The Right of the Family in Public Law: A Comparative Study Between Iraq and Iran

Author:
Muntadher Sahib Ali Al-Sarray
Level:
Master
Field of study:
law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Saeed Mahjoub

National legislation and international charters have recognized the rights of the family and its members, and came to put forward multiple and diverse concepts of the family, and through constitutional texts, especially in the Iraqi and Iranian constitutions, and special legislation and laws in both countries, which are concerned with ensuring the diverse rights of the family, through which the family’s status in Iraqi and Iranian law is shown. The main objective of this message is to guarantee the rights of the family and its members, especially women and children, to clarify its position in public law, solve the problems it faces, and work to harness laws and legislation in the service of the family to ensure its survival and continuity, and to facilitate the family’s task in raising and building the generations that nourish the community. Studying and clarifying the legal and legislative texts concerned with the rights and status of the family in general, and women and children in particular, in contrast to previous studies, reviving the material and moral rights of women and providing them with support during pregnancy and nursery, and providing legal support and protection for children and orphans by studying and clarifying the national legal legislations of Iraq and Iran. The constitutional articles of both Iraq and Iran that came to protect the rights of women and children and to provide material and moral support to women during pregnancy and breastfeeding, including providing vacations for working women with a continuous salary, Reviving the material and moral rights of women and providing them with support during pregnancy and custody and providing legal support and protection for children and orphans by studying and clarifying the national legal legislations of Iraq and Iran and clarifying the constitutional articles of Iraq and Iran that came in protecting the rights of women and children and providing material and moral support to women during the period Pregnancy and breast-feeding, including providing vacations for working women with a continuous salary, And studying and clarifying national legislation through which the state plays its role in facilitating the process of family formation and facilitating marriage through constitutional texts and legislation that stipulate the necessity of the state’s commitment to contribute to facilitating marriage and the establishment of the family, as well as ensuring the family’s right to provide the basic needs of food, clothing, housing and health care and providing the appropriate environment that serves the family and its various interests, all within the scope of Iraqi and Iranian public law.