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POL-78

This is a proposal for discussion, not an enacted law.

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.

Document number
POL-78
Version
1.0
Publication date
7 October 2026
Scope
Republic of Iraq

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

  1. Current legal and legislative context
  2. Legislative gap
  3. Proposed legislative policy
  4. Text of the draft Law Articles 1–70
  5. Statement of reasons
  6. Explanatory memorandum
  7. Alignment with existing legislation
  8. Transitional provisions and implementation requirements
  9. Financial and implementation impact
  10. Safeguards and oversight
  11. International and comparative references
  12. Sources and references

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.

Central principle: Society is protected through a specialist system that distinguishes serious crime from behaviour arising from exploitation, poverty or trauma, imposes responsibility proportionate to children’s understanding and capacity for rehabilitation, and reduces reoffending—not by weakening safeguards.

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

Principal laws requiring alignment
LegislationRelationship to the draftProposed response
Juvenile Welfare Law No. (76) of 1983Existing framework replaced by the draft.Repeal on commencement, temporarily retaining compatible instructions.
Inmates and Detainees Reform Law No. (14) of 2018Regulates juvenile corrections, facilities and institutional administration.Align definitions and provisions on children, adult mixing, discipline, review and aftercare.
Criminal Procedure Code No. (23) of 1971General 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 1969Defines 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 lawsMay 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 2024Provides 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 welfareRegional 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

  1. Within 3 months: Identify all detained and placed children and review age, jurisdiction and place of custody.
  2. Within 6 months: Issue core instructions and review existing measures exceeding new limits or replaceable by non-custodial alternatives.
  3. Within 9 months: Accredit diversion, mediation and community-service providers and establish referral, monitoring and complaint forms.
  4. Within 12 months: Complete related criminal and correctional legislative amendments and assign qualified judges, lawyers and social workers wherever needed.
  5. Within 18 months: Equip child-interrogation rooms for audiovisual recording and secure storage, with temporary procedural alternatives where equipment is delayed.
  6. 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

  1. Constitution of the Republic of Iraq of 2005 — Iraqi Council of RepresentativesConstitutional provisions on dignity, fair trial, family, childhood and judicial authority.
  2. 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.
  3. Iraqi Council of Representatives — completion of first reading of the Juvenile Welfare proposal, 9 August 2026Documents completion of the first reading in August 2026.
  4. 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.
  5. 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.
  6. Ministry of Justice — committee amending Juvenile Law No. 76 of 1983, 25 June 2023Documents the executive process for updating the old legislation.
  7. Ministry of Justice — approval of draft Juvenile Welfare Bill and referral to the Council of State, 10 July 2023Documents government preparation and review.
  8. Ministry of Justice — Juvenile Welfare Council and aftercare, 17 July 2025Documents continued application of Law 76 of 1983 and aftercare under Article 106.
  9. Ministry of Justice — Inmates and Detainees Reform Law No. 14 of 2018Current framework for adult and juvenile corrections and detention centres.
  10. Ministry of Justice — Legal Aid Law No. 7 of 2024Existing national legal-assistance framework supporting children’s free defence rights.
  11. Supreme Judicial Council — juvenile court jurisdiction, decision of 29 January 2023Judicial application confirming juvenile courts’ subject-matter jurisdiction under Law 76 of 1983.
  12. Supreme Judicial Council — limitation periods and maximum placement terms under juvenile welfare law, 4 October 2026Recent judicial analysis of rehabilitative measures and placement limits.
  13. 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.
  14. 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.
  15. UNICEF Iraq — Child protectionDescribes Iraqi child-justice challenges, including low responsibility age, excessive deprivation of liberty and limited alternatives.
  16. 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.
  17. 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.

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