Criminal protection for autistic children
Keywords:
substantive procedural criminal protection, autistic childrenAbstract
Children with autism are considered one of the most vulnerable groups in society, and their reality requires effective legislative intervention, as they are among the categories that require special legal care due to their social and psychological fragility and their difficulty in understanding the potential abuse or exploitation they might face. This group represents an important segment of society, as their percentage and numbers are increasing day by day. With the development of awareness among individuals and communities, the stages of protection for autistic children have evolved; after being viewed with limited perception, today the focus has shifted to comprehensive care methods, enabling them to live their lives and manage their own rights according to their capabilities and specific needs. The Iraqi legislator has paid attention to this group through numerous legislative and constitutional texts, establishing many guarantees and rights for them and working to protect and rehabilitate them socially. Legislation has emphasized harsher penalties for offenders who commit crimes against this vulnerable group. In this study, we will attempt to clarify how the Iraqi legislator has provided criminal protection for children with autism.
References
The Holy Quran
First - Linguistic Dictionaries
1. Ashraf Saad Nakhl: Psychology of Children with Special Needs, Ibrahim Mustafa and Ahmed Hassan Al-Zayat, Al-Mu'jam Al-Wasit, Vol. 2, n.d., Dictionary of the Arabic Language, n.d., 1985, p. 560, Special Needs, Dar Al-Fikr Al-Jami'i, Cairo, 2013.
Second: Legal Books:
1. Amin Al-Quraiti Abdul Muttalib: Psychology and Education of People with Special Needs, 5th ed., Anglo-Egyptian Library, Cairo, 2012.
2. Hussam Al-Din Abdul Rahman Al-Ahmad: Legal Protection of the Rights of People with Special Needs, 1st ed., Al-Halabi Legal Publications, Beirut, 2011.
3. Hussam Al-Din Abdul Rahman Al-Ahmad: Protection of the Rights of People with Special Needs in Gulf Systems and Legislation, 1st ed., Library of Law and Economics, Riyadh, Kingdom of Saudi Arabia, 1437 AH - 2016.
4. Hammoud Salem Al-Nawawi - Moein Shaheen Awni: Principles of Community-Based Rehabilitation, 1st ed., Dar Al-Shorouk for Publishing and Distribution, Jordan, 2009.
5. Khair Suleiman Shawahin - Sahar Muhammad Ghraifat - Amal Abd Shanbour: Strategies for Dealing with People with Special Needs, 1st ed., Dar Al-Masirah for Publishing, Distribution, and Printing, Amman, Jordan, 2010. Rafiq Hamid Zaid Al-Shamiri: The Rights of People with Special Needs According to the Provisions of Public International Law, Dar Al-Fikr Al-Jami'i, Alexandria, 2018.
6. Zaki Zaki Hussein Zidan: Sharia and Legal Protection for People with Special Needs: A Comparative Study between Islamic Jurisprudence and Positive Law, Dar Al-Kitab Al-Qanuni, Alexandria, 2009.
7. Zidan Ahmed Al-Saratwi - Abdul Aziz Al-Shakhs - Abdul Aziz Abdul Jabbar: Comprehensive Integration of People with Special Needs, 2nd ed., Dar Al-Kitab Al-Jami'i, Abu Dhabi, United Arab Emirates, 2006.
8. Al-Sayed Atiq: Legal Protection for People with Special Needs, Dar Al-Nahda Al-Arabiya, Cairo, 2010.
9. Abdul Hafiz Muhammad Salama: Educational Technology for People with Special Needs, 1st ed., Wael Publishing House, Amman, Jordan, 2008.
10. Abdul Ghani Al-Yuzbaki: The Hearing Impaired and Global Technology, 1st ed., Dar Al-Kitab Al-Jami'i, Abu Dhabi, United Arab Emirates, 2002.
11. Ali Omar Ali Al-Misrati: The Legal System of Social Protection in Libyan Legislation, 1st ed., Al-Fadhil Publishing and Distribution, Benghazi, 2011.
12. Fathi Abdel Hamid Al-Dabaa: The Visually Impaired: A New Vision of Life and a Study of the Moral Dimension of the Human Personality, 1st ed., Al-Ilm Wal-Iman Press for Publishing and Distribution, Desouk, 2007.
13. Karem Mahmoud Mohamed Ahmed: Criminal Protection for People with Special Needs: A Comparative Study, 1st ed., Dar Al-Fikr Al-Jami'i, Alexandria, 2015.
14. Mohamed Sami Abdel Sadek: The Rights of People with Special Needs: Between Reality and Law, Dar Al-Nahda Al-Arabiya, Cairo, 2004.
15. Mahmoud Mustafa Younis: Procedural Protection of Human Rights in Procedural Law, Dar Al-Nahda Al-Arabiya, Cairo, 2003.
16. Medhat Mohamed Abu Al-Nasr: Physical Disability (Concept, Types, and Care Programs), 1st ed., Nile Arab Group, Cairo, 2004. Ahmed Masoudan: Caring for the disabled and the objectives of their social integration policy in Algeria from a social service perspective, a thesis submitted for a doctorate in development science, University of Mentouri Constantine, Algeria, 2006.
Third: University Theses and Dissertations
1 Zahra Sayoud: Legal Protection for Persons with Disabilities, Master's Thesis, Department of State and Public Institutions, University of Algiers 1, Faculty of Law, Algeria, 2014.
2 Sarah Arabaji - Radwan Mandil: Legal Protection for Persons with Special Needs in Algerian Legislation, Master's Thesis in Public Law, Belhadj Bouchaib University Center, Ain Temouchent, Algeria, 2017-2018.
3 Maryam Bouqroui: Criminal Protection for Persons with Special Needs, Master's Thesis, Specializing in Private Law and Criminal Sciences, Abdelrahman Mira University, Bejaia, Algeria, 2018.
4 Nassima Laalmi: Criminal Protection for Persons with Special Needs in Algerian Legislation and Some Comparative Legislation, Master's Thesis, Specializing in Criminal and Penal Policy, University of Larbi Tebessi, Tebessa, Algeria, 2016.
Fourth: Magazines and Periodicals:
1 Azhar Sabr Kazim - Dr. Walid Kazim Hussein: Legal Protection of the Right to Work for People with Disabilities, Lark Journal of Philosophy, Linguistics, and Social Sciences (Legal Research), Issue 35, dated October 1, 2019, Iraq, 2019.
2 Hussam Khalil Matar: "Legal Regulation of the Rights of People with Disabilities in Iraqi Legislation and the Extent of Its Conformity with International Standards," Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, College of Law, University of Babylon, Iraq, Issue 1, Year 9, 2017.
3 Abdullah Ali Abbou: "International Protection of the Rights of People with Disabilities," Tikrit University Journal of Legal and Political Sciences, Issue 16, Volume 4, 2012, Dar Al-Kutub wal-Watha'iq, Baghdad, Iraq.
Fifth: International agreements, constitutions, and laws:
1 The Convention on the Rights of the Child of 1989
2 The Constitution of the Republic of Iraq of 2005
3 The Constitution of the Republic of Egypt of 2014 (amended)
4 The Iraqi Penal Code No. 111 of 1969 (amended)
5 The Code of Criminal Procedure No. 23 of 1971 (amended)
6 The Rights of Persons with Disabilities and Special Needs Law No. (38) of 2013
7 The Egyptian Law on the Rights of Persons with Disabilities No. (10) of 2018
8 The Minors' Care Law No. (78) of 1980
9 The Egyptian Child Law No. (12) of 1996 (amended)
