E/C.12/IRQ/CO/4
Right to social security
37.
The Committee regrets the absence of information provided by the State party on the
implementation of the right to social security. It notes with concern the delays in adopting
the draft workers’ pensions and social security act, as well as the increase in the number of
people dependent on social security benefits as a result of terrorist attacks, and the
inadequacy of pension amounts. It is further concerned at the different age of retirement for
women and men (art. 9).
38.
The Committee recommends that the State party accelerate the adoption of the
draft workers’ pensions and social security act, which should ensure that social
security benefits, including pensions, allow an adequate standard of living for
beneficiaries and their families, and the same retirement age for women and men. The
Committee further encourages the State party to consider establishing a social
protection floor, as the first step towards a comprehensive social security system, in
line with the ILO Social Protection Floors Recommendation No. 202 (2012) and the
Committee’s statement on social protection floors adopted on 6 March 2015
(E/C.12/2015/1), and to provide updated information in its next report.
Gender-based violence
39.
The Committee is concerned about the prevalence of gender-based violence in the
State party. While taking note of the existence of a domestic violence act, albeit only in the
Kurdistan region, and of the information provided by the delegation on the availability of
shelters in central and southern Iraq run by the Organization of Women’s Freedom in Iraq,
the Committee is concerned that shelters for victims of violence remain insufficient and
inadequately resourced, and that women victims of violence are very often unaware of the
location of such shelters and the procedures to follow in order to gain access to them. The
Committee is further concerned about the maintenance of the provision in the Penal Code
that entails exoneration of rapists should they marry the victim, as well as other provisions
that allow mitigated sentences for violent acts against girls and women committed under the
pretext of family honour. Moreover the Committee is concerned that women and girls freed
from the hands of ISIL receive very little support for their treatment and recovery, and may
be subject to tribal violence upon release (art. 10).
40.
The Committee recommends that the State party step up its efforts to combat
and deter all acts of violence. To this end, the Committee recommends that the State
party:
(a)
Effectively and diligently investigate all such acts, bring perpetrators to
justice, punish them if convicted and compensate victims;
(b)
Step up its efforts to provide support and assistance services to victims of
violence, including through the creation of well-resourced shelters in all regions of the
State party, and the empowering of civil society to continue providing shelters and
other related services, including awareness-raising and information campaigns;
(c)
Expedite the adoption of the draft law on domestic violence relevant to
central and southern Iraq, and effectively implement the national strategy on
combating violence against women;
(d)
Repeal provisions 128, 130, 131, 398 and 409, among others, of the Penal
Code, with a view to ensuring zero tolerance of gender-based violence;
(e)
Redouble its efforts to protect all persons, particularly women and girls,
from attacks by ISIL and associated armed groups;
7