A comparative investigation of the governmental protection of guardianship-less women and children in the Iraqi and Iranian laws

Examining the situation of guardianless women and children is one of the most important issues that every society faces. In fact, the issue of guardianless women and children is not only discussed in our country but all over the world. The issues and problems of guardianless or orphan women and children are one of the most important concerns of governments. Therefore, all countries try to support guardianless and orphaned women and children in some way, but the amount of attention each pays to this issue is different. The necessity and importance of the present research is that it explains the level of effort of different countries and societies in relation to the rights of guardianless and orphaned children and women for healthy growth that is compatible with the customs of those societies and countries. The goal of this research is to learn about the laws that protect orphaned children and women. The main question of this research is: What are the protection laws for guardianless and orphaned children and women in Iraq and Iran? The sub-questions of the study are represented in the first sub-question, which is what are the special legal protection measures for unaccompanied children? The second sub-question is what are the special legal protection measures for unaccompanied women? The study reached a basic conclusion, which is that there is an urgent need for careful steps forward to protect women and children, and they must focus on ensuring basic needs for security, food, health care, education, and psychological and social integration and support. The safety, security and well-being of children must be at the forefront of the national agenda, to ensure a more positive future, economically and socially, and to protect children and adolescents and consider special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child abuse and limiting its effects. In particular by carrying out legal intervention on behalf of children and adolescents at risk or abuse. The study recommended the need to strengthen community rapid response mechanisms to prevent and respond to sexual violence and to identify and provide an appropriate response, including medical and psychological support for the social reintegration of women and children exposed to sexual violence. In this study, the researcher followed a comparative analysis approach based on the analysis of national legal texts, as well as a comparison between Iraqi law and Iranian law and laws related to the subject of the research.