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Title: الحقوق الاجتماعية للمرأة في المواثيق الدولية وآليات حمايتها :دراسة مقارنة مع أحكام الشريعة الإسلامية والقانون السوري
Authors: رؤى خالد أطرش
Keywords: قانون
حقوق المراة
Issue Date: 2021
Publisher: جامعة إفريقيا العالمية
Citation: جامعـة إفـريقيـا العــالميـةـ عمادة الدراسة العليا والبحث العلم والنشر ـ كليـة الشريعة والقانون ـ قسم الشريعة
Abstract: This study came out about women rights and the protection mechanisms on the international and regional levels ،this rights includes national protection that is represented by domestic laws of countries، and the international protection represented by declarations and conventions in five chapters were divided into several studies besides results and recommendations ، the research was based on 230 references . The researcher showed in the introductory chapter ،reasons of choosing the subject and the problem of the research ، which is represented in spite of this declarations of the women right still affected to infraction ،indicating the importance of this research in a world that the women suffer of injustice and unfairness، so the chapter issued several problems and assumptions ،the research has contributed human thinking in comparison to previous similar studies . The second chapter includes 5 studies we took it through stages of women’s development throughout history starting with the Pharaohs، Greeks and pre-Islamic Arabs then Islam، and lastly women’s position after the emergence of international organization ، especially the UN. The third chapter includes three studies ، The researcher discussed the social rights in worldwide organization of human rights ، were the universal declaration of human rights has begun in the twenty century best texts indicates these rights ، because it treats all right in complete form ، it was not limited to civil and political right ،but it addressed social، economic and cultural right in addition to women right that has emereged as the biggest challenge in this field ،and The researcher also discussed the Elimination of All Forms of Discrimination against Women and other conventions، explaining the deficiencies that are represented in the texts of these charters related to consent to marriage and setting a minimum age for marriage. Moreover we also discussed in the same chapter the status of the women in Syrian law ، which was expanded after amending the personal status law ، in women protection area ، even though its insufficient texts to give her adequate protection ، for example leaving the assessment of the reasons for the permissibility of marriage below the legally specified age to the judger، which may leave The door open in front of the minors to marriage، which does not fulfill the purpose required of the text of the article concerned with setting a minimum age for marriage، but on the other hand، we find that the permanent constitution of the Syrian Arab Republic has guaranteed citizens full equality in rights and duties، without discrimination on the basis of sex. The fourth chapter also includes five studies ، The researcher explained the status of women social life in Islam ، so we showed how the Islam honored women before her birth ،as a kid ، wife and divorced mother ،with paying attention to her quality and the difference between females and males throughout Islamic law ، and we explained the concept gender equality ، with committing the difference between both. The fifth chapter falls into 3 studies The researcher explained the various mechanisms approved by international، regional، national and conventions، and showed the extent of their contribution to highlighting، achieving and protecting women's rights established in international covenants، and among these mechanisms are the Human Rights Council، delegated women committee ،according to CEDAW convention، and the committee of experts under the civil ، political convention، European commission and African commission of human rights. There is a huge part for organization in detection of violence of women ، and working for protect them. The researcher showed the mechanisms of protection in Syrian law starting from constitutional law and other national laws ،to the local judgment ، in addition to international convention which were approved by Syrian government . The research reached to massive results ، which are proceeding the Islamic law in committing women rights and equaling to men، knowing the difference between them، which caused in differentiating some of the law ، we indicated to the importance of Islamic view to the women in CEDAW convention . Also The researcher suggested some recommendations which are strengthening the national role to protect women rights ، taking care of rural women ، increasing the knowledge of these laws and giving her financial support . In the Islamic and Arabic level ، it must be importance of impressing herself throughout these mechanisms in Islamic world conference league of Arabian countries and supporting her in all of that.
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