The penal enforcement represents the means by which the State reconciles its disciplinary authority with its international and humanitarian obligations toward individuals—particularly women—whose suffering is characterized by biological and social specificities that necessitate a deconstruction of traditional concepts of legal equality.
In this context, the research raises a central question:
To what extent does the female identity, when coupled with motherhood, in the process of penal enforcement, require procedural and legislative modifications that reflect respect for such particularities, without infringing upon the principle of legal system unity?
Through a systematic comparison between Iraqi legislation and the laws of Egypt and the United Arab Emirates, the study highlights the necessity of recognizing positive discrimination as a corrective mechanism that enables women to transcend the limitations of uniform treatment, which lacks substantive justice.
Furthermore, the research unveils positive initiatives through specific legal provisions that reflect awareness of the female identity’s particularities in the context of penal enforcement, in accordance with certain standards.
It also emphasizes the guarantee of the fetus’s right in the context of capital punishment, in a manner that aligns with the principle of the personal nature of punishment and the rights of the child who has committed no crime.
The study concludes that amending certain procedural legislative texts and developing enforcement mechanisms to include clear safeguards would place Iraqi legislation among the ranks of progressive legal systems in this domain, and would strengthen Iraq’s standing in respecting human rights and its commitment to international standards, while preserving national criminal justice.