The medical profession is considered one of the noblest professions in any society. It is associated with specific ethics, and doctors take an oath before practicing medicine, which sets this profession apart from other professions. The doctor-patient relationship is a human and ethical one, and the right to health is constitutionally guaranteed. It is essential to understand the role that the law plays in protecting medical professionals to prevent repeated violations. Doctors require legal and social support, and they need to be free from sectarian and tribal influences, to encourage immigrant doctors to return to their homeland.
Procedural Protection Measures in Legal Protection of Doctors
Many doctors face repeated attacks, especially in cases of death, worsening of conditions, or injuries. Recognizing the urgent need for legislation to protect doctors, the Iraqi legislature enacted Law No. 26 of 2013. The law aims to safeguard doctors from assaults, tribal claims, and illegal demands. Numerous procedural guarantees were established, and among the most important ones are:
- Protection from criminal proceedings
- and objective protection.
Firstly: Protection from criminal proceedings:
The law emphasizes, in Article 3:
That the arrest or detention of a doctor based on a professional complaint is not permissible without a professional investigation by a specialized ministerial committee.
The doctor cannot be detained for professional errors without proven negligence determined by a committee of doctors established within the Ministry of Health. If professional misconduct is proven, the case is sent to the investigative court, which decides on the doctor’s arrest or release on bail, depending on the nature of the crime.
Secondly: Objective protection
The Physicians Protection Law goes beyond procedural protection and includes objective protection, as outlined in Articles 5 and 6:
Criminalizing assaults, tribal claims, and extortion related to medical practices.
After the year 2003, and due to the weakening of state authority, some negative phenomena began to emerge, including tribal claims and the pursuit of revenge. Extortion operations targeted various segments of society, including doctors. There was a fear of doctors facing threats and tribal demands for engaging in tribal dispute resolution. The law was stringent in penalizing anyone demanding that a doctor participate in tribal dispute resolution or pursuing the doctor to obtain a tribal resolution upon death. Such actions lead to hindering the healthcare institution’s operations and depriving many individuals of medical services. Article 5 of this law stipulates: “Whoever makes false tribal or unlawful claims against a doctor regarding the results of their medical practices shall be punished with imprisonment for a period not less than (3) years and a fine of not less than ten million Iraqi Dinars (10,000,000 IQD).”
Toughening penalties for crimes against doctors during or because of their professional practice
In addition to the protection provided for doctors against tribal and unlawful claims, Article 6 of this law stipulates “Anyone who assaults a doctor during the practice of their profession or because of it shall be punished with the penalties prescribed for assaulting an employee during the performance of their duties or because of it”. The legal protection is not limited to providing legal protection for doctors in government health institutions but extends to private hospitals and clinics. The prescribed penalty for crimes against doctors is similar to the penalty for crimes against employees and individuals tasked with public service, as stated in Article 230 of the Penal Code. According to this article: “Anyone who assaults an employee or any person tasked with public service during the performance of their duties or because of it shall be punished with imprisonment for a period not exceeding three years or a fine of not less than 200,000 Iraqi Dinars and not exceeding 10,000,000 Iraqi Dinars”. No punishment provided shall exempt the law from imposing a harsher penalty for injury or harm, as determined by the law.
May Allah grant us all success
Legal employee
Ms. Zahraa Al-Sultani
