Introduction<br /><br />The child represents the most vulnerable link in society, being the most exposed to violence within the family environment that is supposed to serve as the primary source of protection and care. With the growing global awareness of children’s rights, the need for effective criminal legislation to protect them from all forms of domestic violence has become evident. In this context, Iraqi laws attempt to provide such protection; however, when compared with international legislation, challenges emerge that highlight the need for reform and development.<br /><br />I. Conceptual Framework of Domestic Violence Against Children<br /><br />Domestic violence is defined as any physical, psychological, verbal, or neglectful behavior perpetrated by a family member against a child, resulting in physical or psychological harm, or violating the child’s dignity and humanity.<br /> • Main forms of violence: physical violence, psychological violence, sexual abuse, and neglect.<br /> • Effects: behavioral disorders, developmental and cognitive delays, poor educational performance, as well as long-term consequences that may lead to delinquency or psychological disorders.<br /><br />II. Criminal Protection of the Child in Iraqi Legislation<br /> • The Iraqi Penal Code No. 111 of 1969: includes general provisions criminalizing assault, battery, and neglect, but lacks explicit articles specialized in addressing “domestic violence.”<br /> • The Juvenile Welfare Law No. 76 of 1983: focuses more on the care of juvenile offenders than on protecting the child as a victim.<br /> • Absence of a specific law on domestic violence: despite the existence of draft bills, Iraqi legislation still lacks a comprehensive domestic violence law, which reduces the effectiveness of judicial and criminal responses in protecting children.<br /><br />III. Criminal Protection of the Child in International Comparative Legislations<br /> • The Convention on the Rights of the Child (1989): affirms the child’s right to protection from all forms of violence, abuse, or exploitation, whether within or outside the family.<br /> • Comparative legislations:<br /> • In Egypt, Law No. 126 of 2008 strengthened penalties against those who abuse children, while also establishing preventive protection mechanisms.<br /> • In France, child protection law is among the most comprehensive, explicitly addressing domestic violence and granting social and judicial authorities the power to intervene directly.<br /> • In Canada, child protection laws emphasize early preventive intervention, coupled with strict criminal sanctions against perpetrators of domestic violence.<br /><br />IV. Challenges and Opportunities in Iraq<br /> • Challenges:<br /> 1. Lack of specialized legal provisions.<br /> 2. Difficulty in proving domestic violence cases due to the private nature of family relationships.<br /> 3. Societal culture that normalizes certain forms of violence as a means of “discipline.”<br /> • Opportunities:<br /> 1. Benefiting from the experiences of comparative legislations.<br /> 2. Harmonizing national laws with the Convention on the Rights of the Child.<br /> 3. Establishing preventive protection mechanisms (hotlines, shelters, specialized judicial and medical training).<br /><br />Conclusion<br /><br />Criminal protection of the child from domestic violence remains an ongoing challenge in Iraq, as current provisions criminalize general assault without comprehensively addressing domestic violence as a distinct phenomenon. There is a pressing need to adopt a specific law modeled after international legislations, balancing criminal deterrence with preventive measures. Such reforms would guarantee the child’s right to a safe family environment free of violence and strengthen the protection of human rights in Iraqi society.<br /><br /><br /><br /><br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>