Elements of Gender Justice Between Gender (Males and Females) in Criminal Law: (An Analytical Comparative Study)

Abstract

Gender justice, like any other idea, requires certain elements that help it achieve its philosophical purpose behind its embodiment in the criminal rule and ensure the legitimacy of the legal treatment of those addressed by it. To ensure the logic of the difference in treatment between the two sexes at the substantive and procedural level, there must be a basis for this difference based on mentally and legally reasonable reasons to be accepted by the intended group, The balance between the duties and rights of men and women in the criminal field may be based on the element of interest, the latter of which determines the wording and legal characterization of the rule, addressing one gender but not the other or both, or it may be based on the element of proportionality or the element of merit, or both.