Last Updated: November 2005
Summary and Analysis
Our research revealed nothing to suggest that Iraqi Transitional Government has implemented Article 12 of the CRC with respect to a child's right to be heard in protective proceedings or that it did so before the overthrow of Saddam Hussein. Iraq acceded to the CRC on June 15, 1994, and has recently ratified a new constitution, drafted by the Transitional National Assembly, which contains some general language regarding children and families that may serve as the basis for future legislation in compliance with the CRC.
Section 6 of Article 112 of the new constitution states that the duty of “drawing up general education and childrearing policy … will be shared by the federal and regional authorities … in consultation with the regions.” Presumably, the new government, under the authority of its new constitution, will at some point consider implementing Article 12. However, our research did not suggest that it has already done so.
Sources of Law
The Constitution of the Republic of Iraq
(a) The family is the foundation of society and the state should preserve its (the family's) existence and ethical and religious value.
(b) The state shall guarantee the protection of motherhood, childhood and old age and shall take care of juveniles and youths and provide them with agreeable conditions to develop their capabilities.
2nd — Children have the right to upbringing, education and care from their parents; parents have the right to respect and care from their children, especially in times of want, disability or old age.
3rd — Economic exploitation of children in any form is banned and the state shall take measures to guarantee their protection.
4th — Violence and abuse in the family, school and society shall be forbidden.
Article (112): The following duties will be shared by the federal and regional authorities:
6th — drawing up general education and childrearing policy, in consultation with the regions.
Despite our best efforts, we were unable to develop a contact in Iraq.
Additional Resources and Links
Iraqi Civil Code. Reprinted in Business laws of Iraq. Translated from Arabic into English by N.H. Karam, London, Graham and Trotman, 1981–1990 (looseleaf).
Tahir Mahmood, Statutes of Personal Law in Islamic Countries: History, Texts and Analysis (1995).
Islamic Family Law Project, Emory Law School. This brief outline of Iraqi family law does not say much about child protection. It says only: “Child Custody and Guardianship: divorce entitled to custody of boys or girls until age of 10 years, extendible to 15 years at which time ward may choose with which parent s/he wishes to live.”
Center of Islamic and Middle Eastern Law, Islamic Family Law
DePaul University project on legal reform in Iraq
www.iraqiembassy.org. The embassy's location and phone number are:
1801 P Street, NW
 Constitution of the Republic of Iraq, available http://www.usatoday.com/news/world/iraq/2005-08-24-iraqi-constitution-draft_x.htm, and also here, and also as .pdf Document, and also as Word Document.
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