Protection of Children’s Rights in the Iraqi Penal Code Asst. Lect. Raed Jawad Kazem

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The protection of children’s rights is considered one of the fundamental issues in modern criminal legislation, as childhood represents a crucial stage in building society. The Iraqi legislator has paid special attention to this group by incorporating provisions in the Iraqi Penal Code No. (111) of 1969 aimed at protecting children from various forms of abuse and exploitation, in line with general human rights principles and international conventions. First: The Concept of the Child and His/Her Rights A child is defined as every human being who has not reached the age of eighteen. Children’s rights include physical and psychological safety, the right to care, and protection from neglect, violence, and exploitation. These rights are guaranteed by the Iraqi Constitution and reinforced by criminal legislation. Second: Criminal Protection of the Child in the Iraqi Penal Code The Iraqi Penal Code establishes a set of provisions criminalizing acts that violate children’s rights, most notably: Criminalizing abuse and violence against children, with harsher penalties if the offender is a parent or someone exercising authority over the child. Criminalizing neglect and abandonment of a child in a manner that endangers his or her life or health. Criminalizing sexual or economic exploitation of children and imposing deterrent penalties on perpetrators. Protecting children from trafficking, exploitation in begging, and other practices that violate their human dignity. Third: The Specificity of Penal Policy Toward Crimes Against Children The Iraqi legislator has taken into account the special status of the child as a victim by imposing stricter penalties for crimes committed against children and considering young age as an aggravating circumstance. This approach aims to achieve both specific and general deterrence and to ensure effective protection. Conclusion It is evident that the Iraqi Penal Code provides significant criminal protection for children’s rights by criminalizing various acts that compromise their safety and dignity. Nevertheless, there remains a need to further develop legal provisions and strengthen their implementation in a manner consistent with international standards on children’s rights, in order to achieve comprehensive and effective protection for this vulnerable segment of society. Al-Mustaqbal University – the first university in Iraq.
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