Research title / Family protection provisions in Iraqi law and the desired legal framework for it.

Authors

  • Louay Shawqi Naji Al-Amal University College Author

Keywords:

Family, Individual, Law, Protection

Abstract

Family protection means protecting women, children and men together, so protection here is for the human being regardless of age, health, mental and physical condition, and a title with this comprehensiveness required for research and writing to review several laws such as the Civil Code, Personal Status Law, Penal Code, Juvenile Law and Minor Care Law to identify the provisions that preserve all the rights of the natural person, and certainly the individual is most in need of support and protection due to customs, religious laws and prevailing laws in addition to traditions that violate the rights of the individual, especially women and children, provided that the laws prevailing in Iraq and its surroundings include general provisions that do not take into account the gender and age of the individual, whether in rights or duties. This required that we make the research into two requirements, the first of which we devoted to reviewing the provisions related to family members in Iraqi laws.

The second requirement was devoted to the provisions for protecting the family in general as the nucleus of society. We concluded in the results and recommendations that it is important to enact a law to protect the family and reduce domestic violence so that it would be an addition and complete the deficiencies that the legislator should stipulate in laws such as the Penal Code, Personal Status Code, and other laws

References

Dr. Ahmed Al-Kubaisi_Al-Wajeez fi Istakhrat Al-Qanun Al-Fitah Al-Fitah/2nd ed. p. 220

Dr. Ali Hussein Al-Khalaf_General Principles of the Penal Code_Baghdad_p. 261

Assistant Professor Sultan Al-Shai_General Principles of the Penal Code_Baghdad_p. 399

Articles 15 and 29 of the Iraqi Constitution of 2005

Articles 38 and 39 of the Iraqi Civil Code 40 of 1951

Articles 3, 7, 23, 24, 27, 29, 34, 35, 36, 40, 41, 43, 51, 52, 53, 54, 57, 58, and 63 of the Personal Status Law 188 of 1959 as amended

Articles 1, 2, 3, 4, 24, 25, 26, and 29 of the Juvenile Law No. 76 of 1983 as amended

Articles 1, 2, 3, 27, 30, and 32 Articles 33, 34, 35 and 37 of the Minors’ Care Law No. 1980

Articles 376, 377, 380, 381, 382, 383, 384, 385, 390, 393, 398, 399, 406, 407, 409, 411, 414, 417 and 427 of the Penal Code No. 111 of 1969 as amended

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Published

2025-06-30

Issue

Section

Legal research