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Political programme · State, sovereignty, justice and rights · Legislation and rights

Law against Domestic Violence and for the Protection of Women and Children

A comprehensive draft federal law on preventing violence within the family, urgent responses to danger, protection orders, safe centres, investigation and accountability, with special protection for children and integration of existing Iraqi institutions rather than the creation of parallel bodies.

Document type
Draft law
File number
02
Theme
State, sovereignty, justice and rights
Version
1.0
Last updated
4 October 2026
Status
Published full version — legislative proposal

Legislative summary

The proposal proceeds from Article (29/Fourth) of the Constitution, which prohibits violence and abuse in the family, school and society. It addresses a gap that remains in federal Iraq as of autumn 2026: no comprehensive federal domestic violence law is in force, while the general Penal Code continues to apply and the Family and Child Protection Directorate and its divisions operate within a limited institutional framework. In 2024, the Supreme Judicial Council recorded 17,780 domestic violence cases disposed of by the country’s courts, involving men, women, older people and children.

The proposal addresses eight principal problems: unclear definitions; difficulty accessing protection divisions; slow emergency protection; reconciliation taking priority over safety in some practices and previous drafts; insufficient legally established and funded accommodation; weak coordination between police, healthcare and social services; inconsistent data; and remaining Penal Code provisions that allow interpretations of “discipline” or “honour” that weaken protection.

Document contents

Table of contents

  1. 1. Legal and factual baseline
  2. 2. Full draft law
  3. Part One — General provisions and definitions
  4. Part Two — Forms of violence and substantive scope of protection
  5. Part Three — Institutional protection system
  6. Part Four — Reporting, urgent response and risk management
  7. Part Five — Protection orders
  8. Part Six — Safe centres, services and recovery
  9. Part Seven — Investigation, trial, evidence and redress
  10. Part Eight — Offences, penalties and liability
  11. Part Nine — Legislative amendments and related provisions
  12. Part Ten — Funding, data, implementation and entry into force
  13. Statement of reasons
  14. Explanatory memorandum and legislative policies
  15. Implementation plan and performance indicators
  16. Risks and safeguards
  17. Costing and funding methodology
  18. References and sources

1. Legal and factual baseline

The Iraqi Constitution expressly protects the family, motherhood, childhood and older age, and prohibits violence and abuse within the family. Nevertheless, in May 2025 the Ministry of Justice confirmed that the domestic violence legislation remained a “draft law”; in September 2026, official bodies discussed sending it back to the competent authorities in preparation for adoption. This document therefore rests on a clear legal premise: As of the research cutoff on 4 October 2026, no comprehensive federal law in force closes this gap.

Current practice includes a Directorate for the Protection of the Family and Child from Domestic Violence within the Ministry of Interior, specialised divisions, reporting hotlines, and judicial and social interventions. Yet judicial reports themselves identify limited geographical coverage and resources, difficult access in remote districts, shortages of shelters and data, and pressure for reconciliation and social intervention in some cases. Meanwhile, the Ministry of Labour and Social Affairs established 44 central and subsidiary child welfare units in 2024, an infrastructure that should be used rather than duplicated.

Statistically, the Supreme Judicial Council reported that courts disposed of 17,780 domestic violence cases during 2024. The national MICS6 survey of 2018—the most recent clearly published, broadly representative survey on this issue among the sources used here—found that 80.9% of children aged 1–14 had experienced some form of violent discipline during the month preceding the survey, and 30.8% had experienced severe physical punishment. These figures are not treated as a current measurement for 2026, but as an older baseline demonstrating the need for a more recent survey.

Statement of reasons

This Law is enacted to fulfil the constitutional obligation to prevent all forms of violence and abuse in the family and protect motherhood, childhood and older people; address the legislative gap in federal Iraq and the fragmented response across the Penal Code, general procedures and administrative practices; ensure victims’ access to prompt protection, services and justice without reconciliation or social customs replacing safety and accountability; regulate protection orders, safe centres, reporting, investigation, data and funding; and remove legal provisions that allow violence to be justified as discipline or so-called honour.

Explanatory memorandum and legislative policies

A. Why is the 2020 draft insufficient?

The official draft circulated in 2020 contained important elements, including a protection order within 24 hours lasting 30 days, safe centres in governorates and possible weapons seizure. However, it retained reconciliation at the heart of the process, allowed contact for settlement purposes and linked some procedures to arrangements that could delay protection. Official and international criticism before and after it also highlighted unclear forms of violence, inadequate accommodation, reporting difficulties and failure to address Penal Code gaps.

IssuePrevious/current approachApproach in this proposal
DefinitionGeneral definition of harm within the family.Separate definitions of physical, psychological, economic and sexual violence, coercive control and digital violence, with thresholds preventing uncontrolled expansion.
InstitutionsA tendency in some versions to establish new offices or committees with overlapping powers.Use of the existing Family Protection Directorate, child welfare units, Ministry of Health, legal aid and judicial specialisation; only a coordinating committee at national level.
Urgent protectionAn order within 24 hours, without an invariably clear distinction between emergency and longer-term measures.An emergency order within 12 hours for 7 days, followed by a regular 30-day order renewable up to 6 months and exceptionally one year.
ReconciliationReferral for reconciliation and possible termination of proceedings upon settlement.No compulsory reconciliation; no settlement contact without the victim’s wishes and risk assessment; no effect on prosecution of an offence where the law does not permit it to be dropped.
AccommodationSafe centres with legal and practical restrictions on admission and non-governmental management.An independent right to voluntary adult accommodation; a 24/7 pathway; express licensing of non-governmental centres; standards, budgets and inspection.
Penal CodeContinued application of Articles 41/1, 409 and others.Amendments invalidating discipline as a justification for beating, abolishing special treatment of “honour” offences and removing subsequent marriage as a bar to accountability.
DataInconsistent classifications and difficult comparisons.A unified data system, defined indicators and an anonymised annual report.
TechnologyDigital violence and synthetic fabrication were not central concerns.Evidence-preservation, no-contact and publication-prohibition orders, and a definition of technology-facilitated violence that protects freedom of expression.

B. The Law’s philosophy: protecting the family by protecting the individual

The proposal does not presume that every family disagreement is criminal or that every complaint warrants removal or detention. It establishes thresholds for harm, coercion and repetition and gives the judge graduated powers. At the same time, it rejects family privacy as a reason to prevent state intervention where violence or danger exists. It thus combines family protection, individual rights, safeguards for the accused and the child’s interests.

C. Protection does not mean detaining the victim

A central legislative choice is to make accommodation an optional service for adults with full legal capacity, rather than “protective custody”. Danger is addressed by removing the abuser or restricting contact where necessary, not by depriving the person needing protection of liberty. Children and persons lacking legal capacity have separate judicial safeguards.

D. Integrating existing structures

Rather than establishing an expensive, duplicative independent authority, the proposal places the operational centre of gravity in the Ministry of Interior’s Family and Child Protection Directorate; social support and accommodation in the Ministry of Labour and Social Affairs and child welfare units; healthcare in the Ministry of Health; judicial functions in the Supreme Judicial Council; and legal assistance under its existing law. The National Committee coordinates these institutions rather than replacing them.

E. Balancing rapid protection with defence safeguards

An emergency order is a short preventive measure that may be issued without the respondent present where danger is imminent. It is immediately reviewable and is not a conviction. Longer restrictions require the parties to be heard and evidence reviewed. An appeal does not automatically stay execution, which could undermine protection, but the court retains review powers.

F. Women and children without excluding other family members

The file’s policy title focuses on women and children because of their particular risks. The legal text nevertheless protects every family member, including men, older people and persons with disabilities. This accords with equality before the law and avoids leaving a category without a legal remedy, while retaining procedures responsive to actual differences in risk.

G. Interaction with the Personal Status Law and the 2025 amendment

This proposal does not rewrite the personal status system. Its function is to prevent any family-law provision from compelling a victim to return to a dangerous home or contact a person subject to a protection order. Before legislative referral, the final drafting requires specialist review of the effects of Law No. (1) of 2025 and the subsequently published Code of Sharia Provisions, to avoid procedural conflicts concerning custody, maintenance or residence.

H. The Kurdistan Region

The Kurdistan Region has Domestic Violence Law No. (8) of 2011. The proposal therefore does not assume that its federal implementing mechanisms repeal regional legislation. Article (10) adopts a cautious constitutional rule: respect the division of powers and apply wider protection where the Constitution permits. This point requires specialist Iraqi constitutional advice before formal advancement.

Implementation plan and performance indicators

StageCritical actionsLead authority
0–30 daysAppoint the National Committee; communicate basic rights; inventory family protection divisions, safe centres, hotlines and duty judges.General Secretariat of the Council of Ministers + competent ministries
31–90 daysRisk assessment form; referral protocol; protection order register; licensing instructions; training plan; judicial duty mechanism.Interior + Labour + Health + Judiciary
3–6 monthsOperate a 24/7 accommodation pathway in every governorate; train the first cohort; connect child welfare units; begin standardised data collection.Labour and Social Affairs + Interior
6–18 monthsExpand access points; accredit non-governmental centres; improve mental healthcare and legal assistance; issue the first national report.National Committee
18–36 monthsCover all districts; conduct an independent evaluation; address legislative and institutional bottlenecks; secure multi-year funding.Council of Ministers + Council of Representatives, according to their powers

Proposed performance indicators

IndicatorOperational targetMeasurement note
High-risk protection applications receiving an initial decision within 12 hours90% by the end of the second yearMeasured from receipt by the duty judge, not from the incident date.
High-risk cases assessed using a standardised tool95% by the end of the second yearThe form must not become a prerequisite for registering a complaint.
Governorates with an operational 24/7 accommodation pathway100% within 6 months through transitional arrangements, followed by standard facilities within 18 monthsMeasured by actual capacity, not the existence of an administrative decision.
Districts with a specialised access point or accredited personnel100% within 36 monthsIntegration within an existing police station is permitted.
Victims offered information on legal assistance and services within 24 hours90% by the end of the second yearOffering a service does not require the victim to use it.
Breaches of protection ordersAnnual reduction after establishing a baseline in the first yearNo arbitrary figure before the baseline exists.
Repeated violence after the first reportAnnual reduction measured through a standardised follow-up sampleAn outcome indicator more important than the number of meetings or training courses.
Complaints of mistreatment of victims by responding authoritiesAnnual publication of complaint rates and investigation outcomesAn initial increase in complaints may reflect a better grievance mechanism.

Risks and safeguards

RiskEffectProposed safeguard
Turning every family dispute into a criminal caseCase inflation and loss of trustClear thresholds for psychological and economic violence, graduated penalties, and separation of protection from conviction.
Malicious reportsDamage to reputation and rightsPresumption of innocence, judicial review, and punishment only for deliberate fabrication without criminalising good-faith reporting.
Tribal and family pressureWithdrawal of complaints and return of the victim to dangerCriminalising coercion and retaliation, without halting public prosecution where the law does not permit it.
Disclosure of a shelter’s locationRisk to lifeConfidential classification, disclosure penalties, security standards and separate data.
Institutional overlapConflict or delayNo parallel police or protection authority; only a coordinating committee and a single referral protocol.
Weak rural capacityUnequal protectionProhibiting local refusal of reports and a plan to reach every district within 36 months.
Excessive restrictions on the respondentInterference with rights without a judgmentShort orders, proportionality, reasons, appeal and review, and no treatment of a protection order as a conviction.
Nominal shelter fundingCentres unable to operateA budget item, quality-based service contracts, financial audit, and measurement of occupancy and actual capacity.
Conflict with personal status rules or regional powersConstitutional challenge or conflicting decisionsNon-diminution wording, no final determination of custody/maintenance, and constitutional review before referral.

Costing and funding methodology

The public sources verifiable as of this version do not provide a recent, integrated database of the costs of family protection divisions, existing centres’ capacity, safe-bed costs, judicial duty arrangements or the hotline that would support a single responsible financial figure. The document therefore does not present an indefensible political number.

The first ninety-day stage requires preparation of a Costed Implementation Plan based on an inventory of existing assets, separating capital from operating expenditure and calculating three scenarios: a minimum based on expanding existing provision; a full national standard; and rapid expansion in governorates facing the greatest demand.

Cost itemUnit of measurementRequired data source
Family protection access pointsSetup and annual operating cost per pointMinistry of Interior
Safe centresCost per available bed + cost per resident/nightMinistry of Labour and Social Affairs
Specialist staffNumber of posts × annual costMinistries and the Service Council
Judicial duty arrangementsGovernorate/month and 24/7 coverageSupreme Judicial Council
Healthcare and forensic medicineCase examined/service packageMinistry of Health
Hotline and platformCall centre + concurrent user + information securityInterior/Communications, according to the design
Data systemDevelopment + hosting + security + annual supportNational Committee and digital authorities
TrainingAccredited trainee/yearEach sectoral authority
Grants to non-governmental centresAvailable bed/completed serviceMinistry of Labour
Independent evaluationEvaluation cycle every 2–3 yearsMinistry of Planning/National Committee

References and sources

Research cutoff: 4 October 2026. Iraqi official and original sources were prioritised whenever available.

  1. Constitution of the Republic of Iraq, 2005 — Council of RepresentativesConstitutional basis, particularly Articles 14, 15, 29 and 30.
  2. Ministry of Justice — Draft domestic violence law among legislative proposals, 16 May 2025Confirmation that it remained a proposal and had not become an enacted law by that date.
  3. National Iraqi News Agency (NINA) — Meeting on resubmitting the draft domestic violence protection law, 8 September 2026Latest available indication of continuing steps to reintroduce the proposal in 2026.
  4. NINA — Text of the draft domestic violence law submitted by the Presidency, 4 August 2020Reference for comparison with the 2020 proposal’s structure, protection orders, reconciliation and safe centres.
  5. Supreme Judicial Council — Accountability for domestic violence to promote justice and non-discriminationAnalysis of implementation gaps: Article 41/1, family protection divisions, reporting, shelters, social pressure and data.
  6. Supreme Judicial Council — Drugs and domestic violence among the leading cases in 202417,780 domestic violence cases disposed of by courts in 2024, involving men, women, older people and children.
  7. Supreme Judicial Council — Exercise of a right: an exception from punishmentText and application concerning Article 41 of the Penal Code and discipline of wives and children.
  8. Ministry of Justice — Legal Assistance Law No. (7) of 2024Reference for integrating victim services into the existing legal assistance system.
  9. Ministry of Justice — Iraqi Gazette No. 4814, Law No. (1) of 2025 amending the Personal Status LawUpdate to the family and personal status legal framework.
  10. CEDAW Committee — Concluding observations on Iraq’s eighth periodic report, CEDAW/C/IRQ/CO/8/Rev.1, 2026Recent observations on the absence of a comprehensive law, shelters, Articles 41/1, 398 and 409, and technology-facilitated violence.
  11. UNICEF Iraq — MICS6 2018 BriefingNationally representative survey including indicators of violent discipline of children.
  12. UNICEF Iraq — Launch of 44 central and subsidiary child welfare units, 13 July 2024Reference for integrating the existing child protection infrastructure rather than establishing a parallel body.
  13. Kurdistan Regional Government — Act No. 8 of 2011, Combating Domestic ViolenceReference for the law in force in the Kurdistan Region and constitutional powers.
  14. Human Rights Watch — Commentary on the Draft Law on Anti-Domestic Violence in Iraq, 2017Critical comparative reference on the draft law, particularly definitions, reconciliation, protection, police, shelters and evidence.

Version 1.0 · File 02 · Last updated 4 October 2026.

Arabic original published: 2026-10-04 · English translation published: 2026-10-11 · Arabic original

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