Ali Zuweid's Political Programme
Proposed legislation · Health, social protection and family
Child Rights and Integrated Child Protection Law
A comprehensive federal framework securing every under-eighteen's rights and replacing fragmented responses with unified prevention, reporting, case management, alternative care and oversight, expressly addressing violence, exploitation, early marriage, child labour, digital environments and conflict.
Executive summary
Iraq constitutionally protects families, motherhood and childhood. It has been party to the Convention on the Rights of the Child since 1994 and its Optional Protocols on armed-conflict involvement and sale/exploitation since 2008. It also has a Child Welfare Authority, national policy, data platform and institutions across Labour, Health, Education, Justice and Interior. Protection nevertheless remains scattered across old and specialised laws; the Child Protection Bill first read in Parliament on 6 November 2022 has not become effective law.
In 2026, government resumed drafting through an official joint committee. The appropriate legislative course is therefore to develop one comprehensive federal law rather than parallel legislation. This document supplies a complete model: a unified under-eighteen definition, binding best-interests, participation and non-discrimination rules, identity, health, education and family rights, and protection starting with prevention and family support and extending where necessary to judicial orders and reviewable alternative care.
No independent new bureaucracy is created. The existing Child Welfare Authority is reorganised, with an executive arm, local multidisciplinary units and national case management. Protection is distinguished from juvenile justice under a separate legislative file, and coordinated with health, disability, labour, trafficking and personal-status laws.
Two substantive reforms are proposed: a uniform ban on marriage under eighteen and ending treatment of violence against children as lawful discipline under Penal Code Article (41), paragraph (1). Explicit harmonisation with the Personal Status Law amended in 2025, the Jaafari Sharia Rulings Code and Penal Code is necessary for effective rights rather than declarations alone.
Contents
- Constitutional and legal context
- Legislative gap
- Proposed legislative policy
- Draft law Articles 1–92
- Explanatory reasons
- Explanatory memorandum
- Harmonisation with existing legislation
- Transition and implementation requirements
- Financial and implementation impact
- Safeguards and oversight
- International and comparative references
- Sources and references
Constitutional and legal context
Constitutional Article (29) establishes the family as society's foundation, guarantees motherhood, childhood, old-age and youth protection and prohibits children's economic exploitation and all family, school and community violence and abuse. Article (30) adds social/health security and dignified living; equality, dignity, privacy, education and health are also protected. These provisions support federal minimum child-rights and protection legislation respecting constitutional competence allocation.
Iraq acceded to the Convention on the Rights of the Child in 1994 and the Optional Protocols on armed-conflict involvement and sale/sexual exploitation in 2008. ILO Conventions No. (138) on minimum age and No. (182) on the worst forms of child labour are also in force for Iraq. The proposal translates existing obligations into enforceable procedures, institutions and safeguards.
The Child Welfare Authority has operated for decades; national child-protection policy and a national child-data platform have been launched. Its founding decisions predate the 2005 Constitution, supporting institutional updating rather than a parallel council. Government drafting initiatives in 2026 confirm the gap persists at this document's date.
Legislative gap
The core problem is fragmentation across juvenile welfare, penal, labour, anti-trafficking, health, education, disability, social-welfare and personal-status laws, with differing concepts, procedures and authorities. Child victims move between institutions without one case manager or shared protection plan; alternative care, reports, institutional oversight and data remain unevenly regulated.
Some conflicts require legislation, not instructions. Penal Code Article (41/1) still treats parental/teacher discipline as exercise of a right within religious, legal or customary limits. Personal Status Amendment Law No. (1) of 2025 introduced choice of Jaafari family rules, followed by the annexed code in 2025. Uniform protection from early marriage therefore requires explicit amendment of family provisions permitting different outcomes.
Children in conflict with the law differ from victims or at-risk children. Protection is separated from juvenile criminal justice; ‘homeless’ or ‘at risk’ labels shall not become alternative detention/punishment routes. Comprehensive juvenile-law reform remains in POL-78.
Proposed legislative policy
- Rights and protection, not a parallel penal code: Define rights, obligations and institutions while leaving existing offences to penal, trafficking and labour law, with targeted amendments for direct gaps.
- Strengthen existing institutions: Reorganise the Child Welfare Authority, adding an executive directorate and local units rather than an unnecessary independent authority.
- Prevention before separation: Support families and address poverty/services first; separate only where risks cannot be managed less restrictively.
- Family before institutional care: Safe relatives and alternative families precede shelters, with periodic review and exit plans.
- One case-management system: One manager, written plan and shared referral routes reduce repeat interviews and fragmented responsibility.
- Clear national childhood threshold: Eighteen uniformly governs rights, protection and marriage; minimum employment remains fifteen under labour-law conditions, with hazardous work prohibited until eighteen.
- Proportionate digital protection: Privacy, safe design and exploitation reporting without comprehensive communications surveillance.
Draft law
In the name of the people
Presidency of the Republic
On the basis of enactment by the Council of Representatives under Article (61), First, and Article (73), Third, of the Constitution, the following Law is proposed:
Child Rights and Integrated Child Protection Law
Chapter One — General provisions and principles
Article (1) — Definitions
- For this Law, the following expressions mean: Child: every person under eighteen; Best interests of the child: the primary consideration in decisions affecting children, weighing rights, safety, identity, family ties, views and short- and long-term effects; Integrated protection: prevention, detection, reporting, assessment, support, protection, rehabilitation, reintegration and follow-up systems; Caregiver: parent, legal guardian, custodian or any person legally or actually entrusted with care; Violence: acts or omissions causing or likely to cause physical, psychological or sexual harm, neglect, exploitation or degrading treatment; Case management: organised professional assessment of needs and risks and preparation and monitoring of protection plans; Alternative care: legally authorised care outside parental care for children temporarily or permanently deprived of family environments; Unit: the child-protection unit established herein in a governorate, district or competent institution as context requires.
- Undefined terms shall be interpreted consistently with the Constitution, international conventions effective for Iraq and relevant legislation.
Article (2) — Objectives
- Make children's rights enforceable and best interests binding on administrative, judicial and professional decisions.
- Create unified national prevention, early detection and response to violence, neglect and exploitation, with multidisciplinary case management and clear referrals.
- Support safe, supportive family life, prevent unnecessary separation and develop family-based alternatives when necessary.
- Unify minimum safeguards in education, health, social care, work, sport, religious/cultural/digital institutions and residential facilities.
- Define responsibilities, data rules, oversight, complaints, finance and federal/Kurdistan/governorate coordination within constitutional competences.
Article (3) — Scope
- All children within Iraq are protected regardless of nationality, civil status, family situation or documents, without prejudice to higher special-law safeguards.
- Public, private, civil-society bodies and caregivers/service providers are bound, including educational, health, sporting, cultural, religious, residential and child-directed digital services within Iraqi jurisdiction.
- These provisions do not replace juvenile-justice procedures for accused/convicted children; they govern general rights, child victims/witnesses and non-criminal protection.
Article (4) — Governing principles
- Measures rest on four linked principles: non-discrimination, best interests, life/survival/development and respect for views according to age and maturity.
- Evolving capacities shall be respected and information/support provided; young age shall not excuse exclusion from affecting decisions.
- Doubts concerning protection shall favour dignity and safety without disregarding parental rights or others' legal safeguards.
Article (5) — Non-discrimination
- Discrimination is prohibited by sex, colour, origin, nationality, ethnicity, language, religion, sect, belief, opinion, economic/social circumstances, birthplace, disability, health, parentage, family status, displacement, refuge, missing documentation or any other ground.
- Reasonable accommodation and temporary positive measures shall ensure equal service, justice and protection access for children facing greatest risks.
Article (6) — Best interests and reasons
- Best interests shall be primary in individual decisions, policy, budgets and legislation affecting children.
- Material individual decisions require reviewable records explaining assessed factors, children's views, less intrusive alternatives and reasons for the chosen measure.
- Best interests shall not justify unlawful discrimination, violence, separation or deprivation of liberty.
Article (7) — Hearing and participation
- Children capable of forming views may freely express them on affecting matters, weighted by age and maturity without fixed hearing-age thresholds.
- Age-, language- and disability-appropriate procedures shall be available, including independent support persons where necessary.
- Good-faith expression, complaints or protection requests shall not attract punishment or service denial.
Article (8) — Parent, family and state duties
- Parents or substitutes hold primary upbringing/care responsibility, with state support for safe family environments.
- Where safely manageable, public bodies shall provide preventive, social, economic and psychological support before separation.
- Poverty alone shall not justify removal or institutional placement; social protection and family support shall address it.
Article (9) — Privacy and identity confidentiality
- Children's privacy, data, images, correspondence and health/social/judicial information shall be protected and disclosed only lawfully for legitimate purposes to the minimum necessary extent.
- Identifying names, images or data of victims, witnesses, children under protection or in family disputes shall not be published except through reasoned judicial approval where best interests are clear and no risk arises.
- Protected-record confidentiality continues into adulthood.
Chapter Two — Fundamental rights
Article (10) — Life, survival and development
- The state shall protect physical, mental, psychological and social development and take reasonable measures against preventable death and harm.
- Health/social planning shall prioritise maternity, safe birth, immunisation, nutrition, early detection, disability, mental health, accidents and injuries.
Article (11) — Names, birth registration and documents
- Every child shall be promptly registered at birth with a lawful name and civil identity. Delayed registration or lost documents shall not deny life-saving healthcare or basic education.
- Simplified free/low-cost late registration and replacement documents shall include special procedures for unknown-parentage, unaccompanied, displaced or conflict-returnee children.
- Necessary registration data shall be shared under protection, anti-exploitation and anti-stigma safeguards.
Article (12) — Nationality and statelessness
- Nationality laws shall preserve constitutional/statutory acquisition rights and prevent statelessness as far as possible.
- Unproven parentage, birth or parental identity shall receive expedited judicial/administrative procedures without burdening children for parental acts or legal status.
Article (13) — Family and cultural identity
- Children may know and be cared for by parents where possible and in their best interests and preserve names, family ties and cultural, linguistic and religious identity under the Constitution and law.
- Identity, parentage, names and records shall not be altered to conceal origin or facilitate trafficking or unlawful transfer. Lawful changes require competent supervision.
Article (14) — Family life and non-separation
- Separation requires judicial decision or promptly judicially reviewed temporary emergency action for serious safety risks unmanageable less restrictively.
- Siblings shall remain together unless individual best interests require otherwise. Regular safe family contact shall continue unless judicially prohibited for protection.
- Disability, poverty or inadequate housing alone shall not justify separation.
Article (15) — Maintenance and family support
- Authorities shall enforce personal-status maintenance/care duties and connect vulnerable families to social protection, food, housing, education and health programmes.
- Units may seek temporary judicial measures securing basic needs where delayed maintenance or family disputes threaten safety or continued schooling.
Article (16) — Health and healthcare
- Children have rights to age-appropriate preventive, therapeutic and rehabilitative care, understandable information and participation according to evolving capacities.
- Emergency care shall not depend on payment or complete documentation. Informed consent follows patient-rights law, considering views and maturity.
- The state shall ensure immunisation, nutrition, school, oral/dental and age-appropriate reproductive health and chronic-disease/accident prevention.
Article (17) — Mental health and psychosocial support
- Children have rights to voluntary, community-based, age-appropriate mental healthcare and protection against abuse, stigma and unnecessary isolation.
- Family, school and community support take priority. Disability, behavioural difficulties or absent social alternatives alone shall not justify psychiatric placement.
- Exceptional liberty/treatment restrictions follow mental-health law and enhanced child safeguards.
Article (18) — Education
- Compulsory, quality and inclusive education shall be guaranteed constitutionally and lawfully. Poverty, employment, documentation, disability, pregnancy, displacement or social status shall not prevent schooling.
- Schools shall protect against violence, bullying, harassment and corporal punishment, with confidential accessible complaints and protection referrals.
- Authorities shall address dropout through return plans or recognised alternatives. Absence caused by exploitation, poverty, violence or displacement shall not criminalise children.
Article (19) — Children with disabilities
- Equal rights require reasonable accommodation, detection, rehabilitation, inclusive education and accessible communication.
- Disability alone shall not justify separation or institutionalisation. Families shall receive support, personal assistance and assistive devices under relevant laws/programmes.
- These provisions coordinate with disability-rights law without reducing higher protection.
Article (20) — Social security and living standards
- Children may receive legally entitled social protection; households with children shall be considered in targeting, transfers and shock response.
- Assistance shall not require delivery into exploitation, work, begging or leaving school.
Article (21) — Play, culture and sport
- Children have rights to rest, play, physical activity and cultural/artistic participation in safe accessible settings.
- Clubs, federations, cultural centres, places of worship and activity organisers shall maintain written safeguarding, staff/volunteer suitability checks and reporting channels.
Article (22) — Digital environments and information
- Children may safely access knowledge and digital services, protected from tracking, excessive commercial exploitation and designs encouraging harm or disclosure.
- Primarily child-directed services require high privacy defaults, product-risk assessments and accessible sexual-exploitation, bullying, blackmail and harmful-content reporting under data/digital laws.
- Child protection shall not justify undefined general expression surveillance or disproportionate private-communications access.
Chapter Three — Protection from violence, exploitation and harmful practices
Article (23) — All forms of violence
- Beating, injury, threats, humiliation, arbitrary home confinement, starvation, burning, violent shaking and cruel/degrading treatment are prohibited in families, schools, institutions, work and communities.
- Violence is not lawful upbringing or discipline. Authorities shall disseminate non-violent alternatives and support parents, teachers and caregivers.
Article (24) — Corporal punishment and justification reform
- Violent disciplinary acts against children shall receive no justification based on custom, upbringing or family/educational authority.
- Application of ‘discipline by parents, teachers and equivalent persons of minor children’ in Article (41), paragraph (1), of Penal Code No. (111) of 1969, as amended, is repealed. Conduct shall be assessed by its nature, consequences and this Law and applicable criminal laws.
- Minor cases without serious harm or repeated abuse shall prioritise preventive family intervention, undertakings and guidance, without precluding accountability where offences exist.
Article (25) — Neglect
- Serious/repeated denial of food, treatment, shelter, supervision, education or safety is prohibited where caregivers can provide or seek assistance.
- Poverty is not neglect. Authorities shall first provide support and referrals for deprivation-related risks unless independent abuse or urgent danger exists.
Article (26) — Sexual abuse and exploitation
- All child sexual abuse/exploitation is prohibited, including grooming, coercion, benefit-based exploitation, filming, possessing, distributing or producing child sexual exploitation material and live-streamed abuse.
- Child consent does not legalise offences based on age, authority or exploitation. Victims shall not be liable for acts compelled by exploitation.
- Immediate medical, psychological and legal services shall be available, preventing unnecessary suspect confrontation and repeat questioning.
Article (27) — Trafficking, sale and unlawful transfer
- Anti-child-trafficking measures shall coordinate with anti-trafficking law and international obligations. Sold, transferred or exploited children are victims needing protection, not offenders for exploitation-related acts.
- Adult-specific coercion proof is unnecessary where children are exploited under applicable law; specialist shelter/services shall be available when needed.
- Special measures shall prevent cross-border, institutional-care, informal-work, begging and digital trafficking.
Article (28) — Labour and economic exploitation
- Work below lawful minimum age is prohibited. All under-eighteens are barred from hazardous or worst-form labour and work harming health, education or dignity.
- Labour inspectors shall refer children/families for protection and support rather than merely punish employers where re-exploitation risks remain.
- Details shall align with labour legislation and ILO Conventions No. (138) and No. (182) effective for Iraq.
Article (29) — Begging and street exploitation
- Children begging, dangerously street-vending, collecting waste or undertaking exploitative street activities require assessment/protection, not detention or punishment merely for begging.
- Units shall assess families and exploitation sources, coordinating police/prosecutorial action against organisers, coercers, child hirers or profiteers.
- Education and socioeconomic support plans shall prevent return to exploitation.
Article (30) — Marriage before eighteen
- Marriage shall not be concluded or registered before eighteen. Sectarian, customary or consensual exceptions lowering the threshold are not recognised for this Law.
- Courts, registries and religious/social bodies shall not document or facilitate child marriage and shall report coercion, transfer or educational exclusion attempted for that purpose.
- Personal-status laws and codes shall be reviewed transitionally to repeal under-eighteen marriage provisions, preserving civil rights of children with pre-existing situations without punishing them.
Article (31) — Harmful practices
- Unnecessary traditional or medical practices intended to mutilate, permanently harm or subject children to degrading tests are prohibited, except therapeutically necessary interventions meeting professional standards.
- Authorities shall prevent, educate and intervene socially with communities and religious/professional leaders, without prejudice to criminal liability for harm.
Article (32) — Drugs, alcohol, tobacco and nicotine
- Selling or supplying illicit narcotic/psychotropic substances or tobacco/nicotine products to children, or using them in production, transport or promotion, is prohibited.
- Children using substances shall receive age-appropriate treatment/rehabilitation with privacy and educational continuity. Treatment prevails over stigma/exclusion where children are not exploiting others.
Article (33) — Criminal exploitation
- Adults/groups using children for offences, prohibited-material transport, weapons, target surveillance or other criminal activity attract statutory aggravation. Children shall be treated under juvenile justice while assessing victimhood.
- Investigators shall assess coercion, trafficking or recruitment before classifying children's roles.
Article (34) — Recruitment and armed conflict
- Under-eighteens shall not be recruited into armed forces, formations or groups or used in combat, reconnaissance, guarding, transport, propaganda or any conflict-risk role.
- Formerly associated children shall receive individual/community rehabilitation and reintegration protecting identity, education and mental health, without collective guilt based on family or area.
- The state shall coordinate monitoring/reporting of grave conflict violations under international obligations.
Article (35) — Mines, war remnants and disasters
- Child protection shall enter mine clearance, risk education, disaster response, evacuation and shelter plans, accommodating disability and family separation.
- Urgent identification and safe reunification shall verify claimants' relationships and avoid publishing exploitable data.
Article (36) — Displaced, refugee and stateless children
- Displacement, refuge, statelessness or irregular residence shall not deny protection, education or basic healthcare.
- Unaccompanied/separated children shall receive temporary representatives/guardians and best-interests assessment. Return/transfer shall not occur where substantial grounds indicate serious danger contrary to law and international obligations.
- Asylum, nationality and migration laws shall operate without reducing higher child safeguards.
Article (37) — Closed institutions and care centres
- Children in care, treatment or correctional institutions retain dignity, education, health, communication, complaints, visits and independent oversight rights.
- Solitary confinement, collective punishment and deprivation of food, education or contact as discipline are prohibited. Physical restraints require serious imminent danger, shortest duration and specific competent-law safeguards.
- Authorised oversight shall conduct announced and unannounced visits.
Article (38) — Retaliation protection
- Retaliation against children, families or professionals for good-faith reports, investigation participation, testimony or complaints is prohibited.
- Reasonable retaliation risks require safety measures, concealed contact details and temporary educational/care changes where necessary.
Chapter Four — Protection systems and case management
Article (39) — Child Welfare Authority
- The existing Authority shall be restructured as the highest national child-rights/protection coordinator, chaired by Labour and Social Affairs with relevant federal and independent professional members and appropriate constitutional Kurdistan/governorate representation.
- No parallel authority shall be created while restructuring enables existing capacity to fulfil statutory functions.
- A permanent technical secretariat and published programme budget within the Ministry shall support it.
Article (40) — Authority competences
- Propose and periodically review national policies, action plans and minimum standards.
- Monitor implementation and coordinate ministries, governorates and judicial bodies while respecting judicial independence.
- Adopt national case-management, referral, residential and alternative-care standards.
- Publish annual rights, budget, indicator, violation and response reports with personal-data protection.
- Safely and systematically involve children in national consultations affecting them.
Article (41) — Child Protection Directorate
- Labour and Social Affairs shall establish a general directorate or suitable formation for daily technical implementation, national case-system management and unit supervision.
- It shall include social work, psychology, law, data, inspection, training and alternative care, separating case management from provider oversight sufficiently to prevent conflicts.
Article (42) — Local units
- Multidisciplinary governorate units shall be established; district, major-hospital, police-station and school units may follow need under unified national guidance.
- Units shall include qualified social researchers/protection specialists with rapid psychological, health, police-liaison and legal access.
- Units coordinate assessment, protection, services and follow-up rather than replace courts, police or doctors.
Article (43) — National helpline
- The Ministry shall adopt a free round-the-clock helpline for children, adults and professionals, with disability-accessible digital channels.
- Protocols shall classify risk, enable immediate response, protect reporters and refer to police, health or competent units.
- Aggregate report numbers, types and response times shall be published without identities.
Article (44) — Mandatory professional reporting
- Doctors, nurses, teachers, counsellors, social researchers, care staff, sports coaches and direct-service professionals shall immediately notify units or police on reasonable grounds of serious danger, sexual abuse, trafficking, torture or threats to life.
- Less urgent risks follow instructional periods/procedures. Anonymous professional consultation is permitted if necessary intervention is not delayed.
- Necessary good-faith reporting attracts no civil/disciplinary liability; malicious reports or disclosure outside protection channels remain unprotected.
Article (45) — Reporting by anyone
- Anyone, especially children, may report or seek assistance without guardian consent.
- Anonymous reports with enough initial information may be accepted and shall not close merely for unknown reporter identity.
- Units shall prevent family-dispute misuse and document repeated malicious reports without rejecting genuine dangers.
Article (46) — Urgent response
- Police, units or health bodies shall immediately use the least restrictive necessary measure against imminent life/safety danger, including temporary safe relocation.
- Removal from caregivers requires juvenile-judge/competent-court review within twenty-four hours of the first judicial working day for confirmation, modification or termination.
- Children and families shall safely receive reasons, rights and objection routes.
Article (47) — Initial risk assessment
- Assessment speed shall match risk, covering safety, health, psychological/educational needs, family relationships, strengths, hazards and views.
- Material decisions shall not rely solely on automated tests or scores. Decision support requires human review, transparency and non-discrimination.
- Classification reasons and response plans shall be documented.
Article (48) — Case management and protection plans
- One manager shall coordinate each multi-agency case through written measurable objectives, review periods and assigned responsibilities.
- Children/families shall participate as safely feasible. Plans shall be reviewed for material changes and at least every three months for high-risk cases and six months for others.
- Reasoned closure follows verified safety/stability and notice of re-entry routes.
Article (49) — Preventive family support
- Available Ministry/governorate programmes shall offer family counselling, home visits, psychosocial support and documentation, education, health and social-protection access.
- Voluntary safety agreements/plans shall not impose conditions unrelated to children's safety.
- Safe extended-family support takes priority over institutional transfer.
Article (50) — Judicial protection orders
- On requests by prosecution, units, children or representatives, courts may issue temporary/final orders restricting contact/approach, removing perpetrators where possible, arranging safe contact, requiring therapeutic/educational programmes or temporary safe care.
- Orders require duration/review dates, victim safety, defence rights and proportionality.
- Perpetrator removal shall not justify removing children where homes can be secured for them.
Article (51) — Forensic examination and treatment
- Qualified professionals shall undertake minimally intrusive forensic examinations/injury documentation, explaining procedures and securing age/maturity-appropriate consent or participation under law.
- Examinations lacking recognised medical/evidentiary value or degrading children are prohibited. Custody chains shall preserve evidence integrity and privacy.
- Evidence collection shall not delay emergency treatment, pregnancy/infection prevention or necessary psychological support.
Article (52) — Police and prosecution coordination
- Interior shall assign trained child-protection/investigation liaison officers and prevent unnecessary repeated investigations.
- Prosecution shall receive matters requiring judicial intervention and supervise protection legality within competence.
- Joint protocols shall prevent conflicting orders and ensure rapid social-protection/criminal-investigation coordination.
Article (53) — Institutional risk management
- Child-serving facilities require written policies covering conduct, lawful suitability checks, no unjustified one-to-one isolation, reporting, images, trips, transport and digital contact.
- Managers remain administratively responsible for serious-violation reporting and corrective plans despite delegation.
Chapter Five — Alternative care and children without family care
Article (54) — Family-care principle
- Safe family life is preferred; alternatives apply only where continuation is impossible or contrary to best interests.
- Safe stable kinship or suitable alternative-family care precedes institutional accommodation.
Article (55) — Alternative-care decisions
- Medium/long-term placement requires judicial decision based on documented social assessment. Emergency placement follows Article (46).
- Decisions shall specify care type, responsibility, family contact, review and ultimate objectives.
Article (56) — Kinship care
- Safe extended families shall be assessed first and receive child-needed assistance rather than exclusion solely for limited income.
- Kinship alone shall not justify placement where violence, exploitation, severe conflict or incapacity risks exist.
Article (57) — Alternative families, kafala and family care
- The Ministry shall regulate family approval, assessment, training, monitoring, support and withdrawal for violations.
- Religious/civil rules on parentage, inheritance, prohibited relationships and identity shall be respected. Parentage/records change only lawfully.
- Financial support shall benefit children without making care profit-driven or a placement market.
Article (58) — Institutional care as last resort
- Institutional placement applies only absent suitable families or for specified therapeutic/temporary protection needs, for the shortest possible time.
- Regulations shall set size, staffing/supervision ratios, security, health, education, privacy and anti-violence standards. Large closed institutions permanently substituting for families are prohibited.
- Every institutionalised child shall have a case manager, exit plan and periodic review.
Article (59) — Siblings, contact and ties
- Alternative care shall preserve safe family, sibling, community, language and cultural ties. Contact restrictions require written reasons and review.
- Children's visit and placement preferences shall reflect age and maturity.
Article (60) — Care review
- Continued need shall be reviewed every three months in the first year, then at least every six months, immediately on risk changes or serious child requests.
- Reviews shall consider safe return, stable family care or preparation for independence near adulthood.
Article (61) — Transition to adulthood
- Preparation shall begin sufficiently before eighteen, covering documents, housing, education/training, financial skills, health, psychological support and relationships.
- Young people shall not leave care into homelessness or interrupted treatment on their eighteenth birthday. Voluntary transitional services may continue to twenty-one under available resources/programmes.
Article (62) — Care-home licensing and inspection
- Public, private or civil-society child accommodation requires national-standard licensing/accreditation, except specified authorised emergency responses.
- All homes require periodic/unannounced inspections, confidential child interviews and reviews of incidents, medication, restraints, complaints and care-related financial records.
- Licensed-facility lists and final suspension/closure decisions shall be published with identity protection.
Article (63) — No profiteering or trafficking in care
- Payments/benefits for child delivery, custody transfer or alternative placement are prohibited beyond authorised legitimate professional-service costs.
- Suspected sale, trafficking or parentage/document forgery shall be immediately referred for investigation.
Chapter Six — Child-friendly victim and witness procedures
Article (64) — Child victims and witnesses
- Dignified, compassionate, non-retraumatising treatment shall prioritise scheduling/procedures without harming defence or fair-trial rights.
- Clear information shall explain proceedings, rights, available support and lawful outcomes.
Article (65) — Specialist interviews
- Trained interviewers shall use suitable settings, minimise interviews and use lawful video recording where protective of children and evidence.
- Degrading questions or blame for behaviour, clothing or delayed reporting are prohibited. Disability, language and cultural differences shall be respected.
Article (66) — Support and representation
- Protection and victim proceedings shall provide legal assistance under applicable legal-aid systems and independent support where guardian interests conflict.
- Courts shall appoint special representatives for parental/guardian conflicts or absent suitable representation.
Article (67) — Avoiding confrontation and identification
- Courts may prevent unnecessary direct confrontation with defendants through video links, screens or closed hearings within fair-trial safeguards.
- Media shall not identify children in protected cases; published judgments/decisions shall redact identifying data.
Article (68) — Compensation and restoration
- Victims may claim compensation, property restitution and treatment/rehabilitation expenses under applicable laws. State services do not bar recovery from liable parties.
- Courts shall consider lawful fee waivers or simplified claims. Compensation shall not depend on abandoning public prosecution for serious crimes.
Article (69) — Non-criminalisation of victims
- Courts assessing circumstances shall not punish acts directly resulting from trafficking, sexual exploitation, recruitment or severe coercion to the extent determined.
- Investigators shall refer children for protection upon exploitation indicators; juvenile-justice law remains competent for non-excepted conduct.
Article (70) — Separation from juvenile justice
- Juvenile-justice legislation governs minimum criminal-responsibility age, investigations, trials, measures, rehabilitation and detention alternatives.
- Protection provisions shall not detain accused children outside juvenile safeguards or turn homelessness/risk labels into alternative punishment.
Chapter Seven — Governance, data, oversight and finance
Article (71) — Child-sensitive planning/budgets
- Federal/local budgets shall identify programmes and appropriations for substantive obligations, including prevention, protection, alternative care and personnel.
- No unspecified or unfunded spending is mandated, but costs, financing plans and risk-/rights-based priorities shall be shown.
Article (72) — Protection workforce
- Labour, Higher Education, Health and Education shall establish national social-researcher, protection-specialist and care-supervisor competencies, training and continuing supervision.
- High-risk cases require accredited training and professional supervision. Instructions shall phase maximum caseloads according to resources and risk.
Article (73) — National registry and data
- The child-data platform shall become a unified statistical reference linked to separate secure case management accessible only to authorised persons.
- Secure identifiers, access audits, encryption, retention/deletion policies shall follow data law. Only aggregate/anonymised information shall be published.
- Sensitive data shall not be collected merely because possible; each field requires a specified lawful purpose.
Article (74) — Information sharing
- Agencies may share only information necessary for particular children's protection/services, documenting reasons and recipients.
- Serious danger permits non-consensual minimum disclosure where delay threatens children.
- Regulations shall govern interoperability, security and unlawful-access liability.
Article (75) — Complaints and grievances
- Children, representatives and legitimately interested persons may complain about services, institutions, staff or protection decisions through confidential accessible free channels.
- Bodies shall decide within published periods and explain outcomes understandably, without preventing courts, prosecution or competent oversight access.
- Institutionalised children shall have independent complaints bypassing the institution complained against.
Article (76) — Oversight and inspection
- Competent ministries shall inspect child-serving facilities by risk, with lawful entry, record review and child/staff interviews.
- Suspected crimes require immediate referral. Lesser administrative violations receive timed corrective plans and public follow-up.
- Bodies shall cooperate with the High Commission for Human Rights or its statutory successor within competence.
Article (77) — Civil society
- Licensed organisations may provide preventive, support, shelter and alternative-care services under clear standards, licences and contracts, without sovereign liberty-deprivation or family-separation powers.
- Contracting/funding criteria and outcomes shall be public; providers face financial/professional audit and data safeguards.
Article (78) — Child-impact assessment
- National legislation/policies materially affecting children shall briefly state expected rights, best-interests, non-discrimination and budget effects.
- Assessments shall be substantive, showing alternatives, risks and mitigation where significant adverse effects are expected.
Chapter Eight — Liability and administrative sanctions
Article (79) — Breach of safeguarding duties
- This Law does not prejudice harsher criminal, civil or disciplinary liability under penal, trafficking, labour or other legislation.
- Licensing, confidentiality, reporting and protection-order breaches create administrative/professional liability; criminal punishment requires an offence under effective legislation.
Article (80) — Institutional sanctions
- Licensors may issue warnings, corrective plans, admission restrictions, suspension or revocation according to seriousness/repetition, with grievance and appeal rights.
- Where immediate closure risks children, safe transfer and continuity plans precede enforcement unless urgent danger requires evacuation.
Article (81) — Disclosure and media exploitation
- Identifying protected children or publishing intimate details/injury images for sensation or profit requires immediate removal and lawful liability, considering press freedom and public interest.
- Professional anonymised coverage or judicially authorised publication clearly benefiting children remains possible.
Article (82) — Professional accountability
- Associations/professional bodies shall incorporate safeguarding into conduct and discipline for health, education, social work, law, sport and other professions.
- Child-abuse-related suspension/bans shall be reported to competent licensors to prevent risk transfer between institutions within law.
Chapter Nine — Harmonisation, transition and final provisions
Article (83) — Existing protection bill
- This comprehensive federal framework shall incorporate sound provisions from previous/current bills to avoid parallel laws or duplicate structures.
- At commencement, earlier legislative procedures on already regulated subject matter shall end to that extent, without affecting valid prior decisions/services.
Article (84) — Personal-status harmonisation
- Guardianship, custody, maintenance and family-care rules shall be read with existing personal-status laws without reducing express safeguards herein.
- Within twelve months, authorities shall submit amendments removing conflicts, especially under-eighteen marriage, violence/discipline, best interests and hearing children.
- Acquired parentage, maintenance, registration, custody and documentation rights remain; transition shall prevent harm.
Article (85) — Juvenile Welfare Law
- Existing welfare/justice provisions remain until replacement, interpreting at-risk protection without detention or stigma merely for poverty, begging or absent care.
- Protection/punishment conflation shall be amended upon enactment of the programme's juvenile-justice law.
Article (86) — Labour, trafficking, disability, education and health harmonisation
- Within one year, authorities shall review these laws, social welfare and associated instructions for consistent definitions, referrals and oversight.
- Higher child protection applies unless express constitutional or criminal-law conflict requires legislative amendment.
Article (87) — Old Authority organisation decisions
- Dissolved Revolutionary Command Council Decisions No. (272) of 1982 and No. (134) of 2000 are repealed insofar as Authority composition/competences conflict herein.
- Necessary rights, obligations, records, resources and staff transfer to the reorganised Authority without service interruption or data loss.
Article (88) — Regulations and instructions
- The Council of Ministers shall issue cross-ministerial implementing regulations within one hundred and eighty days of publication.
- Within the same period, Labour and Social Affairs shall coordinate instructions on case management, reporting, alternative care, licensing, inspection and data.
- Public guidance, forms and standards shall be accessible. Unpublished instructions cannot restrict children's rights.
Article (89) — Transitional periods
- Authority, directorate and unit reorganisation shall begin within six months; basic governorate coverage shall complete within eighteen months under published plans.
- Existing care homes receive up to twelve months to meet new licensing standards, extendable once for six months if children face no danger and funded corrective plans are verifiable.
- Institutionalised children's situations shall be reviewed within six months of commencement for safe return or family care.
Article (90) — Legislative review
- Three years after commencement, government shall report to Parliament on legislative, fiscal and institutional gaps, oversight outcomes and aggregate data.
- The Law shall be reviewed after at least five years, or earlier for material conflict with subsequent federal legislation or effective international obligations.
Article (91) — Non-regression
- Interpretation shall not reduce higher constitutional, statutory or effective treaty protection.
- Children's rights confer no immunity from accountability but require age-appropriate, dignified and safeguarded procedures.
Article (92) — Commencement
- This Law takes effect one hundred and eighty days after Official Gazette publication, except prohibitions on violence/exploitation, identity protection and reporting/complaint rights apply from publication where no new institution is required.
- Competent bodies shall prepare and issue regulations/instructions before full commencement.
Explanatory reasons
This Law is proposed to secure constitutional and treaty child rights, unify fragmented safeguards, build integrated prevention/reporting/case management/family support/alternative care/oversight, protect against violence, neglect, exploitation, trafficking, child labour, early marriage, digital risks and armed conflict, constitutionally modernise the Child Welfare Authority, provide child-friendly victim/witness procedures and harmonise labour, penal, personal-status, health, education, disability and social-welfare legislation.
Explanatory memorandum
1. Why a comprehensive law now?
The 2022 initiative reached first reading but had limited structure and was not enacted. Government's 2026 return to comprehensive drafting indicates institutional agreement on need. This version builds a protection chain from prevention to follow-up rather than merely listing rights, assigning who receives, assesses, separates, reviews care and supervises providers.
2. Best interests are substantive
Decision-makers must document balanced factors, hear children and consider less intrusive alternatives. Best interests become reviewable standards rather than generic justification for any decision.
3. Distinguishing poverty from neglect
Removing children because families are poor is a dangerous protection error. Poverty alone is expressly not neglect; social protection, housing, education, treatment and family support come first. Separation requires abuse or risks unmanageable through less restrictive services.
4. Alternative care
The system shifts from lengthy institutional reliance towards safe extended/alternative families without changing parentage or identity. Every institutionalised child requires an exit plan and review. Organisation, training and phased financing are needed beyond legislation alone.
5. Marriage under eighteen
A unified childhood definition loses meaning if marriage is exempt. Eighteen becomes the uniform minimum, with conflicting provisions amended within a year. This explicitly involves Personal Status Law No. (188) of 1959, amended by Law No. (1) of 2025, and the annexed Jaafari Code, preserving pre-amendment children's civil rights without burdening them for previous legislation.
6. Discipline and violence
Constitutional family/school violence prohibitions conflict with customary-discipline permission. The proposal expressly removes Penal Code Article (41/1) justification for children, while distinguishing minor cases suited to preventive family intervention from serious/repeated abuse requiring accountability.
7. Juvenile-justice boundaries
Accused children are not merely protection cases. Social care bypassing criminal safeguards can produce indefinite detention. This Law addresses general rights, protection, victims and witnesses; dedicated juvenile legislation governs investigations, trials, measures, rehabilitation and detention.
8. Child Welfare Authority
Existing structures receive a technical secretariat, executive directorate and local units instead of a new supreme council. This lowers establishment costs and addresses weak implementation powers, case pathways, data and oversight rather than missing institutional names.
Harmonisation with existing legislation
| Legislation/area | Relationship | Required legislative action |
|---|---|---|
| Iraqi Constitution of 2005 | Family, childhood, equality, dignity, health and education provisions. | Foundation for interpretation, proportionality and competence allocation. |
| Penal Code No. (111) of 1969, as amended | Article (41/1) includes child-discipline justification. | Exclude violent child discipline from justification; review sexual-exploitation/violence offences in POL-14. |
| Personal Status Law No. (188) of 1959, amended by Law No. (1) of 2025, and annexed Jaafari Code | Marriage, custody, maintenance and minor guardianship. | Align marriage minimum at 18, best interests, participation and non-violence. |
| Juvenile Welfare Law No. (76) of 1983, as amended | Currently combines protection aspects with juvenile justice. | Move juvenile justice to POL-78; stop using homelessness/risk as substitute punishment. |
| Labour Law No. (37) of 2015 | Minimum working age, inspection and hazardous work. | Unify referrals with ILO 138 and 182 and connect inspection to protection services. |
| Anti-Trafficking Law No. (28) of 2012 | Victim protection and criminalisation of exploitation. | Child-specific referrals and non-punishment for directly exploitation-caused conduct. |
| Rights of Persons with Disabilities and Special Needs Law No. (38) of 2013, as amended | Disabled children's rights and services. | Consistent accommodation and no institutionalisation solely for disability. |
| Education, health and social-protection laws | Essential services and early detection. | Safeguarding, reporting, referral and proportionate sharing policies. |
| Proposed Domestic Violence Prevention Law | Overlaps with protection orders and family violence. | Unify orders and prevent duplication while retaining child-specific guarantees. |
Transition and implementation requirements
Implementation requires organised transition rather than immediate commencement of every duty. The first six months reorganise the Authority and issue case-management, reporting, helpline, alternative-care and licensing guidance. Within a year, conflicting-law review, care-home licensing/correction and review of institutionalised children begin. Local units expand over eighteen months according to population, risk and resources.
| Period | Obligation |
|---|---|
| From publication | Violence/exploitation/identification prohibitions and reporting/complaints within existing institutions. |
| 180 days | Authority reorganisation, core regulations/instructions and case-management/helpline protocols. |
| 12 months | Harmonisation amendments, care-home compliance, alternative-family systems and workforce standards. |
| 18 months | Basic protection units and unified referrals in every governorate. |
| 36 months | Comprehensive government implementation, cost, outcome and gap report to Parliament. |
Financial and implementation impact
Principal costs are social workers, helpline, case systems, training, inspection, family-based care support and psychological/legal response improvements. Existing Authority, platform and ministerial structures reduce startup costs compared with independent institutions.
Unified public data cannot precisely estimate required researchers, local-unit costs or institutional-to-family transitions. Labour must therefore model costs during regulation-making using child/population counts, violence cases, distances, care facilities, caseloads and professional vacancies, submitting the model with budgets rather than arbitrary amounts liable to become obsolete.
Fiscal priority: Prevention, family support, case management and family-based care should precede new residential institutions, since extra institutional beds alone do not address separation, violence and exploitation causes.
Safeguards and oversight
Three levels apply: judicial review for separation, protection orders or material restrictions; administrative/professional provider oversight; and public accountability through data, reports and independent complaints. Institutions shall not be the sole recipients/investigators of children's complaints against themselves.
| Indicator | Purpose |
|---|---|
| Share of serious-risk reports assessed within prescribed time | Measure response speed. |
| Share of cases with managers and written plans | Prevent fragmented responsibility. |
| Average institutional stay and exits to safe families | Measure transition from long-term institutions to family care. |
| Share of schools/licensed institutions implementing safeguards and complaints | Measure institutional prevention. |
| Share of material decisions documenting views and best interests | Measure decision quality. |
| Number/pattern of substantiated identity-disclosure or retaliation complaints | Measure privacy and safety. |
| Protection re-entry within 12 months of case closure | Measure sustained protection rather than file closure alone. |
International and comparative references
The framework follows the Child Rights Convention's four principles: non-discrimination, best interests, survival/development and respect for views. Labour provisions draw on ILO Conventions No. (138) and No. (182); conflict provisions on the Optional Protocol on armed-conflict involvement; and sexual-exploitation/sale provisions on the corresponding Optional Protocol.
Modern systems use multidisciplinary case management, reduced institutionalisation, child-friendly reporting, controlled sharing and independent representation in conflicts. These are adapted to Iraqi institutions, avoiding an imported independent agency where an existing national body can improve, or judicial powers for protection staff contrary to constitutional arrangements.
Sources and references
- Iraqi Council of Representatives — Constitution of the Republic of Iraq, 2005Constitutional equality, family, childhood, non-violence, social/health security, education and competence foundations.
- Iraqi Council of Representatives — Fifth term, first legislative-year achievements reportRecords the 14-article Child Protection Bill's first reading on 6 November 2022.
- Ministry of Justice — Juvenile Reform Directorate participation in drafting child-protection legislation, 2 May 2026Recent evidence of renewed comprehensive drafting by a committee established through official orders and calls for completion/submission.
- National Child Data Platform — Child Welfare AuthorityOfficial account of the Authority's origins and existing role.
- National Child Data Platform — Launch, 13 July 2023Documents links to national protection policy, early-childhood development strategy and the Authority.
- National Child Data Platform — National Child Protection PolicyNational prevention, protection, rehabilitation and reintegration approach.
- UNICEF Iraq — Child ProtectionReference on protection-system challenges, violence/exploitation, civil documents, psychosocial support and strong legal/institutional frameworks.
- UNICEF — Iraq Country Programme Document 2025–2029Addresses national policy, the Authority, social-workforce development and national/local protection structures.
- United Nations Treaty Collection — Convention on the Rights of the ChildIraq acceded on 15 June 1994; legal status and declarations are registered with the depositary.
- UN Treaty Collection — Iraq accession to the Optional Protocol on the involvement of children in armed conflictIraq acceded on 24 June 2008.
- UN Treaty Collection — Iraq accession to the Optional Protocol on the sale of children, child prostitution and child pornographyIraq acceded on 24 June 2008.
- ILO NORMLEX — Ratifications for IraqMinimum Age Convention 138 has applied to Iraq since 1985, and Worst Forms of Child Labour Convention 182 since 2001.
- Ministry of Justice — Publication of Personal Status Amendment Law No. (1) of 2025Recent legal framework requiring alignment with best interests and minimum marriage age.
- Ministry of Justice — Publication of the Jaafari Shia Personal Status Sharia Rulings Code, 9 October 2025Necessary reference for minor/family legislative alignment.
- Supreme Judicial Council — Legal study of Penal Code Article (41), 2025Discussion of child-discipline justification and need for reinterpretation/update.
POL-77 · Child Rights and Integrated Child Protection Law · Version 1.0 · 7 October 2026
This document is proposed legislation within Ali Zuweid's Political Programme, and is not enacted law.