Constitution of the Republic of Iraq

The Constitution of the Republic of Iraq (2005) was ratified by a national referendum under the Transitional National Assembly of Iraq. The Iraqi Parliament, judiciary, and executive branches are responsible for implementing and upholding constitutional provisions. The document serves as the supreme law of the land and establishes a federal democratic system of governance. It enshrines provisions for the protection of human rights, emphasizing the protection of children from violence, exploitation, and abuse. Article 29 of the Constitution explicitly mandates the State to protect the family as the foundation of society and safeguard children from all forms of violence and neglect. Furthermore, Article 34 guarantees the right to free education at all levels. The Constitution was adopted following the 2003 invasion of Iraq and the fall of Saddam Hussein’s regime. Its drafting and adoption were part of efforts to rebuild the nation’s political and social framework under the international supervision of the United Nations and other civil society actors. Specifically, the document was meant to reflect a commitment to human rights, equality, and social justice in a diverse, post-conflict society.

The Constitution aligns with international human rights treaties, including the Convention on the Rights of the Child (CRC), to which Iraq is a signatory. For the first time in Iraq’s history, human rights and child protection were explicitly included in the country’s supreme law, creating a legal foundation for subsequent legislation. The constitutional guarantee of free education helped reinforce Iraq’s pre-existing compulsory education laws, emphasizing the importance of access to education as a fundamental right. Despite constitutional guarantees, enforcement mechanisms remain challenging. According to UNICEF, as of 2023, over 2.6 million children remain out of school in Iraq, highlighting the gap between policy and practice.[1] Traditional norms and practices, particularly in rural areas, continue to hinder the protection of children and the promotion of gender equality. Ongoing violence and instability since 2005 have disrupted the implementation of constitutional protections, particularly in areas affected by armed conflict and displacement. Meanwhile, challenges to judicial independence and corruption have undermined the overall enforcement of constitutional rights.

Overall, the Iraq Constitution is a milestone in establishing a framework for human rights and child protection in a post-conflict society. Its provisions reflect a commitment to addressing historical inequalities and creating a foundation for sustainable development. However, implementation remains a significant challenge. The impact of prolonged conflict, displacement, and weak governance structures has limited the realization of constitutional rights for many Iraqis, particularly children. For instance, UNICEF reports that, as of 2023, nearly 20% of Iraqi children experience violence at home, in school, or in the community, despite constitutional protections.[2] The strengthening of legal and institutional frameworks to ensure that constitutional rights are not only recognized but effectively enforced, remains a priority, particularly investment in child protection and education systems.

[1] UNICEF Iraq. “Education in Iraq: Overview and Challenges.” (2023). Available at: https://www.unicef.org/iraq.

[2] UNICEF. “The State of the World’s Children 2023: Violence and Child Protection.” Available at: https://www.unicef.org/sowc.