to force the woman or to act violent because of the stronger body than the woman and because This is justice. Laws must be created in the country; Of course, these laws (these) also follow. I have heard that they are regulating a bill, so the family issues and the use of violence against women; Both government officials and parliamentarians should be careful not to implement the same Western culture again, for example, assuming that if the girl interferes in the marriage of the girl, it is violence and that it means violence; No. What “what is violence and what is not violence” should not be taught from the West; From our own rational logic, our Islamic thought must be understood and understood. ” Although government officials have repeatedly mentioned the supreme leader's insistence on the need to prevent oppression of women, they do not give any explanation of the concern that was expressed by them in year 6! The concern and concern that the lack of care was in the context of the government's bill, and now that the government had not taken care of it, the parliament had to pay more care and care to review the bill.

The bugs of the bill and the need to make the necessary reforms

In any case, the “plan” of parliamentarians as well as the “bill” of the government in the Eleventh Majlis were widely discussed and even approved by the generalities; But given the large volume of plans and bills awaiting approval and that the Seventh Plan Act also had a great deal of time and power from the Eleventh Majlis, it was not possible to finalize the issue in the Eleventh Majlis. At the beginning of the twelfth Majlis, the matter was immediately on the agenda of the parliament, and numerous intensive sessions were held to finalize the provisions of the government bill and the reforms based on the opinions of the relevant experts at the Majlis Research Center as well as other executive agencies.

But the point was that in addition to the Western view of the woman's influence on women, the government's bill had many drawbacks due to its approval of it for about five years and its failure to be updated to the 14th government and sending the same old text of the year (which the twelfth government had presented to the House), had many drawbacks; For example, some of the provisions listed in the bill were practically provided by some of the provisions adopted in the Seventh Plan Act, and re -enacting it, except for inflation of the laws and the disruption of the legislative system, had no productivity, or, for example, many of the units. Another strange drawback of the bill was the formation of a wide and long task force to pursue these issues, similar to that of about two working groups and the almost imperfect Supreme Council in the country's administrative system, in addition to the “shrinking” policy of the government, which was emphasized in the general policies of the system and the seventh plan law. In fact, the repetition of the failed experience of the formation of these parallel institutions. Especially since there are currently similar institutions such as the National Women and Family Staff, which is not practically formed and not of little properties! These bugs made the changes that were necessary and necessary in the text of the bill.

The process of reviewing the bill with the presence of government representatives from different executive agencies

According to Article 5 of the Constitution, the general jurisdiction of the Islamic Consultative Assembly is owned; Although Article 5 of the Constitution recognizes the jurisdiction of the government for submitting the bill, it is ultimately the House of Representatives that the legislative jurisdiction and, at its discretion, can make the necessary changes in the context of the state bills in addition to presenting legal plans. The minimum adherence to the slogan of “consensus” in the fourteenth government is also to recognize the position and competence of the Majlis in this regard; Although the sessions of this issue have been in parliament with various experts with various approaches, especially government officials in various executive agencies, the vice president's deputy and family resort to some false excuses such as changing the name of the law (!) Or removing the material related to the definitions (!) Also, claiming to be not reviewed by the Majlis Judiciary and Legal Commission as the relevant specialized commission also indicates the lack of aristocracy in the provisions of the bill as well as the legal arrangements of bills in the Majlis; Explanation that the bill consisted of two general sections; One section of crimes and penalties and the other, the assignment of the devices in the field of prevention and support. Given this dual nature, part of the matter is related to the Social Commission of the Majlis and the other part to the Judicial and Legal Commission of the House. Identifying the specialized commission of the issue is within the jurisdiction of the House of Representatives, which, according to various dimensions, determine the relevant committees to review the provisions of the bill. The constant procedure of the Majlis has also been to determine a commission that has the most relevant to the provisions of the bill, as the “main” commission and identifies other related committees as the “sub -commission”, each having the independent review of the provisions of the bills and reporting to the House of Representatives. Interference in the appointment of the relevant commission clearly means interfering with the duties of the legislature and, in contrast to Article 4 of the Constitution, that the other is independent. Interestingly, the Judicial and Legal Committee of the House of Representatives has independently reviewed the bill in both the eleventh and the 12th Majlis. Even during the review of the bill in the Social Commission, the representative of the Judiciary and Legal Commission was present at the Social Commission in relevant meetings to observe the views of the Judiciary and Legal Commission. Therefore, failure to consider the issue in the Specialist Commission in parliament – that is, the Judicial and Legal Commission – does not seem to be justified.

The ultimate destiny of cruelty to woman?

The government's refund does not mean that the matter is eliminated or returned to the starting point! The Islamic Consultative Assembly may and must pursue the provisions of the necessary approval in this regard, based on its jurisdiction to submit legal plans; As in year 2, he did not wait for the government to submit a bill.

The good news that was initially mentioned, is that the parliament is currently seeking to pursue this issue through its legal competence, and it is hoped that the results of the work will soon be on the agenda of the Majlis and approved to see some of the cruelty that will affect the family's hot center. That day was the head of the head; God willing.