Legal Responsibility of Educational Institutions for Student Safety(M.M. Fatima Abbas Barhi)

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Educational institutions are among the most important pillars that shape society and influence the upbringing of future generations. Therefore, they bear a significant responsibility to ensure the safety of students and protect them from any harm or danger within school or university premises. This responsibility is not merely an ethical duty; it is a legal obligation defined by Iraqi laws to safeguard students’ rights and safety. Article 7 of the Iraqi Higher Education Law No. 45 of 2005 states: "The university is responsible for providing a safe educational environment for students, including buildings, facilities, and academic activities." This principle is reinforced by Article 5 of the Iraqi Child Protection Law No. 21 of 2012, which provides: "The child has the right to protection of their body and psyche from any form of harm or neglect, including within educational institutions." Legal responsibility is also outlined in the Student Discipline Instructions issued by the Iraqi Ministry of Education (Articles 3 and 4), whichh define the duties of educational institutions in preventing bullying, violence, and accidents resulting from negligence. For example, schools must monitor playgrounds and sports halls, ensure the safety of equipment, and organize educational activities and field trips In a way that guarantees the physical and psychological safety of students. Furthermore, Articles 340 and 341 of the Iraqi Penal Code No. 111 of 1969 stipulate: "Anyone who causes bodily or psychological harm to another due to negligence or carelessness shall be punished, including educational institutions in cases of failing to take necessary preventive measures." This highlights the Iraqi law’s focus on prevention before punishment, making it a legally binding responsibility for educational institutions. These laws and regulations together form a comprehensive protection network for students, combining the protection of the body, mind, and educational rights. Implementing these laws is a shared responsibility among school or university administrations, teachers, and parents, ensuring a safe and motivating educational environment, free from physical or psychological threats. Compliance with Iraqi laws and internal institutional regulations is not only a legal obligation but also reflects society’s commitment to its children, ensuring a safe and sound upbringing that cultivates a knowledgeable and competent generation. Therefore, all educational institutions must prioritize developing safety policies, continuously training their staff, and implementing preventive measures that effectively safeguard students. Al-Mustaqbal University – the first university in Iraq.
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