The Constitutional And Criminal Grounds For Ensuring The Right To Health Security For Children With Disabilities

Abstract

This study aimed to check whether the Iraqi constitutional and criminal laws secure the health right for disable children. It also explored whether the Iraqi constitutional and criminal law provide the disable children with favorable conditions that enable them to develop physically, mentally, morally and spiritually in a natural and healthy way. The researchers obtained the descriptive analytical approach in investigating the constitutional and criminal texts that protect the right of children with disabilities to health security. In addition, the study compared between some Arab and foreign constitutions and criminal laws regarding the bases of the constitutional and criminal law responsible for protecting the right of disable children to health security. The study concluded that the Iraqi constitution of 2005 did not explicitly address the right of children with disabilities to health security, but rather included articles that dealt with the right of children in general to health security without discrimination. Likely, the Iraqi legislator has not legislated the Children Protections Law, which was referred from the Council of Ministers to the House of Representatives. The study indicates issuing an article in the Iraqi constitution that explicitly stipulates the right of children with disabilities to health security. It also recommends amending the Iraqi Law of Welfare for Persons with Special Needs (henceforth LWPSN) No. 38 of 2013 by issuing texts that explicitly punish anyone who endangers the health of a disabled child.