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The Federal Supreme Court issues a ruling regard the "women's quota" in the Council of Representatives

The Federal Supreme Court affirmed that the "women's quota" stipulated in the constitution was an exception from the principle of equality between Iraqis stipulated in the constitution, noting that it cannot be expanded.

The court's spokesman Ayas al-Samouk, stated "The Federal Supreme Court held a session headed by Judge Medehat Al-Mahmoud and the presence of all the member judges, and considered a lawsuit in which the plaintiff has litigate the Chairman of the Board of Commissioners on the Electoral Commission/ being in this post”.

 Al-Samouk added, "The plaintiff requested by her agent to grant her a seat under the (women's quota) in addition to the three seats occupied by women of Maysan governorate, which the number of seats allocated to this governorate was specified to nine seats, under the consideration that one of the three women had won by the votes she obtained, and the plaintiff considers that this does not counted within the (women's quota) ".

He continued, "The Federal Supreme Court depended on the legal post from which the plaintiff has started, as she has nominated in the 2018 Parliament elections for the Wisdom Movement in Maysan Governorate, and she obtained (1932) votes, her ranking among the women in the governorate was the fourth, therefore she did not win the seat she claiming."

 

He pointed out, “The Court clarified that the plaintiff challenged what was listed in the chart of distributing the seats of women / the second part of the seats distribution regulation number (12) of 2018, in order that the ceiling to remain open to increase the seats of women in case if they won by the votes they obtain, and to consider this outside (women's quota) ".

The spokesman stated, "The Court found that (the quota of women) was an exception from the principle of equality stipulated in article (14) of the Constitution, and that the legal rule determines that the exception not to be expanded, not to be measured with, and to be estimated by it case."

 He added, “The Federal Supreme Court confirmed that the exception listed in article (49/4th) of the Constitution, which formulated the system of distribution of seats No. (12) of 2018 in light of it, means the removal of a man who won by the votes he obtained in the membership of the Council of Representatives in the seat reserved for the governorate and to be replaced with a woman who did not win by the votes she obtained”.

 

 

And he continues, "The Federal Supreme Court mentioned that achieving the minimum percentage of women representation in the governorate that was targeted by article (49/4th) of the Constitution, which came as an exception from the provisions of article (14) of it, as it was previously provided that it is not permissible to sacrifice the votes of the voters who gave their votes to a man and in numbers more than what the woman to replace him got under the (women's quota)”.

 And he goes on to say, "The court considered that to be inconsistent with the will of the voter and the freedom of expression guaranteed by articles (20) and (38/1st) of the Constitution."

 

Al-Samouk concluded by saying, "The Federal Supreme Court found, based on the foregoing, that the plaintiff's lawsuit has no basis from the Constitution, as long as the percentage of women according to (quota) has been completed, therefore the court decided to reject the plaintiff's lawsuit."

 

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