Protection of children’s rights and mechanisms for their inclusion in Iraqi law, Islamic law and international conventions

Children’s rights are considered among the fundamental principles in the forming of a properly-functioning society and play a major role in determining the future of social communities. Accordingly, the present study conducts an analytical investigation of the children’s laws in Sharia, Iraqi laws, and international conventions and charters. Further, it examines just how much these laws focus on human rights in general and children’s rights in particular. Further, it examines what makes a nation recognize children’s rights in sacred laws or other legal and religious mechanisms. Such laws have been enacted to protect a child’s personal rights as a helpless and fragile person that require special attention. Throughout the present research, it was made clear that Sharia has given special attention to the subject of children’s rights. It guarantees many children’s rights from before their conception until their puberty, whose rights are then ensured by finding him a virtuous, religious, modest and suitable spouse who will be responsible for the nurturing and proper upbringing of their children. Islamic scriptures, most prominently the Quran, Sunnah and the hadiths of the Ahl al-Bait and the preachings of the Sahabah, ensure a comprehensive collection of rights for children. The treatise at hand focuses on certain children’s rights in particular, including breastfeeding rights, child custody, proper and dignified naming, alimony, the right to a healthy life and proper education, and the mechanisms that Islam has put forward to safeguard such rights. Islam’s special attention to human rights and children’s rights is evidence of this religion’s greatness. The following documents have been analyzed in the present research, the Iraqi constitution enacted in 2005, Minors Care Act No. 78 of 1980, Iraqi Penal Code Law No. 111 of 1969), Juveniles Welfare Act No. 76 of 1983, 1959 Iraqi Personal Status Law No. 88 and other related scripture. Given the abundance of the children’s rights laws in the country, the present treatise only focuses on a certain number of these laws, including the child’s right to be breastfed, custody, suitable, dignified name, and the legal mechanisms and methods put forward to safeguard the child’s right to life, and their right to proper healthcare and education. Regarding related charters, agreements and international laws, the first instant international law dedicated to the protection of children was enacted in the early 20th century. The English Save the Children organization was established in 1919. The first European union dedicated to children’s rights was established in 1920 in Geneva under the name International Union for Child Care. The union’s first official children’s rights statement was drafted in January 1920 and enacted by the Union’s general assembly in the same year. The most important charters of children’s rights are those drawn up by the union and ratified by the member states in 1989, which are a summarized version of various international laws, charters and agreements on children’s rights. Efforts to protect children and childhood continued with increasing popularity and culminated in the world summit for children in 1990. The views of local and international communities in regard to children’s rights have become more informed. Nowadays, children’s rights are considered a subset of human rights, and any violation of these laws cannot go unnoticed or unpunished. Despite the numerous rights that various international laws and charters focus on, the present treatise is interested in such rights as the child’s right to be breastfed, custody, dignified name and legal mechanisms put in place to safeguard children’s rights as well as their right to proper education and healthcare. Children’s rights in Sharia have been thought preferable over the author’s findings in many segments throughout the treatise. The study is then concluded with a final recommendations section.