Juvenile Welfare Law (Law No. 76 of 1983)

The Juvenile Welfare Law (Law No. 76 of 1983) was adopted by the Revolutionary Command Council of Iraq under the Ba’athist regime. The law provides a comprehensive legal framework for addressing juvenile justice and welfare in Iraq. It outlines procedures for handling cases involving minors, emphasizing rehabilitation over punishment. The law defines juveniles as individuals under the age of 18 and categorizes minors into three groups: children (under 9 years), juveniles (9–15 years), and young adults (15–18 years). The law was enacted during a period of rapid social and economic change in Iraq. Recognizing the growing need for a structured juvenile justice system, the government sought to address juvenile delinquency, protect vulnerable youth, and promote their rehabilitation and reintegration into society.

The law established guidelines for juvenile courts, detention centers, and welfare institutions to ensure the rights and dignity of minors are upheld. Specialized courts were created to handle juvenile cases, ensuring that minors are treated differently from adults in the justice system, emphasizing educational and vocational training for juvenile offenders and promoting reintegration into society. The government also established welfare institutions and care homes to support vulnerable children, particularly those from impoverished or conflict-affected backgrounds.[1] By focusing on rehabilitation, the law reduced the use of harsh punishments for minors, aligning with international standards, including the UN Convention on the Rights of the Child (CRC).

Decades of war and instability severely weakened Iraq’s juvenile justice system. By 2022, UNICEF reported that over 1,300 minors were detained in Iraq, many in facilities lacking adequate rehabilitation programs.[2] Additionally, the welfare institutions and detention centers are often underfunded and overcrowded, limiting their ability to provide adequate care and rehabilitation. Social stigma associated with juvenile offenders often hinders their reintegration into society, particularly in rural and conservative areas. Civil society actors have argued that children are often detained and harshly sentenced for minor crimes, such as petty theft. Furthermore, a large number of children were born into detention as a result of their parents perceived affiliation with terrorist groups. Lastly, many officials working in the juvenile justice system lack specialized training in child protection and rehabilitation.

The Juvenile Welfare Law (Law No. 76 of 1983) was a progressive step in Iraq’s efforts to protect children’s rights and establish a juvenile justice system centered on rehabilitation and welfare. Its provisions align with international standards, such as the CRC, by emphasizing the best interests of the child.

Despite these strengths, the law’s implementation has faced significant challenges. A 2021 study found that nearly 70% of juvenile detention centers lacked adequate facilities for education and vocational training, undermining the law’s rehabilitative goals.[3] Moreover, systemic issues such as poverty, displacement, and social stigma continue to affect vulnerable youth, particularly in regions impacted by violence and displacement.

[1] UNICEF Iraq. “Rehabilitation and Reintegration of Juvenile Offenders in Iraq.” (2021). Available at: https://www.unicef.org/iraq

[2] UNICEF. “State of the World’s Children: Children in Conflict with the Law.” (2022). Available at: https://www.unicef.org/sowc

[3] Iraq Legal Institute. “Evaluation of Juvenile Detention Centers in Iraq.” (2021).