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الضوابط القانونية للتفتيش الجمركي للنساء: دراسة تطبيقية في ضوء المشروعية الإجرائية
Date Issued
2025
Author(s)
Ahmed Abdulla Almesmari
Abstract
Recent decades have witnessed significant developments in international trade and the movement of people, contributing to the increased importance of customs procedures, particularly the personal inspection of women at border crossings. Customs inspection is no longer merely a routine procedure; it is now linked to procedural legitimacy and the protection of fundamental rights, with a focus on women's privacy and dignity. National and international legislation has emphasized the need to respect legal controls during inspections, including the presence of qualified female personnel, adherence to the principles of proportionality and necessity, and compliance with international human rights standards. Some Arab countries face practical challenges, including a shortage of female personnel, poor training, and a lack of institutional oversight, which sometimes leads to irregularities or procedural delays. International experiences, such as those of Canada and the Netherlands, have demonstrated greater effectiveness due to strong institutional frameworks, ongoing training programs, and periodic judicial oversight. Previous studies have highlighted the need for integrated legislation, training, and oversight to ensure the protection of women during inspections and to achieve a balance between security and the protection of rights. The current study aims to analyze the legal and procedural controls for women's inspections, using a descriptive, analytical, and comparative approach, and an applied case study at a customs port. It seeks to identify challenges, compare national and international experiences, and provide recommendations for strengthening procedures, such as providing qualified female cadres, developing training and awareness programs, and aligning legislation with international standards. The findings demonstrate that a combination of strict legal texts, practical training, and continuous monitoring constitutes the basis for ensuring procedural legitimacy and protecting women's dignity during customs inspections.
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الضوابط القانونية للتفتيش الجمركي للنساء دراسة تطبيقية في ضوء المشروعية الإجرائية.pdf
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