Since 2003, Iraq has witnessed profound transformations in its legal system, driven by the desire to build a democratic state that respects human rights. These transformations have involved not only the issuance of new Iraqi laws but also substantial amendments to existing laws, aiming to align them with international standards and meet the changing needs of Iraqi society.

The development of new Iraqi laws can be traced through several key phases, starting from the period of the Coalition Provisional Authority to the legislation enacted under the elected Iraqi government. It is important to note that this transformation faced significant challenges, including political conflicts, corruption, and a lack of specialized legal competencies.

New Iraqi Laws

In this article, Osama Tuma for Legal Services and Advisory will detail a collection of new Iraqi laws:

New Labor Law (Law No. 37 of 2015)

The new Iraqi laws represent an evolution of existing laws, with Law No. 37 of 2015 being an example of these laws. This law does not only specify the basic rights of workers and employers but also includes detailed provisions regarding contracts, vocational training, and labor dispute resolution. For instance, the law defines various types of contracts (fixed-term, indefinite-term, temporary work) and sets specific conditions for each type.

It also provides for the establishment of labor councils responsible for amicably settling disputes before resorting to courts. It is noteworthy that the law faces some criticism from labor organizations due to its inadequacy in protecting the rights of workers in the private sector and the lack of effective mechanisms for enforcing certain provisions.

Basic Workers' Rights

• Fair Wages: The law sets a minimum wage, ensuring that workers receive salaries that reflect the cost of living and contribute to improving their living standards.
• Regulated Working Hours: The law regulates daily and weekly working hours, ensuring rest periods and paid annual leave.
• Occupational Safety and Health: The law requires employers to provide a safe and healthy work environment, including measures to protect workers from accidents and occupational diseases.
• Social Insurance: The law guarantees social insurance for workers, including health insurance and accident insurance, providing a safety net for workers in emergencies.

Employers' Rights

• Flexibility in Hiring: The law grants employers greater freedom in hiring workers and managing the workforce according to their operational needs.
• Structured Termination: The law outlines clear conditions and procedures for terminating workers, including the entitlements due in cases of arbitrary dismissal.

Domestic Violence Prevention Law (Law No. 8 of 2020)

This law, as one of the most prominent new Iraqi laws, goes beyond merely defining forms of violence; it also specifies the responsibilities of governmental and non-governmental institutions in providing support to victims. It mandates the establishment of family protection units in police stations and hospitals, training personnel to handle domestic violence cases.

The law imposes severe penalties on perpetrators of violence, including imprisonment and fines. However, the enforcement of the law continues to face challenges due to social and cultural norms that tolerate domestic violence and a lack of resources allocated for its implementation.

Comprehensive Definition of Domestic Violence

• Forms of Violence: The law includes physical, psychological, sexual, and economic violence, providing clear definitions for each type to ensure effective application.
• Legal Procedures: The law specifies the procedures for filing complaints and investigating them, providing immediate legal protection for victims to ensure their safety and security.

Victims' Rights and Protection

• Immediate Protection: The law provides mechanisms for swiftly protecting victims, including emergency protection orders preventing the aggressor from approaching or contacting the victim.
• Psychosocial Support: The law ensures the provision of psychological and social support to victims, including the establishment of temporary shelter centers and counseling services to assist them in recovery and reintegration into society.

New Education Law

The new education law is considered one of the most important new Iraqi laws, having undergone significant amendments aimed at enhancing students' rights and ensuring the quality of education. It stipulates the right of all children to free education up to the secondary level, contributing to reducing the educational gap among different societal groups. Additionally, the law prohibits discrimination in education based on gender, religion, or ethnicity.

The law's provisions include periodic curriculum development to meet market needs and enhance students' practical skills. It also emphasizes the importance of continuous teacher training through specialized programs that ensure the delivery of high-quality education.

Public Health Law

The new Iraqi laws focus on patients and their situations, where the public health law includes details about patients' rights, including the right to obtain complete information about their health status and available treatment options. It also mandates the establishment of ethics committees in hospitals and health institutions to ensure the protection of participants' rights in medical research.

Furthermore, it emphasizes preventive health through awareness programs, vaccination, and early disease screening. The law faces challenges due to the shortage of doctors and nurses, the deterioration of hospital infrastructure, and corruption in the health sector.

The law also stresses the protection of patients' privacy and the confidentiality of their medical information, ensuring ethical handling of their personal data. Moreover, the law includes health awareness as a basic part of the responsibilities of health authorities, by providing awareness programs aimed at promoting the importance of prevention and proper nutrition.

Regarding improving health services, the law commits to developing healthcare center infrastructure and upgrading it to meet modern standards. It also mandates the provision of continuous training programs for doctors and nurses.

Environmental Law

The new environmental law is considered one of the most important new Iraqi laws, representing a significant step towards protecting natural resources and preserving the environment in Iraq. It stipulates the right of citizens to live in a clean and healthy environment.

The environmental law does not only address pollution control; it also includes strategies for protecting biodiversity and sustainably managing natural resources. It mandates the establishment of nature reserves to protect endangered plants and animals and encourages the use of renewable energy and clean production technologies.

Additionally, the law requires companies and institutions to conduct environmental impact assessments before commencing any projects that might affect the environment. This law faces some challenges due to weak environmental oversight, a lack of awareness of the importance of environmental protection, and political conflicts that hinder tough environmental decision-making.

How to Maximize Benefits from New Iraqi Laws

To achieve the greatest benefit from the new Iraqi laws, citizens should follow several essential steps. First, legal awareness is a fundamental pillar. Citizens can access legal texts through official government websites or specialized legal publications.

Additionally, they can obtain legal consultations from specialized lawyers or NGOs that provide free legal services.

Second, community participation plays a vital role in enhancing the effectiveness of new Iraqi laws. Citizens can participate in awareness campaigns organized by government agencies or NGOs to raise awareness about rights and laws.

They may also interact with government agencies by filing complaints or requests for information or legal protection when necessary.

Finally, enhancing self-awareness of the new Iraqi laws is a fundamental step towards benefiting from the new laws. Citizens can bolster their legal knowledge through continuous education and participation in courses and seminars organized by universities or legal institutions.

They can also benefit from reading and researching specialized books and articles that deal with laws and rights.

In conclusion, the new Iraqi laws represent a pivotal step towards achieving social justice and protecting citizens' rights. By understanding and familiarizing themselves with these laws, citizens can benefit from their rights and contribute to enhancing social and economic stability.

Legal awareness, community participation, and continuing education are essential elements for achieving a fair and sustainable legal system that serves the entire community.

Osama Tuma for Legal Services and Advisory aims to provide the latest legal information to keep up with developments in the new Iraqi laws.