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Women and Justice in Syria: A Path to Reform

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Women and Justice in Syria: A Path to Reform
Posted By: Rabaa Al zreqat
Posted On: 2026-10-26T03:34:58Z

The judicial treatment of women and the impact of imprisonment and detention on women and their children are no longer merely subjects discussed in legal books and reports. They have become profound humanitarian issues closely linked to justice, dignity, and human rights. In Syria, a country that has endured fourteen years of war, displacement, loss, and suffering, these issues have taken on an even more painful dimension. Syrian women have found themselves at the heart of this tragedy, bearing psychological, social, and humanitarian burdens whose consequences have extended to their children, families, and society as a whole.


Under the former regime, prisons witnessed grave violations against women, including beatings, torture, humiliation, deprivation of basic rights, and various forms of cruel treatment. Some female detainees were also subjected to sexual violence, leaving psychological and physical scars that the passage of time may never erase. The consequences of these violations did not end when women were released from prison. Instead, they continued to affect their lives, their psychological and social well-being, and their ability to rebuild their lives and reclaim their dignity.


Yet the most painful aspect of this tragedy is that the consequences of detention were not confined to women themselves; they extended to their children and families. When a mother is detained, a family loses more than her daily presence. Children may also lose their sense of security and stability, facing psychological and social consequences that remain with them for many years. Some mothers endured pregnancy and childbirth behind bars under conditions that undermined the dignity of motherhood and the rights of the child. Meanwhile, other children grew up without knowing the fate of their mothers, while families spent years waiting anxiously for any news that might end the uncertainty surrounding their loved ones' disappearance.


Among the most heartbreaking stories in Syria is the case of Dr. Rania Al-Abbasi and her six children, which has come to symbolize the suffering of families affected by arrest, enforced disappearance, and the loss of loved ones. This case has brought fundamental humanitarian and legal questions to the forefront of our collective conscience: What was the fault of children who became victims of circumstances they never chose? What was the fault of a mother who was deprived of her children? And how can a society restore its confidence in justice when human lives remain beyond the protection of the law?


These questions are not merely expressions of pain; they are a clear call to reconsider the meaning of justice and its role in society. Justice that examines a case file without seeing the human being behind it, or that overlooks the child whose life may be profoundly affected by a parent's detention, remains incomplete. Protecting human dignity and safeguarding the rights of women and children must therefore be integral to the work of judicial institutions, rather than secondary considerations addressed only when necessary.


The Syrian experience has also demonstrated that the mere existence of courts and laws is insufficient to achieve justice unless accompanied by judicial independence and the subjection of all institutions to the rule of law. When judicial independence is absent and judicial institutions are deprived of the ability to hold those who violate rights accountable, individuals become more vulnerable to injustice, and the justice system loses its capacity to provide protection and redress.


Building a new Syria therefore requires more than enacting legislation and establishing institutions. It requires an independent and effective judicial system that guarantees equality before the law, safeguards human rights, and holds those responsible for violations accountable through fair legal procedures.


In this context, women's participation in the judiciary and in decision-making positions is of particular importance. Women who have experienced violence, detention, or the loss of family members should not be regarded merely as witnesses to suffering. They must be partners in shaping the policies and laws that prevent such suffering from recurring.


Involving women in the development of justice systems makes it possible to draw upon their experiences and understanding of the challenges facing women and children. It also contributes to building institutions that are more responsive to society's needs and better equipped to protect groups that may be vulnerable to discrimination or abuse.


This does not mean that justice is an issue concerning women alone. Achieving justice is a shared social and institutional responsibility. Nevertheless, ensuring women's meaningful representation in the judiciary and in decision-making positions is an essential step toward a more inclusive and equitable judicial system—one that recognizes women's specific needs, respects their dignity, and places the best interests of children at the heart of decisions affecting their lives.


The treatment of detained women must also take the circumstances of their children into account. Although imprisonment may constitute a lawful measure in cases permitted by law, it should not become an indirect punishment imposed on sons and daughters who bear no responsibility for the actions of their parents.


It is therefore essential to develop judicial and humanitarian policies that prioritize the best interests of the child, preserve family care wherever possible, and consider appropriate alternatives to detention when the nature of the case and the applicable legal safeguards allow. Psychological and social support must also be provided to affected children and mothers.


Building a human rights-based justice system also requires improving prison conditions, strengthening independent oversight, preventing torture and ill-treatment, ensuring that detained women have access to healthcare, psychological support, and legal assistance, and safeguarding their fundamental rights. Prisons must be institutions governed by law, oversight, and accountability—not places where rights are suspended or human dignity violated.


At this stage, cooperation with international institutions, including the United Nations Office on Drugs and Crime (UNODC), is particularly important in supporting the development of justice and prison systems and promoting policies that address the needs of women and children in accordance with international human rights standards.


However, institutional development, important as it may be, cannot achieve its objectives without a genuine transformation in the culture of justice. Preventing violations, holding perpetrators accountable, providing redress to victims, and rebuilding public trust in state institutions must become fundamental pillars of judicial practice.


A judge's responsibility does not end when a verdict is delivered. It begins with recognizing that behind every case file is a human being, behind every legal dispute is a family, and behind every detained woman there may be children whose lives and futures are shaped by decisions made within judicial institutions.


From this perspective, justice must be grounded in an understanding of the human and social dimensions of each case, without compromising judicial independence, legal safeguards, or the rights of all parties.


Syria, which has endured years of fear, pain, displacement, and deprivation, must now transform its painful experience into practical lessons that prevent violations from recurring. Building the future requires more than establishing institutions. It demands laws that protect people, safeguards that prevent injustice, effective mechanisms for accountability and redress, and a judiciary to which citizens can turn with confidence in search of protection and the restoration of their rights.


A clear message must reach Syrian women who have endured detention, mothers who have been separated from their children, and children who have been deprived of their mothers: their suffering must not be forgotten, their rights must not be lost, and securing justice for them is an inseparable part of building the Syria we aspire to create.


Remembering the past is not a call for revenge. It is a moral and legal responsibility aimed at establishing the truth, ensuring accountability, providing reparations to victims, and guaranteeing that such violations never happen again.


The justice we seek for Syria is one that people do not fear, but instead turn to for safety, protection, and redress. It is a justice system that protects women and children, upholds human dignity, guarantees equality before the law, and restores trust between citizens and the state.


Such justice can only be achieved through the participation of all segments of society and by ensuring that women have the opportunity to help shape a more humane and independent judicial future.


The time has come to transform the pages of suffering into laws that protect people, painful experiences into policies that prevent recurrence, and institutions of justice into a source of hope for every society seeking to recover from war and build peace.


Our message is clear: There can be no justice without dignity, no sustainable peace without accountability and redress, and no secure future unless women and children are at the heart of the justice system.


The free Syria we aspire to build is a Syria governed by the rule of law, where rights are safeguarded, human dignity is protected, and justice serves as the foundation for recovery, reconciliation, and peace.


This content is provided for informational or educational purposes only and should not be taken as legal advice. The IAWJ disclaims any warranties or guarantees regarding the accuracy, completeness, currentness, or suitability of the information provided. The opinions, beliefs, and viewpoints expressed in the post are solely those of the guest author and do not necessarily reflect the official policy or position of the IAWJ.