Introduction
The protection of children’s rights is one of the fundamental issues in modern criminal legislation, as childhood represents a crucial stage in building society. The Iraqi legislator has given 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 any human being who has not attained the age of eighteen. Children’s rights include physical and psychological integrity, 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 that criminalize acts infringing upon children’s rights, most notably:
Criminalizing abuse and violence against children, with harsher penalties when the offender is a parent or a person exercising authority over the child.
Criminalizing neglect and abandonment of a child in a manner that endangers the child’s 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 Punitive Policy Toward Crimes Against Children
The Iraqi legislator has taken into account the particular vulnerability of children as victims by imposing stricter penalties for crimes committed against them and considering their young age as an aggravating circumstance. This approach serves both special and general deterrence and provides effective protection for children.
Conclusion
It is evident that the Iraqi Penal Code provides significant criminal protection for children’s rights by criminalizing various acts that threaten their safety and dignity. Nevertheless, there remains a need to further develop legal provisions and ensure their effective implementation in line 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