The Family’s Right to Social and Health Security in the Iraqi and Jordanian Public Law

The family’s right to social and health security can be counted, as the state is obligated for the community forum to obtain the goods of the country, and not to deprive those in need, in a manner that ensures a fair distribution of them. All of this contributes to the advancement of society economically, socially and culturally. Hence the study of these rights in our master’s thesis. To study the family’s right to social and health security, we chose the research sample in the Iraqi and Jordanian public laws, given the geographical proximity between the two countries and the cultural and religious rapprochement between them, which affected the philosophy of legislation in constitutions and laws. The social and health conditions came due to the difference in the political, social, economic and ideological conditions between the two brotherly countries. The study method adopted the descriptive analytical method. We have discussed the balance between Iraqi constitutions and general laws and their Jordanian counterparts. The letter reached several conclusions, the most important of which is that the Iraqi legislator in the 2005 constitution has completely left socialism and adopted a free economy that believes in the existence of the private sector and allowing it to compete in various health, educational and educational fields. The legislator also made social and health rights impose positive, not negative, obligations on the state, making it impossible to file a lawsuit to claim those rights. Iraqi law has adopted the state’s guarantee to provide and secure work, in return for the obligation to work in the state for all who are able to do so. While the Jordanian legislator established the right to work for the state and provide it to all Jordanians on the condition that the Jordanian economy be strengthened and promoted. This is a capitalist view of the concept of the right to work. As for the Jordanian legislator, the right to education, which is guaranteed by the state, compulsory and free, is limited to the basic stage only. Where a significant segment of Jordanian youth was deprived of free studies at the secondary school and university levels. While the Iraqi legislature made education free and at all stages of study, whether it was compulsory or optional. The Iraqi legislator has approved health care, and its regulation. As well as laying the foundations for the state’s philosophy in this regard. While the Jordanian legislator aims to ensure the health of the family through the provision of medical services, in order to build a healthy family, psychologically and socially. It also granted the government employee privileges that the female worker did not enjoy at a time when these rights are supposed to be legislated for the care of motherhood and childhood and the stability of the family system. As for the Jordanian legislator, it protects motherhood and childhood in the text of the applicable constitution and continues its efforts in the field of child care and development. The letter came out with several recommendations, the most important of which are: The necessity of amending the articles related to the working mother in the Iraqi labor law, which grants pregnancy and maternity leave only ten weeks, and make it equal to what the mother employed in the public sector obtains to be able to provide care for the child, and that is by amending Articles 86 and 88 of the Law Work No. 37 of 2015.