Women's Rights in the Transitional Justice Process

Abstract

The necessity of adopting an effective mechanism for transitional justice in the Arab region becomes evident in light of the political changes resulting from revolutions or military coups that have taken place. This mechanism contributes to achieving the desired goal by involving all concerned parties, while taking into account the role of integrating gender throughout all stages of transitional justice, especially since women are significantly affected in times of war and conflict. The importance of this study lies in highlighting the mechanism of transitional justice as a fundamental guarantee for human rights. This study aims to demonstrate the international legal foundation for integrating women in all political, economic, and social areas when transitional justice mechanisms are adopted for the next phase of political changes in countries. The descriptive-analytical approach was adopted in this study by presenting the texts of relevant international agreements, along with the decisions of the Security Council regarding women, security, and peace. It also includes analyzing the mechanisms of transitional justice, both judicial and non-judicial, and the importance of integrating women's rights into its procedures. The study concluded that transitional justice is based on established international principles, including legal foundations that guarantee human rights, in addition to national principles that align with the characteristics of the societies implementing transitional justice, so that it fits the prevailing societal culture and meets the aspirations of these societies by establishing sustainable peace.