Alignment of Iraqi and Egyptian Criminal Legislations with International Rehabilitation and Reform Standards

Abstract

This research addresses the issue of rehabilitation and reform within correctional institutions in Iraq and Egypt through a comparative legal study conducted in light of international human rights standards, particularly the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). The research problem stems from the noticeable gap between the legislative framework that recognizes prisoners’ rights and emphasizes the objectives of rehabilitation and reform, and the practical reality within prisons in both countries. This raises important questions regarding the effectiveness of existing reform policies and their ability to achieve their intended goals. The study seeks to answer several key questions, including the extent to which Iraqi and Egyptian legislation is consistent with international human rights standards, the ability of the penal systems in both countries to achieve rehabilitation and social reintegration of convicted persons, and the major legal, administrative, and practical challenges that hinder the effective implementation of reform-oriented approaches within prisons.The research adopts the descriptive-analytical method to examine and analyze relevant national and international legal texts, in addition to the comparative method to identify similarities and differences between the Iraqi and Egyptian systems in the field of rehabilitation and reform. The study also relies on the analysis of domestic legislation, international conventions, and reports issued by the United Nations and human rights organizations concerned with prison conditions.The findings reveal that both legal systems contain legislative provisions recognizing the principle of rehabilitation and reform; however, their practical implementation remains limited due to inadequate prison infrastructure, shortages of human and financial resources, and the impact of security and economic conditions. The study recommends strengthening educational and vocational training programs within prisons, developing administrative and correctional staff, and enhancing judicial oversight to achieve more effective compliance with international human rights standards.