Ali Zuweid’s Political Programme
Proposed bill · Health, Social Protection and Family
Juvenile Justice and Juvenile Welfare System Reform Law
A specialised federal framework shifting treatment of children in contact with the law from extended punishment to proportionate responsibility, rehabilitation and prevention. It raises the age of criminal responsibility, guarantees free defence, expands diversion and alternatives to detention, and establishes unified standards for pretrial detention, trial, custodial placement and aftercare.
Executive summary
Juvenile Welfare Law No. (76) of 1983 remains the principal framework for juvenile cases in federal Iraq. The Juvenile Corrections Department has transferred to the Ministry of Justice, and parts of the institutional system are regulated by Inmates and Detainees Reform Law No. (14) of 2018. An official rewriting process began in recent years and reached the Council of Representatives in 2026: Parliament read a juvenile welfare proposal in April and August, then began the first reading of a new seventy-article government bill on 5 October 2026. Reform is therefore an active legislative file, not merely a theoretical idea, requiring fundamental policy choices before passage.
The main problem is that the old system begins criminal responsibility at a very low age compared with modern standards. The Committee on the Rights of the Child recommends at least fourteen and broader diversion, mediation and non-custodial measures. Iraqi practice also needs clearer pretrial detention rules, legal assistance from arrest, identity protection, responses to children associated with armed groups or criminal networks, and uniform care standards in observation homes and rehabilitation schools.
The proposed Law raises criminal responsibility to 14 and confirms that anyone under 18 at the time of an act remains within juvenile justice regardless of offence classification. Summons, diversion, probation, treatment and community service become the primary tools wherever possible; pretrial detention and custodial placement become exceptions subject to periodic review and time limits. It prohibits death sentences, life imprisonment and corporal punishment for acts committed as a child.
The draft retains existing institutions while redefining the roles of the Juvenile Welfare Council, juvenile police, juvenile courts, personality assessment offices and Juvenile Corrections Department. It links free defence to Legal Aid Law No. (7) of 2024 and establishes a transition to review existing cases and placements, align intersecting laws, and complete audiovisual interrogation recording and accredited diversion programmes.
Contents
- Current legal and legislative context
- Legislative gap
- Proposed legislative policy
- Text of the draft Law Articles 1–70
- Statement of reasons
- Explanatory memorandum
- Alignment with existing legislation
- Transitional provisions and implementation requirements
- Financial and implementation impact
- Safeguards and oversight
- International and comparative references
- Sources and references
Current legal and legislative context
The Iraqi Constitution guarantees dignity, freedom, fair trial and protection of families and children and prohibits violence, abuse and exploitation. Juvenile Welfare Law No. (76) of 1983 remains the main child-criminal-justice reference in federal Iraq. It established a rehabilitative philosophy advanced for its time, specialist courts, personality assessment offices and confidentiality safeguards, but predates the 2005 Constitution, the Convention on the Rights of the Child and developments in restorative justice and adolescent-development science.
Inmates and Detainees Reform Law No. (14) of 2018 unified the general framework for adult and juvenile corrections departments and regulated aspects of institutional care, rehabilitation and oversight. Legal Aid Law No. (7) of 2024 provided a broader institutional basis for free advice and representation, making it possible to close the longstanding gap between formal defence rights and actual access to counsel from the first procedure.
The file followed a continuous government and parliamentary process during 2023–2026. In July 2023, the Ministry of Justice announced approval of a new draft and referral to the Council of State. Discussion continued on raising the age of criminal responsibility, observation homes, rehabilitation schools and aftercare. On 5 October 2026, Parliament began the first reading of a seventy-article Juvenile Welfare Bill, following an earlier parliamentary proposal that year. The priority is therefore a mature, unified text within this existing process, not a parallel system.
In the Kurdistan Region, regional amendments raised criminal responsibility to 11 and modified provisions of Law 76 of 1983. Federal reform therefore requires careful constitutional treatment of application and alignment, seeking a high national minimum of safeguards without reducing protection anywhere in Iraq.
Legislative gap
- Age of criminal responsibility: The old law’s low threshold conflicts with modern international direction towards at least 14, while federal Iraq and the Kurdistan Region differ.
- Overreliance on judicial proceedings: Alternatives, diversion, mediation and community care remain insufficiently established, although trial and custodial placement should be the last stages of response.
- Pretrial detention: Practice needs more precise conditions, durations and judicial review, and prohibition of keeping children in police premises or adult facilities.
- Legal assistance: It must become mandatory from the first interrogation, independent of family request or means.
- Special and security offences: The Law must expressly preserve child status under terrorism or drug laws or where adults are co-accused, while retaining accountability for serious acts within juvenile courts.
- Reintegration: Aftercare, employment, housing and return to education need a binding legal pathway beginning before release and continuing beyond the institution’s gate.
- Data and oversight: Population counts alone are insufficient: detention duration, diversion, alternatives, complaints, reoffending and differences across governorates must be measured with privacy protected.
Proposed legislative policy
The draft adopts seven guiding choices: criminal responsibility at 14; juvenile jurisdiction for all who were under 18 at the act; diversion and alternatives as the default in suitable cases; detention and placement only when necessary; time limits and periodic judicial review; free specialist defence throughout; and release linked to a measurable reintegration plan.
Text of the draft Law
In the name of the people
Presidency of the Republic
Pursuant to enactment by the Council of Representatives and ratification by the President under Article (61/First) and Article (73/Third) of the Constitution, the following Law is issued:
Chapter One — General provisions and principles
Article (1) — Definitions
For this Law, the following terms mean: Child: anyone under eighteen. Child in contact with the law: a child suspected, alleged, accused or adjudged to have committed a criminalised act. Juvenile justice: specialist rules, procedures and institutions dealing with children in contact with the law through rehabilitation, reintegration and protection of rights. Diversion: resolving a case outside criminal trial through a suitable, proportionate, consensual measure subject to safeguards. Non-custodial measure: a judicial or social measure not requiring placement in a closed institution. Custodial placement: judicially ordered placement in a children’s home or correctional school from which the child cannot leave at will. Personality assessment office: a multidisciplinary unit conducting social, psychological, educational and health assessments. Aftercare: follow-up and support after a measure ends or release to ensure reintegration and prevent reoffending.
Article (2) — Objectives
This Law establishes a specialised child-justice system balancing public protection and accountability appropriate to age, maturity and capacity for rehabilitation, prohibiting adult justice for anyone under eighteen at the time of the act.
It prioritises prevention, early intervention, diversion and non-custodial measures, making detention and custodial placement exceptional, necessary and as short as appropriate.
It guarantees free legal assistance from first contact with law enforcement, protects privacy, and establishes uniform rehabilitation, aftercare and removal-of-record-consequences rules supporting return to education, employment and society.
Article (3) — Scope
This Law applies to anyone under eighteen at the act under proceedings. Juvenile courts retain jurisdiction even if they turn eighteen during investigation, trial or implementation, subject to provisions on transfer to youth facilities where applicable.
No child may be excluded from these safeguards because of offence classification, seriousness or inclusion in a special law, including terrorism, drugs or organised crime. Diversion conditions or measures may be stricter according to seriousness without removing child status.
Article (4) — Age of criminal responsibility
No criminal proceedings may be brought against someone under fourteen at the act, nor may they be detained or placed in a juvenile-justice institution because of that act.
Where conduct by a child under fourteen would be criminal if committed by a person bearing criminal responsibility, the child may, where needed, be referred to child protection and social, health and education services to assess needs and protection risks. Disguised punitive measures and criminal records are prohibited.
Article (5) — Determining age and uncertainty
Age shall be established through civil-status documents, the national identity card or other reliable official records. Where unavailable or reasonably doubtful, the court shall commission a specialist medical-social panel using non-degrading, minimally intrusive methods.
Remaining doubt shall favour the person, who shall be treated as a child. Doubt about reaching criminal-responsibility age shall result in treatment as under fourteen until conclusively proven otherwise.
Article (6) — Governing principles
All authorities shall respect the child’s best interests, dignity, non-discrimination, right to be heard with due weight for age and maturity, privacy, legal assistance, fair trial and prompt resolution.
Decisions shall consider personality, family, education, health and social circumstances, the harm caused, possible reparation and reintegration. Poverty, homelessness or leaving school shall not independently justify criminalisation or placement.
Article (7) — Interpretation and priority
This Law constitutes special provisions for children in contact with the law. The Criminal Procedure Code, Penal Code and special criminal laws apply only insofar as consistent with it.
Where interpretations differ, the one most consistent with the Constitution, Convention on the Rights of the Child and these safeguards shall prevail, without prejudice to victims’ rights or public protection.
Article (8) — Confidentiality and identity protection
Publication of children’s names, images, addresses, schools, family details or any directly or indirectly identifying information is prohibited throughout and after proceedings, except by judicial permission necessary for the child’s own interests.
Children’s case records are confidential and may circulate only among competent authorities as necessary. Unlawful disclosure or use to harm, stigmatise or blackmail is subject to disciplinary and criminal consequences under applicable laws.
Chapter Two — Prevention and early intervention
Article (9) — National delinquency-prevention policy
The Juvenile Welfare Council, with the Ministries of Justice, Interior, Labour and Social Affairs, Education, Health, Youth and Sports and local bodies, shall periodically develop an evidence-based national prevention policy identifying risk and protective factors and early-intervention programmes.
It shall particularly address school dropout, violence, substance dependence, homelessness, economic and sexual exploitation and armed-group recruitment, while developing family, mental-health, sport, vocational-training and community services.
Article (10) — Early intervention and social referral
Schools, health institutions, social-care bodies or juvenile police may refer children at risk of delinquency to the competent child-protection unit for voluntary social assessment and a family-supported plan. Referral is not a criminal report unless it includes an offence subject to mandatory reporting.
Community services within families and neighbourhoods shall take priority. Children must not be separated from families or institutionalised solely because of poverty, inadequate housing or economic need.
Article (11) — Prohibition of status offences
Behaviour not criminal for adults shall not be criminal for children, including running away, school absence or disobeying family instructions alone. Such situations shall be addressed through protection, guidance and social support.
Custody, detention or observation homes must not be used to force return to family or school without criminal proceedings. Risks of violence or exploitation shall be referred to child protection.
Article (12) — Children on the streets and in informal work
Children shall not be arrested or detained merely for being on the street, begging or informal work where they are victims of exploitation or social need. Authorities shall refer them to protection services and identify and prosecute those benefiting from exploitation under the law.
Responses shall consider safety, wishes and family circumstances, providing appropriate educational and social alternatives before removal from familiar surroundings.
Article (13) — Children associated with armed groups or criminal networks
Children recruited, used or trafficked by armed groups or criminal networks shall primarily be treated as exploitation victims, while individual responsibility for specific acts is assessed under this Law.
Family affiliation, residence in an area controlled by an armed group or suspected social association alone cannot establish criminal responsibility. Assessment shall consider coercion, threats, recruitment, exploitation, age and maturity.
Article (14) — Community partnerships
Competent authorities may accredit NGOs, professional associations, universities and training centres to provide diversion, mediation, guidance, rehabilitation and aftercare under published licensing, data-protection and oversight standards.
No non-governmental entity shall receive arrest, detention, investigation or judicial-measure powers.
Chapter Three — Institutions, jurisdiction and specialisation
Article (15) — Juvenile Welfare Council
The Juvenile Welfare Council shall continue as a national coordinating body chaired by the Minister of Justice, with appropriately ranked representatives of relevant entities. Its composition and remit shall ensure effective participation of the judiciary, Public Prosecution, Interior, Labour and Social Affairs, Education, Health, Planning, Youth and Sports, and specialist child-rights representatives.
The Council shall propose general policy, approve diversion and aftercare standards, review detention, placement and reoffending indicators, and submit a public annual report to the Council of Ministers and Council of Representatives without identifying children.
Article (16) — Specialised juvenile police
The Ministry of Interior shall establish juvenile police units in governorates and districts as needed. Only personnel with accredited training in child rights, child-friendly interviewing, prevention of torture and diversion shall arrest or conduct preliminary inquiries with children.
Juvenile police shall wear civilian clothing where the task permits and provide waiting areas separate from adults. Children may remain in general police stations only in extreme necessity and for the time needed for transfer to designated premises.
Article (17) — Specialist investigating judges
The Supreme Judicial Council shall appoint sufficient juvenile investigating judges in each appellate district, prioritising training and continuity of assignment to retain specialist expertise.
Investigating judges shall immediately review arrest and detention legality, consider diversion and alternatives before detention, and refer children to personality assessment offices where needed.
Article (18) — Juvenile courts
Juvenile courts shall remain within the judiciary. The Supreme Judicial Council shall determine their distribution and jurisdiction to ensure equitable geographical access. Where the judicial structure requires, courts shall comprise a specialist judge and two members with legal, social or psychological expertise under the law.
Specialist panels or chambers may be established within appellate courts and the Federal Court of Cassation to hear juvenile appeals and harmonise judicial principles.
Article (19) — Public Prosecution in juvenile cases
The Public Prosecution shall assign qualified members to monitor lawful procedures, detention and placement conditions and children’s interests. They may request diversion, release or modified measures and challenge decisions violating safeguards.
This role does not prejudice judicial independence or defence rights. Applications shall respect child justice’s rehabilitative nature.
Article (20) — Personality assessment offices
Offices attached to juvenile courts shall be established or developed with social workers, psychologists and doctors or health professionals where needed, drawing on specialists in substance dependence, disability, education or psychiatry.
Their individual reports shall focus on needs, risk and protective factors, diversion options and suitable measures, and shall not substitute for evidence that the act occurred.
Article (21) — Specialist legal assistance
Legal assistance shall be free and mandatory for every child from the first interrogation or liberty-restricting procedure until proceedings and measures end. Legal Aid Law No. (7) of 2024 shall govern funding and organisation without reducing these safeguards.
If the child’s or guardian’s chosen lawyer is absent, the competent body shall immediately appoint one from a specialist list. Children cannot waive counsel during interrogation or trial hearings.
Article (22) — Training and professional accreditation
Judicial and executive bodies shall provide mandatory, sustained training covering psychological and cognitive development, child-friendly communication, disability, trauma, restorative justice, prevention of discrimination and torture, and data protection.
Direct work in juvenile units shall require initial training and periodic updates. Universities, the Judicial Institute and specialist international organisations may assist.
Chapter Four — Apprehension, investigation and detention
Article (23) — Summons before arrest
Summoning through a guardian or caregiver shall be the default where sufficient to ensure attendance. Arrest requires specific grounds showing flight risk, serious evidence interference, danger to a person or inability to achieve the purpose through a less restrictive means.
Every arrest or compulsory appearance order shall state reasons and identify the person as a child so special transport and custody procedures apply.
Article (24) — Rights on arrest
Children shall immediately be informed in age-appropriate terms of the reason for arrest and their rights, including silence, freedom from compelled confession, contact with counsel and a guardian or trusted adult, healthcare and interpretation or communication assistance where needed.
Arrest time and place, physical condition, personnel and transfer destination shall be recorded. A rights record shall be provided to the child and lawyer.
Article (25) — Notification of family and authorities
Arresting bodies shall immediately notify the guardian or caregiver, legal aid centre and competent juvenile police. Delay requires a reasoned judicial decision where notification directly endangers the child or threatens a serious investigation, with an independent adult appointed to provide support during delay.
Foreign, refugee or stateless children’s rights to contact consular authorities or the competent commission shall be respected unless inconsistent with a protection or asylum claim.
Article (26) — Protection against coercion and ill-treatment
Torture, cruel or degrading treatment, threats, deprivation of sleep, food or medicine, and force to obtain statements or confessions are prohibited.
Statements or confessions obtained in breach are invalid. Judges shall initiate independent investigation on reasonable indications of ill-treatment and provide medical examination and protection.
Article (27) — Restraints and force
Physical restraints or force may be used only to prevent imminent, serious danger to the child’s or another person’s life, or an actual escape not preventable by less restrictive means, and only as necessary in degree and duration.
Humiliating devices, corporal punishment, electric shocks and devices causing unnecessary pain are prohibited. Every use of force shall be documented and reviewed administratively and judicially where appropriate.
Article (28) — Interrogation and interviews
Children may be interrogated only with counsel present and a guardian or trusted adult unless the court excludes that adult in the child’s interests. Interrogation shall occur in suitable premises, in short sessions with breaks.
Interviews shall be audiovisually recorded where technology is available, becoming mandatory within the statutory transition. Night interrogation requires urgent necessity for the child’s or another’s safety and judicial permission.
Article (29) — Health and psychological assessment
Children deprived of liberty shall receive an independent initial health examination within twenty-four hours, or immediately for urgent needs, respecting confidentiality, privacy and informed consent according to age and maturity.
Indicators of mental disorder, intellectual disability, substance use or self-harm risk shall trigger treatment and protection plans. Illness or disability shall not justify punishment or isolation.
Article (30) — Searches and sample collection
Searches shall respect dignity and be conducted by a person of the same sex. Routine strip searches and unnecessary bodily intrusion are prohibited. Biological samples require legal authority, necessity and professional supervision where needed.
Reasonable accommodation shall be provided for children with disabilities throughout searches and evidence collection.
Article (31) — Pretrial detention
Detention is a last resort where reasonable alternatives cannot prevent a real, specific risk of flight, serious interference with evidence or imminent violent offending. Charge severity or social pressure alone is insufficient.
Judges shall prefer alternatives such as release into family care with guarantees, attendance requirements, social supervision, no-contact conditions, residence at a known address or intensive support programmes.
Article (32) — Detention periods and review
Arrested children shall promptly appear before a competent judge. Continued detention shall be reviewed at intervals no longer than fifteen days. Extensions require written reasons explaining why alternatives are inadequate.
Total pretrial detention shall not exceed sixty days. For an exceptionally serious felony, a juvenile court may extend it by reasoned decisions to a maximum of ninety days where objective reasons not attributable to the child prevent trial completion. Thereafter, release with suitable guarantees is mandatory unless execution of a final judgment begins.
Article (33) — Detention premises and separation from adults
Detained children shall be held exclusively in observation homes or designated children’s facilities under Ministry of Justice and judicial oversight. Adult prisons and shared police cells are prohibited.
Girls shall be separated from boys with appropriate staff and services. Arrangements shall address disabilities, illness and particular protection needs against assault or exploitation.
Article (34) — Prompt investigation and trial
Children’s cases shall receive priority at investigation, trial and appeal, minimising adjournments and unnecessary delay. Delay itself harms reintegration and children’s understanding of the connection between conduct and legal response.
Where proceedings exceed ordinary periods, courts shall automatically review causes, order acceleration and reconsider any continuing detention.
Chapter Five — Diversion and restorative justice
Article (35) — Diversion principle
Juvenile police, investigating judges, prosecutors and courts shall consider diversion at the earliest possible stage where facts permit and public safety does not require formal proceedings.
Diversion is an accountability pathway focused on responsibility, reparation, education, treatment and reintegration, not indulgence. It shall be proportionate to age, seriousness and victims’ needs.
Article (36) — Diversion conditions
Diversion requires sufficient factual grounds linking the act to the child, free consent after legal advice, and understanding of the programme and consequences. A full judicial confession cannot be required, nor may statements during diversion be used against the child if it fails.
Victims’ interests and views shall be considered where direct harm occurred. Victims must not be compelled to confront or reconcile.
Article (37) — Diversion scope
Diversion may apply to infractions, misdemeanours and non-violent felonies where judicial authorities consider it more protective of society than trial or placement. For serious violent crimes, restorative justice may complement treatment and reparation without automatically replacing trial.
Legal classification alone shall not bar diversion. Assessment shall consider actual conduct, harm, the child’s role, coercion and recurrence.
Article (38) — Diversion programmes
Programmes may combine voluntary apology, mediation, repair or compensation within the child’s means, family counselling, return to education, vocational training, substance-dependence treatment, psychological support and age-appropriate educational community service.
Programmes must not involve dangerous, degrading or exploitative work, financial obligations exceeding the child’s or family’s means, or restrictions harsher than a court could impose.
Article (39) — Programme management
The Juvenile Welfare Council shall approve national provider standards covering qualifications, data protection, risk management, children’s complaints and conflicts of interest.
Judicial authorities shall maintain confidential programme and outcome records for statistical monitoring. Successful completion constitutes neither conviction nor criminal record.
Article (40) — Duration and review
Duration shall reflect need and normally not exceed six months. One reasoned extension to nine months may be granted with the child’s and lawyer’s consent where completing treatment or education already begun serves the child’s interests.
Supervising bodies shall periodically review obligations and reduce or modify them for unintended difficulties or changed circumstances.
Article (41) — Successful completion
After successful completion, the competent authority shall close the file or terminate proceedings according to referral stage, removing associated entries from records available to non-judicial bodies.
Previous diversion alone shall not justify harsher later measures. De-identified data may evaluate policies and programmes.
Article (42) — Non-completion
Difficulty completing diversion shall not automatically result in punishment or an implied admission. Programme modification or removal of barriers shall be considered before returning to formal proceedings.
If investigation or trial resumes, statements, offers or apologies during mediation or diversion shall not be used to prove guilt.
Article (43) — Victims’ rights in restorative justice
Victims have rights to information, support, privacy and refusal of mediation without prejudice to their rights or assessment of their responsibility in other matters. Direct contact shall be prevented where it risks intimidation or renewed harm.
Sexual offences, domestic violence and trafficking require enhanced safeguards. Reconciliation must not remove mandatory protection or compel victims to relinquish rights.
Chapter Six — Trial and evidentiary safeguards
Article (44) — Child-friendly trial
Trials shall accommodate age, enable understanding and effective participation, and use clear language explaining charges, options and consequences.
Hearing arrangements, seating and remote communications may be adapted where necessary to reduce intimidation while preserving judicial authority and defence rights.
Article (45) — Private hearings and publication
Juvenile hearings shall be private, attended only by persons authorised as necessary for the proceedings or child’s interests. Judgments and legal principles may be published after all identifying information is removed.
Children must not be photographed or have their voices or identifying details broadcast. Protection continues into adulthood for acts committed as children.
Article (46) — Attendance and representation
Children may attend, hear evidence and challenge it through counsel. Trial in absentia is permitted only in exceptional lawful circumstances after safe-attendance options are exhausted, with retrial guaranteed upon arrest or appearance.
Where attendance at a particular hearing would cause severe psychological harm and alternative participation is demonstrably possible, the court may adopt exceptional arrangements preserving defence rights.
Article (47) — Separation from adult proceedings
Where children and adults jointly participate in an act, the juvenile court shall try the child separately in files and procedure, except for specific evidentiary coordination that preserves safeguards.
Joint proceedings or evidence sharing must not expose the child’s identity publicly or subject them to adult procedures or penalties.
Article (48) — Presumption of innocence and proof
Children are innocent until convicted by a final judgment on lawful evidence and bear no burden to prove innocence or explain silence. Conviction requires independent, lawful evidence; an unsupported confession is insufficient without other material facts.
Evidence obtained through torture, coercion or material violation of defence rights shall be excluded under general rules and this Law’s stronger safeguards.
Article (49) — Personality assessment report
Before imposing a substantial measure, the court shall obtain a current report on family, education, physical and mental health, abilities, strengths, reoffending risks, victims’ needs and non-custodial options.
The defence shall receive a copy with third-party data protected and may question its author or seek independent assessment on serious grounds.
Article (50) — Reasonable duration and case management
Courts shall schedule closely spaced hearings, prevent avoidable organisational adjournments and urgently decide liberty-related applications, considering school, examination and treatment schedules unless justice requires otherwise.
Courts may hold preliminary case-management conferences with prosecution and defence to identify disputed issues and reduce unnecessary procedures.
Article (51) — Judgment and reasons
Beyond conviction or acquittal grounds, judgments shall explain the chosen measure and duration, consideration of best interests, alternatives, seriousness of harm and reintegration prospects.
Custodial decisions shall expressly explain why non-custodial measures are insufficient and set the first review date.
Chapter Seven — Juvenile measures and penalties
Article (52) — Graduation and proportionality
Courts shall choose the least restrictive measure achieving accountability, public protection and reintegration. A measure must not be substantively harsher than the penalty available for an adult’s same act, subject to child-specific reductions and maxima.
Corporal or degrading punishment, death, life imprisonment and indeterminate measures are prohibited for anyone under eighteen at the act.
Article (53) — Non-custodial measures
Courts may impose one or more of: judicial admonition, placement with a suitable guardian under a supervision plan, probation, counselling and treatment, education or training requirements, specified no-contact orders, substance-dependence rehabilitation, community service, or appropriate restorative or compensatory obligations.
Conditions shall be feasible, time-limited and compatible with education, treatment and healthy family ties.
Article (54) — Probation
Children may be supervised by a social worker or specialist probation officer for up to two years under an individual plan with measurable goals and review at least every three months.
Courts may end probation early once objectives are met. Minor or occasional breaches shall not trigger custodial placement before suitable support interventions.
Article (55) — Community service
Community service may be imposed only from sixteen, with consent after legal advice. Its nature shall suit health, education and abilities without danger or stigma.
Service shall not exceed one hundred and twenty hours, shall occur outside school and lawful work hours, and shall be suspended or modified for unexpected health or educational harm.
Article (56) — Specialist treatment and rehabilitation
Where substance use, mental disorder, trauma or disability materially affects behaviour, courts may include voluntary treatment or health follow-up, respecting confidentiality and informed consent and never using treatment as punishment.
Compulsory psychiatric or treatment placement requires mental-health-law procedures and a separate decision based on medical necessity, not the charge’s nature.
Article (57) — Correctional placement as a last resort
Custodial placement requires a serious felony or demonstrated substantial risk unmanageable through non-custodial measures, a personality assessment and reasons explaining alternatives’ insufficiency.
Every pretrial detention day shall count towards placement. Courts shall periodically review continued need with a view to shortening or replacing it wherever possible.
Article (58) — Maximum placement periods
For offences carrying adult penalties up to fifteen years, placement shall not exceed half the statutory maximum and in no event five years.
For offences carrying death, life imprisonment or more than fifteen years, placement shall be between three and ten years, with mandatory periodic review and possible conditional release. Courts retain authority to choose a lighter sufficient measure.
Article (59) — Suspension and review
Custodial measures may be wholly or partly suspended where the assessment, behaviour and circumstances show community rehabilitation is possible, subject to probation and suitable conditions.
Courts shall review custodial measures at least every six months and may shorten or replace them upon sufficient rehabilitation progress or disappearance of placement grounds.
Article (60) — Conditional release and removal of record consequences
Conditional release may occur after half the placement term, or earlier in exceptional health, rehabilitation or educational circumstances by a reasoned decision considering public protection.
Juvenile convictions shall be removed from records available to non-judicial bodies at twenty-one or three years after the measure ends, whichever is earlier, unless courts specify less. Disclosure must not be required for employment or education except for jobs expressly specified by law and for a necessary, proportionate period.
Chapter Eight — Places of deprivation of liberty and residents’ rights
Article (61) — Facility classification
The Ministry of Justice’s Juvenile Corrections Department shall manage observation homes, rehabilitation schools and designated children’s facilities under this Law and Inmates and Detainees Reform Law No. (14) of 2018 insofar as compatible.
Pretrial detainees shall be separated from convicted children, girls from boys, and children from adults. Those turning eighteen may, where needed, move to separate youth units within corrections, not automatically mix with adults in general prisons merely because of age.
Article (62) — Individual rehabilitation plan
Within fifteen days of entry, each child shall receive comprehensive assessment and an individual plan covering education or return to school, vocational training, physical and mental health, family ties, life skills, release and aftercare.
Children shall participate in planning, reviewed every three months. Appropriate summaries shall be available to the competent court, guardian and counsel.
Article (63) — Education, health and family contact
Residents have rights to officially recognised education, books and examinations, healthcare equivalent to community provision, adequate food, sport, cultural activities and regular family and lawyer contact.
Visits, education and healthcare must not be withheld as discipline. Visits and video contact shall be facilitated for geographically distant families.
Article (64) — Institutional discipline
Disciplinary rules shall be written, understandable and available to families and counsel. Corporal punishment, solitary confinement, deprivation of food, water, sleep or medicine, collective punishment and degrading treatment are prohibited.
Temporary separation for medical reasons or immediate protection from a specific danger shall be as short as possible, professionally supervised and independently reviewed administratively, never punitive.
Article (65) — Complaints and independent inspection
Every child may confidentially complain to management, the competent judge, Public Prosecution, High Commission for Human Rights or competent independent national body without content censorship or retaliation.
Facilities shall undergo regular and unannounced judicial, prosecutorial and authorised oversight visits. Accredited national and international organisations may visit under privacy and security safeguards.
Article (66) — Serious incidents and death
Any death, serious injury, attempted suicide, torture allegation or sexual assault in a facility shall immediately be notified to prosecution, the competent judge and guardian. Independent examination and investigation are required; administrative investigation alone is insufficient.
Evidence, records and recordings shall be preserved, medical and psychological support provided to the child or affected peers, and de-identified incident and response statistics published.
Chapter Nine — Aftercare and reintegration
Article (67) — Release and aftercare planning
Aftercare planning shall begin at least three months before release where the measure’s duration permits, covering identity documents, family return or safe alternatives, education, training, employment, housing, health, psychological support and legal and administrative requirements.
The Juvenile Corrections Department, with Labour and Social Affairs, employment offices and local authorities, shall follow up for at least one year where needed. Support may continue with consent after adulthood.
Article (68) — Preventing stigma and supporting integration
Public institutions must not refuse education, treatment or services solely because of previous juvenile measures. Record disclosure is limited by law and necessity.
Training, employment and social-protection programmes shall practically prioritise those needing post-release support without labels revealing their criminal history to employers or communities.
Chapter Ten — Data, transition and commencement
Article (69) — Data and evaluation
The Ministry of Justice, with the Supreme Judicial Council, Interior, Planning and Labour and Social Affairs, shall establish a unified, de-identified statistical system covering cases by age, sex, governorate, procedure, detention duration, diversion, measures, reoffending and complaints.
Annual open, non-identifying indicators shall evaluate geographic disparities, alternative measures, detention rates and aftercare quality, complying with data-protection legislation upon commencement and general privacy rules.
Article (70) — Transitional provisions, repeal and commencement
First: Juvenile Welfare Law No. (76) of 1983 and amendments are repealed within this Law’s scope from commencement. Existing regulations and instructions remain temporarily effective insofar as compatible until replaced.
Second: Within twelve months, relevant provisions of Inmates and Detainees Reform Law No. (14) of 2018, Criminal Procedure Code No. (23) of 1971, Penal Code No. (111) of 1969 and special laws shall be amended for consistency on age, jurisdiction, measures, confidentiality and legal assistance.
Third: Provisions more favourable to children apply to non-final cases and measures or those not fully executed. Within six months, courts shall review all existing placements exceeding new limits or replaceable by non-custodial measures.
Fourth: Competent bodies shall issue necessary regulations and instructions within six months, complete audiovisual recording in interrogation rooms within eighteen months and publish diversion accreditation standards within nine months.
Fifth: Application in the Kurdistan Region of Iraq shall respect constitutional responsibilities and existing regional law. Federal and regional authorities shall align minimum safeguards. This provision does not automatically repeal regional legislation beyond constitutional jurisdiction.
Sixth: This Law enters into force ninety days after publication in the Official Gazette.
Statement of reasons
This Law is enacted to modernise juvenile justice in Iraq consistently with the Constitution, Convention on the Rights of the Child obligations and scientific and legal understanding of development and rehabilitation; raise criminal responsibility age; expand diversion, mediation and non-custodial measures; guarantee free legal assistance; minimise detention and placement in scope and duration; develop welfare institutions and aftercare; and unify privacy, rehabilitation and reintegration safeguards.
Explanatory memorandum
1. Why is a new law needed?
The 1983 Law already contained an important rehabilitative approach, but no longer adequately addresses a radically changed legal and social environment. Iraq joined a broader international child-rights framework, correctional institutions changed, legal aid legislation emerged, and drugs, organised crime, recruitment and exploitation require clearer rules. Alternatives to detention must become a statutory norm rather than scattered practice.
2. Age of criminal responsibility
The draft chooses fourteen as the minimum. This does not mean ignoring harmful behaviour: younger children may need protection, treatment or family and educational intervention, but should not enter criminal proceedings. Those fourteen to under eighteen remain accountable within specialist courts under penalties and measures fundamentally different from those for adults.
3. Serious crime does not remove child status
Age at the act is decisive. Serious classification or adult co-participation does not transfer cases to adult courts. Serious offences may still lead to detention, conviction and placement within prescribed limits, but under juvenile procedures and safeguards, with death and life imprisonment prohibited. This prevents dangerous differences in protection depending on the charging law.
4. Diversion before trial
Diversion moves accountability into a faster programme more closely connected to harm and its causes. It is particularly suitable for misdemeanours, non-violent felonies and first cases, and may include mediation, reasonable compensation, treatment, education and training. The draft prevents programme failure becoming an admission against the child and protects victims against forced reconciliation.
5. Detention and placement
The draft sets a clear necessity test, time limits and detention review every fifteen days, requiring reasons why alternatives are inadequate. Sentenced placement becomes a last resort subject to child-specific maxima and six-monthly reviews, with pretrial time credited and adult mixing prohibited.
6. Legal assistance and investigation
Defence does not depend on a child or family requesting it. Counsel is mandatory from first interrogation and funded under existing legal aid legislation. Audiovisual recording protects children and investigators alike and reduces disputes over coercion or misunderstanding.
7. Existing institutions instead of a new authority
The draft retains the Juvenile Welfare Council, Juvenile Corrections Department, juvenile police, courts and personality assessment offices, while redefining roles and adding training, data, diversion and aftercare standards. This reduces transition costs and institutional overlap.
8. Children exploited by armed or criminal groups
Recruited or exploited children are treated as potential exploitation victims while remaining accountable for serious individual acts. Family affiliation, geography or social association must not substitute for proof of conduct and intent.
Alignment with existing legislation
| Legislation | Relationship to the draft | Proposed response |
|---|---|---|
| Juvenile Welfare Law No. (76) of 1983 | Existing framework replaced by the draft. | Repeal on commencement, temporarily retaining compatible instructions. |
| Inmates and Detainees Reform Law No. (14) of 2018 | Regulates juvenile corrections, facilities and institutional administration. | Align definitions and provisions on children, adult mixing, discipline, review and aftercare. |
| Criminal Procedure Code No. (23) of 1971 | General investigation, trial, detention and appeal rules. | Give this Law priority as special legislation for those under 18 at the act, especially on detention, interrogation, confidentiality and jurisdiction. |
| Penal Code No. (111) of 1969 | Defines general offences and penalties. | Offence definitions remain; child-specific age, measures and maxima replace general rules. |
| Anti-Terrorism Law No. (13) of 2005 and special criminal laws | May contain more severe classifications and penalties. | Confirm that children remain outside adult justice and receive these safeguards while answering for proven acts. |
| Legal Aid Law No. (7) of 2024 | Provides legal-assistance institutions. | Create a mandatory, prompt child pathway with trained lawyers and representation funded from first interrogation. |
| Kurdistan Region legislation on responsibility age and juvenile welfare | Regional amendments raised the age to 11 and changed certain measures. | Constitutional and legislative alignment preserving national minimum safeguards without institutional or jurisdictional gaps. |
Transitional provisions and implementation requirements
- Within 3 months: Identify all detained and placed children and review age, jurisdiction and place of custody.
- Within 6 months: Issue core instructions and review existing measures exceeding new limits or replaceable by non-custodial alternatives.
- Within 9 months: Accredit diversion, mediation and community-service providers and establish referral, monitoring and complaint forms.
- Within 12 months: Complete related criminal and correctional legislative amendments and assign qualified judges, lawyers and social workers wherever needed.
- Within 18 months: Equip child-interrogation rooms for audiovisual recording and secure storage, with temporary procedural alternatives where equipment is delayed.
- From commencement: Prohibit new placements with adults and death or life sentences. Apply the age-14 rule to non-final cases and more favourable legal situations under Article (70).
Financial and implementation impact
No new ministry or independent authority is required. Financial impact therefore centres on developing existing capacity: more social workers and psychologists, trained juvenile police, judges and lawyers, equipped interview and recording rooms, diversion and community-service funding, and better institutional education and health.
Reduced detention and placement in divertible cases should progressively save accommodation, guarding, transport and prolonged-trial costs. No aggregate figure is given because recent national public data on placement day costs, staffing and governorate shortfalls are unavailable. Before the next budget after commencement, the proposal requires government costing based on annual entrants, average detention and placement days, per-case diversion costs, staffing gaps and recording and data-management infrastructure costs.
Safeguards and oversight
- Periodic judicial review of every detention and placement, explaining alternatives’ inadequacy.
- Mandatory independent legal defence regardless of family means.
- Confidential institutional complaints to judicial and oversight bodies outside management.
- Identity protection in media, records and open data.
- Oversight and investigation of force, serious incidents and torture allegations outside the facility’s immediate management.
- Annual non-personal national indicators on detention, diversion, placement, reoffending and geographic disparities.
- Annual parliamentary review of the Council’s report, implementation results and funding needs.
International and comparative references
The draft rests on the Convention on the Rights of the Child, particularly prohibition of arbitrary deprivation of liberty, detention as a last resort for the shortest appropriate time, and dignified treatment supporting reintegration. It also draws on General Comment No. (24), calling for a minimum responsibility age of at least 14, broader diversion and non-custodial measures, and specialist training.
The Beijing Rules, Havana Rules for juveniles deprived of liberty and Riyadh Guidelines provide operational references for proportionality, prevention, institutions and detention. Within Iraq, Kurdistan’s experience shows that age and measures can be changed, while UNICEF assessments indicate the need for further protection and broader alternatives.
Sources and references
- Constitution of the Republic of Iraq of 2005 — Iraqi Council of RepresentativesConstitutional provisions on dignity, fair trial, family, childhood and judicial authority.
- Iraqi Council of Representatives — start of first reading of the Juvenile Welfare proposal, 23 April 2026Documents the earlier proposal’s first reading and objectives for modernising juvenile welfare philosophy.
- Iraqi Council of Representatives — completion of first reading of the Juvenile Welfare proposal, 9 August 2026Documents completion of the first reading in August 2026.
- Iraqi Council of Representatives — first reading of the Juvenile Welfare Bill, 5 October 2026Latest parliamentary process available at the document date for a new government juvenile welfare bill.
- Iraqi Council of Representatives — Legal Committee and Minister of Justice discuss raising criminal-responsibility age, 24 September 2026Shows continuing official discussion of age and safeguards.
- Ministry of Justice — committee amending Juvenile Law No. 76 of 1983, 25 June 2023Documents the executive process for updating the old legislation.
- Ministry of Justice — approval of draft Juvenile Welfare Bill and referral to the Council of State, 10 July 2023Documents government preparation and review.
- Ministry of Justice — Juvenile Welfare Council and aftercare, 17 July 2025Documents continued application of Law 76 of 1983 and aftercare under Article 106.
- Ministry of Justice — Inmates and Detainees Reform Law No. 14 of 2018Current framework for adult and juvenile corrections and detention centres.
- Ministry of Justice — Legal Aid Law No. 7 of 2024Existing national legal-assistance framework supporting children’s free defence rights.
- Supreme Judicial Council — juvenile court jurisdiction, decision of 29 January 2023Judicial application confirming juvenile courts’ subject-matter jurisdiction under Law 76 of 1983.
- Supreme Judicial Council — limitation periods and maximum placement terms under juvenile welfare law, 4 October 2026Recent judicial analysis of rehabilitative measures and placement limits.
- Convention on the Rights of the Child — Office of the United Nations High Commissioner for Human RightsPrincipal international reference, particularly Articles 37, 39 and 40.
- Committee on the Rights of the Child — General Comment No. 24 on children’s rights in the child justice systemRecommends at least 14 as the minimum criminal-responsibility age and expanded diversion and non-custodial measures.
- UNICEF Iraq — Child protectionDescribes Iraqi child-justice challenges, including low responsibility age, excessive deprivation of liberty and limited alternatives.
- UNICEF Iraq — Mapping and Assessment of the Child Justice System in Kurdistan Region of IraqIntra-Iraq comparative reference on responsibilities, child-friendly courts, diversion and alternative care.
- Kurdistan Region Parliament — amendment to application of the Juvenile Welfare Law raising age to 11Reference for regional legislation and constitutional alignment when federal law is updated.
Ali Zuweid’s Political Programme — A proposed legislative document for public and parliamentary discussion. It is not an enacted law unless constitutional enactment and publication procedures are completed.