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A un conversation on the righsts of the child in comparison with Iraqi law

2025
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Advisor: Doç. Dr. Uğur Bekir Dilek

Abstract (EN)

Throughout history, the issue of human rights including children's rights has been a central concern across civilizations, from Ancient Greece and Rome to the modern era. Thinkers in these ancient societies made significant contributions to the conceptualization of human rights, though the persistence of slavery and other oppressive practices led to profound injustices. In Ancient Egypt, the sun god's establishment of a legal order rooted in justice, truth, and honesty helped delineate early notions of human rights. Similarly, Mesopotamian civilization played a pivotal role in advancing these principles. The Code of Hammurabi, one of humanity's oldest legal texts, introduced crucial regulations on social, economic, and military matters, laying foundational standards for human rights. The 20th century marked a turning point with the development of international human rights law, fostering global awareness of the need to uphold these rights universally. The United Nations Charter enshrined principles aimed at protecting human dignity, while the UN Convention on the Rights of the Child (CRC) explicitly recognized children's rights as distinct and integral to the broader human rights framework. This convention underscored international law's commitment to safeguarding children's welfare. Islam, through its primary sources the Qur'an and Sunnah affirms the inherent dignity of human beings, describing them as Allah's entrusted stewards on Earth, created in the finest form and endowed with honor and accountability. Islamic teachings further emphasize the protection of children's fundamental rights and their holistic upbringing. Both Iraqi law, which draws heavily from Islamic jurisprudence, and international law demonstrate a strong dedication to protecting children's rights. Iraqi legislation comprehensively addresses the material and moral rights of children, both before and after birth. However, in recent centuries, Iraq's children have endured severe rights violations, including forced conscription, violence following invasion, displacement, and systemic issues such as limited access to education, child labor, and begging. Declining living standards, deteriorating education levels, and poor healthcare have further exacerbated these challenges. Despite Iraq's ratification of the CRC in 1994 and constitutional guarantees under the 2005 Permanent Constitution, children's rights remain inadequately enforced, severely restricting their opportunities for education and development. This thesis conducts a comparative analysis of children's rights under the UN Convention on the Rights of the Child and Iraqi law, examining their convergences and divergences. Based on these findings, the study proposes recommendations for enhancing children's rights protections at both national and international levels. Keywords: Law, Iraqi Law Human Rights, Children's Rights, UN Convention on the Rights of the Child

Author

Dr. Alı Arrak Ismael Ismael

How to Cite

Alı Arrak Ismael Ismael (Master Thesis). A un conversation on the righsts of the child in comparison with Iraqi law, 2025, Yalova University.

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