lawyer explains that women must be involved in Syria's new constitution

Lawyer Rojin Abdulbaqi Khasho explained that enshrining women's rights in the constitution is not an issue concerning women alone; rather, it is a genuine measure of the state's commitment to the concepts of citizenship, justice, and equality.

She told ANHA's agency: “The constitution is the highest social contract regulating the relationship between the state and society. Any absence of women's rights within this contract signifies a fundamental flaw in the very concept of democracy.” She noted that a democratic state is not built solely through elections or political institutions, but is first founded on the principle of equality among all citizens without discrimination.

Rojin explained that explicitly and clearly stating women's rights in the constitution grants women the highest level of legal protection, which cannot be overridden or diminished through ordinary laws, personal interpretations, or varying religious and social interpretations.

She argued that neglecting women's rights solely to legal interpretations exposes them to change according to political, ideological, or social circumstances, whereas clear constitutional provisions make these rights permanent and binding upon all legislative, executive, and judicial authorities.

The lawyer emphasized that clear constitutional text prevents discrimination based on gender, restrictions on women's rights justified by social customs or traditions, the enactment of laws that undermine women's rights, and the use of legal interpretations to justify exclusion or violence.

She stated that any modern constitution seeking to establish a truly democratic state must regard women as full partners in the nation, not merely as a group in need of protection. She explained that the constitution can protect women when it explicitly affirms the principles of equality and non-discrimination and obliges the state to take concrete measures to combat violence in all its forms.

She said that constitutional protection is achieved through criminalizing gender-based discrimination, guaranteeing equality in employment, education, and political rights, obligating the state to protect women from domestic, societal, and political violence, and providing legal mechanisms for justice and protection.

To guarantee women's right to access justice without discrimination, Rojin stressed that the constitution must ensure the state's commitment to enacting laws specifically designed to protect women from domestic violence, forced marriage, child marriage, economic exploitation, harassment and cyber blackmail, and human trafficking.

Lawyer Rojin highlighted the most important rights that should be explicitly enshrined in the new Syrian constitution: full equality before the law, the right to political participation, the right to education and employment, protection from violence, personal status rights, and social and healthcare protections. She affirmed that any new constitution that does not clearly include these rights will remain incomplete and incapable of building a genuine state of citizenship.

She pointed out that the constitution plays a pivotal role in empowering women politically, saying: “Political participation is not achieved solely through individual desire; it requires a legal environment that guarantees equal opportunities. The constitution opens the door to women's representation in parliament and government, supports women's access to leadership positions, prevents gender-based political exclusion, and encourages political parties and institutions to involve women.”

Lawyer Rojin explained that the absence of constitutional guarantees leaves women in a state of legal and social vulnerability and makes their rights susceptible to political and social fluctuations. She noted that the lack of clear constitutional provisions sometimes allows social customs or narrow interpretations of the law to be used to restrict women's rights.

She stressed that it is impossible to speak of a true citizenship-based state if women do not enjoy full and equal rights, and that any infringement on women's rights results in incomplete citizenship, which contradicts the foundations of a modern democratic state.

Lawyer Rojin Khasho further emphasized that the absence of clear constitutional provisions could lead to serious legal and social risks, including the restriction of rights through subsequent legislation, weak judicial protection, the continuation of violence and discrimination, reduced participation of women in politics and employment, and the indirect legitimization of certain discriminatory practices.

She also highlighted the role of human rights and women's organizations, stating: “These institutions play a fundamental role in defending women's rights, especially during constitutional drafting processes and political transitions, by preparing studies and legal proposals, exerting pressure on political and legislative bodies, raising public awareness of women's rights, documenting violations against women, and organizing campaigns and civil initiatives.”

The Syrian lawyer Rojin Abdulbaqi Khasho concluded her remarks by emphasizing the need for legal professionals, activists, and women themselves to cooperate in forming a genuine force capable of ensuring women's presence as full partners in shaping Syria's future.

ANHA