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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/IRQ/5
Last reported: 26 and 27 October 2015
Concluding Observations issued: 4 November 2015
Issues raised:
Harmful practices that discriminate against women and girls: The Committee is concerned at reports of early, “temporary” and forced marriages. While welcoming the efforts undertaken to combat female genital mutilation (FGM) in the Kurdistan region, including its criminalisation, the Committee is concerned that this practice has not yet been prohibited in the rest of the State party’s territory (arts. 2, 3, 7, 23 and 24). (para 15)
The State party should strengthen its efforts to prevent and eradicate harmful practices that discriminate against women and girls, particularly early, temporary and forced marriages and FGM, including by taking more vigorous measures to generate public awareness about their negative effects. It should also ensure that any form of FGM is prohibited in all its territory and that relevant criminal legislation in the Kurdistan region is efficiently enforced. The State party should further guarantee that victims of these practices have access to effective remedies. (para 16)
Allegations of human rights violations in the context of the ongoing armed conflict: The Committee deplores the information on the grave crimes under international law perpetrated by the so-called Islamic State of Iraq and the Levant (ISIL) and affiliated groups, including killings, abductions, enslavement, rape, torture, recruitment of children, and forced marriages. In this respect, it notes with concern the report of the High Commissioner for Human Rights concluding that ISIL may have perpetrated genocide against the Yezidi community as well as crimes against humanity and war crimes (A/HRC/28/18, para. 78). While noting the information provided by the State party on its efforts to protect civilians in combat zones, the Committee is also concerned about allegations of human rights violations committed by Iraqi Security Forces and affiliated armed groups against civilians in their efforts to defeat ISIL, including extrajudicial killings, torture and indiscriminate attacks (arts. 2, 6, 7, 9, 24 and 27). (para 19)
The State party should make more vigorous efforts to ensure that: (a) All serious human rights violations are independently, promptly and thoroughly investigated; that perpetrators are brought to justice and adequately sanctioned as soon as feasible; and that victims receive full reparation; (b) Its forces, groups under its control and forces collaborating with it do not perpetrate human rights violations and take all necessary precautionary measures to avoid civilian casualties; (c) All persons under its jurisdiction, in particular those most vulnerable due to their ethnicity or religion, are afforded the necessary protection from violent attacks and gross human rights violations; (d) Victims, particularly women and girls released from ISIL, receive adequate support, and that children who have been used or recruited into armed conflict receive adequate assistance for their physical and psychological recovery and reintegration. (para 20)
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CCPR/C/79/Add.84
Last reported: 27 October 1997
Concluding Observations issued: 19 November 1997
Issues raised and recommendations given:
No mention of children's rights
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UN Committee on Economic, Social and Cultural Rights
E /C.12/IRQ/CO/4
Last reported: 29 and 30 September 2015
Concluding Observations issued: 27 October 2015
Issues raised:
Gender-based violence: The Committee is concerned about the prevalence of gender-based violence in the State party. While taking note of the existence of a domestic violence act, albeit only in the Kurdistan region, and of the information provided by the delegation on the availability of shelters in central and southern Iraq run by the Organization of Women’s Freedom in Iraq, the Committee is concerned that shelters for victims of violence remain insufficient and inadequately resourced, and that women victims of violence are very often unaware of the location of such shelters and the procedures to follow in order to gain access to them. The Committee is further concerned about the maintenance of the provision in the Penal Code that entails exoneration of rapists should they marry the victim, as well as other provisions that allow mitigated sentences for violent acts against girls and women committed under the pretext of family honour. Moreover the Committee is concerned that women and girls freed from the hands of ISIL receive very little support for their treatment and recovery, and may be subject to tribal violence upon release (art. 10). (para 39)
The Committee recommends that the State party step up its efforts to combat and deter all acts of violence. To this end, the Committee recommends that the State party: (a) Effectively and diligently investigate all such acts, bring perpetrators to justice, punish them if convicted and compensate victims; [...] (e) Redouble its efforts to protect all persons, particularly women and girls, from attacks by ISIL and associated armed groups; (f) Take specific measures to provide psychological and other necessary support services and recovery to women and girls freed from ISIL and ensure that they are not further subject to tribal violence. (para 40)
Harmful practices: early, temporary and forced marriages: The Committee is concerned about the revival of early, temporary and forced marriages in the State party (art. 10). (para 41)
The Committee urges the State party to take the steps necessary to address the rise of harmful practices against girls and women, including early, temporary and forced marriage. It should, among other things, ensure strict adherence to the legal provision that sets the minimum age for marriage for both sexes at 18, provide for deterrent punishments for forced marriages and conduct widespread educational campaigns on the harmful effects of such practices. (para 42)
Child protection: The Committee expresses its concern about the large number of children who have lost their parents, many of whom live in the street (about 500,000) or in State hostels. The Committee further expresses its concern about the rise in child labour in the State party, including under hazardous conditions, and that sanctions for those violating child labour provisions are not enforced. Moreover, the Committee is concerned about the increased use of children in the armed conflict, notably by ISIL and affiliated armed groups but also by State-backed militias, and the insufficient safeguards to prevent the recruitment of children (art. 10). (para 43)
The Committee recommends that the State party adopt an overarching child protection policy, paying special attention to: (a) Strengthening its alternative care programme for children without a family environment, with adequate human, technical and financial resources to facilitate their recovery and social reintegration; (b) Addressing more effectively the situation of child labour, including by increasing labour inspections and identifying, as a matter of priority, those groups of children who are more vulnerable to being engaged in labour and assisting them, and introducing harsher sanctions for those exploiting children; (c) Combating the root causes that lead to the increased involvement of children in the armed conflict, adopting legal and other safeguards to prevent child recruitment and bringing to justice all those involved in the recruitment and use of children in the armed conflict; (d) Fulfilling its obligations to provide demobilized boys and girls with appropriate assistance for their physical and psychological recovery and their social reintegration. (para 44)
Poverty: The Committee is concerned about the prevalence of poverty in the State party, which disproportionately affects children, women, minorities, internally displaced persons and people living in rural areas. The Committee notes with concern that previous economic growth in the years 2005-2012 did not yield satisfactory results in reducing poverty (art. 11). (para 45)
The Committee recommends that the State party step up its efforts to reduce poverty in the State party, including by adopting a human-rights-based poverty reduction strategy that addresses the needs of disadvantaged and marginalized individuals and groups, and by allocating sufficient funds for its implementation. In this regard, the State party is referred to the Committee’s statement on poverty and the International Covenant on Economic, Social and Cultural Rights of 2001 (E/C.12/2001/10). (para 46)
Right to education: The Committee is concerned about the decrease in school enrolment and attendance and the increase in school drop-out and illiteracy rates, especially among girls. It is also concerned about the limited availability of schools, and the fact that many of them are in poor physical condition and lack essential facilities. The Committee is further concerned that children with disabilities and internally displaced children face particular barriers in access to education (arts. 13 and 14). (para 55)
The Committee recommends that the State party effectively implement the national education and higher education strategy for the period 2011-2020. It also recommends that the State party take all measures necessary to reintegrate children affected by the armed conflict into the educational system, including through non-formal educational programmes and by prioritizing the restoration of school buildings and facilities. The Committee further recommends that the State party take specific measures to ensure that internally displaced children and children with disabilities enjoy equal access to education. (para 56)
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E/C.12/1/Add.17
Last reported: 20 / 21 November 1997
Concluding Observations: 12 December 1997
Issues raised and recommendations given:
Child Labour: The Committee further expresses its concern about the increase in child labour, and regrets the lack of information on any measures taken by the authorities to address this problem. In particular, the Committee regrets the lack of information on any inspection mechanisms in place to survey the implementation of the Labour Act No. 71 of 1987 regulating the protection of young persons with regard to employment and conditions of work. Moreover, the Committee notes with concern that, in accordance with article 96 of the Labour Code, children employed in family undertakings under the authority or supervision of the father, mother or brother are not protected by the specific provisions of Labour Act No. 71 of 1987. (Para. 19)
The Committee urges the Government to provide, in its next periodic report, concrete and comprehensive information on measures taken or foreseen in order to address the psychological and emotional problems affecting children after years of armed conflict and related economic and social constraints, and the problem of child labour. Moreover, the Committee stresses the need for protection of all working minors, including those employed in family undertakings, and it recommends that article 96 of the Labour Code be reviewed accordingly. (Para. 34)
Education: The Committee is alarmed by the rapidly increasing rate of illiteracy in Iraq, now estimated at 54 per cent, especially among women, a situation aggravated by the current difficult situation. (Para. 23)
It also reiterates its concerns with respect to the lack of information on the implementation of article 13 of the Covenant regarding: mandatory and free primary education; human rights education; equal educational opportunities for women; the lack of available statistical and other data with respect to the implementation of the right to education in Iraq; infringements of academic freedom by the authorities; measures that affect the cultural heritage of certain religious communities and minorities; and Government control over the choice and broadcasting of minority language radio programmes. (E/C.12/1994/6, paras. 9 and 11-14) (Para. 24)
The Committee recommends that urgent and concrete steps be taken to ensure that the provisions of the Covenant are made widely known among the population. To this end, the Committee recommends that systematic education programmes on the rights enshrined in the Covenant be set up in all schools and other educational institutions. (Para. 27)
Armed Conflict: The Committee urges the Government to provide, in its next periodic report, concrete and comprehensive information on measures taken or foreseen in order to address the psychological and emotional problems affecting children after years of armed conflict and related economic and social constraints, and the problem of child labour. Moreover, the Committee stresses the need for protection of all working minors, including those employed in family undertakings, and it recommends that article 96 of the Labour Code be reviewed accordingly. (Para. 34)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/304/Add.80
Last reported: 9 / 10 August 1999 Concluding Observations issued: 19 August 1999
Issues raised:
No mention of children's rights
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/IRQ/CO/4-6
Last reported: 18 February 2014 Concluding Observations issued: 10 March 2014
Issues raised and recommendations given
IDPs/Refugees/Asylum seeker: The Committee is concerned at the increasing number of refugees from Syria, in particular women and girls, in the State party and the need to ensure their access to basic services and protection. The Committee recommends that the State party ensure that immediate humanitarian assistance needs and protection requirements are complemented with long-term strategies in support of returnees, internally displaced and refugee women’s socio-economic rights and livelihood opportunities, enhanced leadership, and participation; with a view to empowering them to choose durable solutions that suit their needs. The Committee further recommends that the State party address the specific risks and particular needs of different groups of returnees, internally displaced and refugee women who are subjected to multiple and intersecting forms of discrimination. (Paras. 13-14)
Stereotypes and harmful practices: The Committee is concerned at the persistence of deep-rooted patriarchal attitudes and stereotypes in respect of women’s roles and responsibilities which discriminate against women and perpetuate their subordination within the family and society and have been exacerbated by the sectarian and religious divisions in the State party.
It is deeply concerned at: (a) The high prevalence of harmful practices that discriminate against women, such as child marriage, temporary marriage and crimes committed in the name of “honour”; (b) Discriminatory provisions in the Penal Code (Act No. 111 (1969)) that allow perpetrators to invoke the defence of honour as a mitigating circumstance for such crimes (articles 128, 130 and 131); (c) The low number of criminal charges brought to court despite the enactment of legislation repealing legal concessions to perpetrators of crimes committed in the name of “honour” (Act No. 14 (2002)) in the Kurdistan Region, with the cause of death in cases involving killings of women commonly being recorded as unknown or suicide; (d) Reports indicating the suspiciously high incidence of cases of self-immolation in the Kurdistan Region; (e) The prevalence of female genital mutilation in the Kurdistan Region, in particular in rural areas, even though the practice is criminalized (Act No. 8 (2011)) and, according to the State party’s delegation, is becoming less common in the Kurdistan Region. (Para. 25)
The Committee recommends that the State party adopt a comprehensive strategy to eliminate all harmful practices and stereotypes, in particular child marriage, temporary marriages and crimes in the name of so-called honour; and repeal articles 128, 130 and 131 of the Penal Code to ensure that perpetrators of crimes in the name of so-called honour cannot invoke the defence of honour as a mitigating circumstance for such crimes. (Para. 26)
Trafficking: The Committee is concerned that women and girls often become victims of trafficking by being kidnapped or under false promises of marriage and job opportunities. It is further concerned at the lack of information about the extent of trafficking in persons in the State party. The Committee notes with concern the criminalization of prostitution in the State party and the harsh prison sentences imposed on women involved in prostitution sometimes from 15 years to life imprisonment. (para. 31)
The Committee recommends that the State party establish effective mechanisms for the investigation, prosecution and punishment of trafficking offenders as well as mechanisms for the early-identification of victims, support services for victims and measures for witness protection; conduct nationwide awareness-raising campaigns on the risks of trafficking targeted at women and girls, and provide systematic training to all relevant law enforcement officials on its causes and consequences; take all appropriate measures to ensure the immediate release from prison of women serving sentences on grounds of prostitution. (para. 32)
Nationality: The Committee is concerned that while Iraqi men may transmit their nationality to their children born outside of the State party’s territory on the basis of descent to a male national, Iraqi women may only transmit their nationality to their children born outside of the State party’s territory if the father is unknown or stateless and subject to the discretion of the Minister of the Interior. The Committee recommends that the State party amend the discriminatory provisions of Law so as to ensure that women and men enjoy equal rights to acquire, transfer, retain and change their nationality, in line with article 9 of the Convention. (Paras. 36-37)
Health: The Committee is concerned about research results indicating that the presence of toxic levels of mercury has led to an increase in birth defects and miscarriages. It is also concerned about women’s lack of adequate access to family planning and the low use of contraceptives due to patriarchal attitudes, as well as scarcity of information provided with respect to abortion and post-abortion services. (Para. 42)
The Committee recommends that the State party: Adopt concrete and well-coordinated measures to address the continuing deteriorating environmental conditions, in order to reduce the incidences of birth defects in children as well as cancers and miscarriages in women; Improve women’s access to health-care facilities and medical assistance by trained personnel, including by female-health care professionals, especially in rural and remote areas; Conduct awareness-raising campaigns to eliminate patriarchal attitudes and cultural beliefs that impede women’s free access to family planning services and contraceptive methods; and ensure that these services and methods are available, affordable and accessible to women. (Para. 43)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/IRQ/2-3
Last reported: 14 June 2000
Concluding Observations issued: 30 June 2000
Issues raised and recommendations given:
Nationality: The Committee is also concerned that Iraq’s nationality law, which is based on the principle that the members of a family should all have the same nationality and that none should have dual nationality or lose their nationality, does not grant women an independent right to acquire, change or retain their nationality or to pass it on to their children. (Para. 187)
Stereotyping: The Committee urges the Government to implement awareness-raising campaigns to change stereotypical and discriminatory attitudes concerning the roles of women and girls, in addition to providing a non-discriminatory legislative basis. It also urges the Government to work towards the elimination of the practice of polygamy, in light of the Committee’s general recommendation 21 on marriage and family relations. It also urges the Government to ensure that gender-sensitive public education campaigns at all levels create a non-discriminatory environment. (Para. 192)
Education: The Committee notes with concern the level of illiteracy among women, the increasing rate at which girls drop out of secondary and higher education, and the low representation of women in technical schools. (Para. 197)
The Committee also calls on the Government to strengthen efforts to eradicate illiteracy and to ensure primary and secondary education for girls by preventing school dropouts. It further urges the Government to broaden the educational and training opportunities for girls and young women at the secondary and tertiary levels and in technical fields. It urges the Government to give particular attention to ensuring that girls and women have equal access to new specializations, including the opportunity to acquire skills and knowledge to participate on a basis of equality with men in the labour market and in the future reconstruction of the country. (Para. 198)
Health: The Committee recognizes that sanctions have had a negative impact on women and children in areas such as health care, nutrition, employment and other basic social services. The Committee nevertheless is concerned at the failure of the Government to put in place specific and targeted measures to address these problems. (Para. 201)
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UN Committee against Torture
Ratified in 2011, but not yet reported.
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UN Subcommittee on Prevention of Torture
No visits.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Not yet signed or ratified.
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UN Committee on Enforced Disappearance
CED/C/IRQ/CO/1
Concluding Observations on the Reports Submitted Under Article 29 (1)
Adopted by Commmittee: 7-8 September 2015
Published: 16 September 2015
Issues Raised:
Legislation Concerning the Wrongful Removal of Children
The Committee notes with concern that in the legislation in force there are no provisions that specifically criminalize the actions relating to the wrongful removal of children referred to in article 25 (1) of the Convention (art. 25). Thus, the Committee recommends that the State party adopt the legislative measures necessary to make the actions referred to in article 25 (1) of the Convention specific offences and that it establish penalties for such actions that are commensurate with their extreme gravity.
(paras. 37, 38)