In the presence of the Dean of the College, Professor Dr. Saeed Ali Ghafil, the Public Law Branch held a scientific symposium on bullying and its impact on human rights. From the womb of the outburst of expression on the Internet, perhaps some activists were inspired by the films of teenagers in American high schools, And regardless of the novelty or antiquity of the term and the possibility of replacing it with other words such as bullying, verbal assault or intimidation, dealing with the concept of “bullying” as if we had just discovered it is incorrect, as it is as old as societies. Still, it has become more public today, and it is a dangerous act that involves a severe violation of human dignity as an inherent right.
Accordingly, the Iraqi constitution in force for the year 2005 and the Egyptian constitution for the year 2014 also granted citizens many rights to preserve their dignity of the citizen and protect them from all forms of aggression, including bullying. The text of the Iraqi constitution in Article 7 / First: – Every entity or approach that adopts racism is prohibited Or terrorism, thinking, or sectarian cleansing, or incites, paves the way, glorifies, promotes, or justifies it, especially the Saddamist Baathism in Iraq and its symbols and that is regulated by law.
Article 14 stated that “Iraqis are equal before the law without discrimination because of gender, race, nationality, origin, color, religion, sect, belief, or economic or social opinion.” And Article 32 states, “The state takes care of the disabled and people with special needs.” and ensures their rehabilitation to integrate them into society….”; This is to protect them from discrimination between them and healthy people and to prevent bullying. As for the Egyptian constitution, Article 51 stipulates that dignity is a right for every human being, and it may not be violated. The state is committed to respecting and protecting it, and Article 53 states that citizens are equal before the law. They are similar in rights, freedoms, and public duties, without discrimination based on religion, creed, gender, origin, race, color, language, disability, social level, political or geographical affiliation, or any other reason.
It also stipulates the rights of people with disabilities in Article (80). The state guarantees the rights of children with disabilities, rehabilitation, and integration into society. The state is committed to caring for and protecting children from violence, abuse, mistreatment, and sexual and commercial exploitation. Bullying against people with disabilities is a heinous crime that is not befitting of humanity and requires an integrated societal responsibility in raising awareness. Social media sites are full of hundreds of cruel scenes that reveal explicit bullying of people with disabilities, which causes psychological problems that sometimes lead to suicide. Article (2) of Law No. 10 of the year 2018 Law of the Rights of Persons with Disabilities What a person with a disability means is: “Every person who has a total or partial deficiency or defect, whether physical, mental, mental or sensory if the defect or fault is stable.
As for the Iraqi legislation, especially in the Iraqi Penal Code No. 111 of 1996, the law stipulates the crimes of defamation and insult, and there is no provision for the crime of bullying. According to Article 433, defamation represents the attribution of a specific incident to others in one of the public ways that, if true, would lead to punishment. Whoever is attributed to him or his contempt for the people of his country, and whoever slanders others, is punished with imprisonment and a fine, or with one of them. Whereas, Article 434 defined the crime of insult by saying: It is considered an insult to someone who insults others with something that offends his honor or consideration or hurts his feelings, even if that does not include attribution of a specific incident, and he is punished with imprisonment and a fine. Aggravating. In one of the decisions, the Iraqi judiciary approved a critical principle when it considered Facebook a public means to achieve the aggravating circumstance of the punishment of the violator. Despite the different opinions raised by this decision, it constitutes a deterrent ruling for the perpetrators of this type of crime. Iraq has not yet legislated the draft law to combat cybercrime because some of its provisions, “according to some,” conflict with the rights and freedoms guaranteed by the constitution.