Child protection in criminal law: between prevention and punishment

Abstract

This research aims to study child protection in criminal law from a dual perspective, combining prevention before a crime occurs and punishment after it occurs, to ensure the child's safety and the preservation of their rights. The research addresses two main sections: The first section focuses on preventive protection, clarifying its nature and legal basis, and outlining the forms and mechanisms of preventive measures before a crime occurs and during potential danger. It reviews relevant Iraqi legal texts, such as the Penal Code No. 111 of 1969 (as amended) and the Juvenile Welfare Law No. 76 of 1983 (as amended), in addition to international standards such as the Convention on the Rights of the Child of 1989.

The second section focuses on punitive protection, reviewing the scope of criminalization in crimes against children and the specific penalties prescribed for their protection. It also examines the effectiveness of this protection and the challenges in its application, including the adequacy of legal texts and practical challenges in implementation, such as judicial delays, weak coordination among competent authorities, resource shortages, and the impact of social and cultural factors on child protection.

The research concluded that child protection requires a balance between prevention and punishment, along with developing legal texts to keep pace with modern crimes and ensuring their effective implementation by judicial and executive authorities, as well as raising societal awareness of children's rights. The research emphasizes that the legal protection of children is not solely the responsibility of the state, but requires concerted efforts from families, civil society, educational institutions, and the judiciary to achieve a safe and sustainable environment for children's development and the protection of their rights.