Assessment of the child protection system in Iraq/Kurdistan
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Assessment of the child protection system in
Iraq/Kurdistan
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Background
• Diakonia in Iraq/Kurdistan since 1994
• Operating 3 centers for social protection/child protection
• Improve capacities and respect for child protection
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Assessment in two phases
• 1) A child protection systems assessment covering legislation, procedures and needs for capacity building
• 2) How to improve the quality of work performed by the three centers
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Iraq/Kurdistan
• Federal entity since 2005
• Population almost 4 million
• 36% 0-14 years, 4% above 63
• More than 50% are under 20 years
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Child protection systems assessment in Iraq/Kurdistan
• Legal framework• Coordination mechanisms• Available services• Human and financial resources• Children’s and parents’ access to
service
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Constraints and limitations
• Not possible to visit services providers• Not enough interviews with civil society• Not possible to meet with extremely
vulnerable children• Sample group of children and parents
came from Dohuk• Lack of reliable statistics
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International legal framework
• The CRC (1994)• The ILO Conventions 138 and 182 (1985
and 2001)
• Not party to the two Optional Protocols of the CRC
• Not party to the Conventions on the Status of Refugees or Statelessness
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National legal framework
The Iraqi Constitution (2005) endorses the CRC
• State and family the main duty bearers
• Economic exploitation prohibited• All forms of violence and abuse in the
family, school and society prohibited• All forms of psychological and
physical torture prohibited
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A Kurdistan Child Rights Law in process
• With UNICEF support
• Currently children’s rights and responsibilities are defined in the Juvenile Law, the Social Law and the Labour Law.
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Interviews
Ministries of • Labour and Social Affairs (and general directorate
in Dohuk)• Interiors• Justice• Education• Health (and general directorate in Dohuk)Five NGOs (partners of Diakonia)Parents and children (in Dohuk)
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UNICEF
• Study on VAC• Develop internal policies for law
encorcement• Support Child Helplines• Mine risk education, psychosocial
support
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Questionnaire for ministries
• The definition of child protection• The legal framework• The services provided in terms of
prevention, detection, reporting and response
• The coordination• The human resources
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MoLSAExample of matrix
What are the services provided? Who provides them?Action Details Provided by
whomContact details of provider
Prevention
Detection
Reporting
Early intervention
Family support
Response
Reintegration
Alternative care
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Coordination
MoE MoH MoI MoJ
Prevention
Detection
Reporting
Response
Legal framework,policies, protocols
Method of coordination
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MoLSA
• Juvenile law: ”Prevent the phenomena of juvenile offense by protecting the juvenile from delinquency”
• The social law: nothing but 2 small references to children with disabilities
• The child labour law
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Directorate of Social Care and Development:• Special care (”orphanages”)• Centers for children at risk of delinquency (street children)• No detection of children in need of social support• No reporting mechanism• Plan to establish Help-lines (with support from UNICEF)
Directorate of Labour• No programme to address child labour
Directorate of Reformatory:• In charge of institutions for children in conflict with the law in close collaboration
with Ministry of Interior
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Ministry of Interiors
• Protects the population from crime and terrorism
• Juvenile Police stations detect children in conflict with the law or children at risk of delinquency
• Child protection is a family matter• Need for capacity building on how to talk
to and interrogate minors
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Ministry of Justice
• Juvenile courts – minimum age 11If sentenced• Juvenile reformatoryIf delinquent• Rehabilitation centers• Parents risk to loose custody
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Ministry of Education
• Law prohibiting physical and phsycological punishment
• Law on free and compulsory education
• No mechanism for detection, response or referral
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Ministry of Health
• No protocol for detection, reporting and assistance – doctors are prohibited
• Children not allowed to go to the hospital without parent
• Need for capacity building on how to talk to children, help them overcome traumas
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Focus group discussions
• Fathers (10)• Mothers (36)• Boys (19) • Girls (8) Children aged between 4 and17
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Discussions focused on:
• Definition of child protection• national and international law• access to and opinion about
available reporting mechanism• access to and opinion about
responsive services
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Example of matrix
Reporting mechanisms YES
NO
Comments
Police station
Social workers in the MoLSA
Doctors in the hospital
Teachers in schools
Counselors in schools
Local or international NGOs
Mukhtars
Imams
Other members of the community
•Do you use these reporting mechanisms?•Which specific cases of violence, abuse, neglect and exploitation you think should be reported?
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Fathers
• Concerned about protection in school• Law against domestic violence is
humiliating and increase divorce rate• Better to address root causes by
teaching children about non-violence
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Mothers
• Aware of law, but limited knowledge• VAC is culturally accepted and
mothers are the main perpetrators• If a child is punished in school he/she
deserves it• Protection issues in the home cannot
be reported
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Children
• Not aware of a law on child protection but some had heard of the CRC
• All aware of the juvenile law• All had been subject to physical
punishment in school - report to parents• Most violence takes place between
children
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Summary
• Violence against children is a family affair
• The system in place is a child correction system
• Children are perceived as perpetrators not victims of rights violations
• Protection is ”education, health, food”
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Summary cont…
• Reporting and referral mechanism do not exist – only for the detection and response of children in conflict with the law
• Lack of specialised staff on child protection within MoLSA
• General lack of capacity to understand child protection and knowledge about the law
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Summary cont…
• Lack of disaggregated data• Lack of awareness among parents
and children on children’s rights, the negative impact of violence, alternative discipline, how to prevent exposure to risks
• Insufficient coordination
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Reflections
• Did we ask the right questions?• What were the traditional
protection mechanisms?• The current law reinforces the
current belief• The ocean of preventive measures
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To be continued…..
Thank you for your attention!