The Rights of People With Disabilies in Education A Comparative Study Between Iraq and Palestine

The right to education is one of the renewed human rights that almost collect different constitutions and laws to address the provisions that regulate it. The reason for that is that this right is considered a measure of the civilization and progress of society for any country and that this right is of great importance because of the human, social, economic and cultural dimensions of this right. . And one of the most important goals is to educate and alert human societies with the enormity and danger of ignoring this important group of society and standing on the most important international agreements and legal texts to protect and care for the rights of people with disabilities, analyze them and give them their full rights in society without discrimination or exclusion. Whereas the group of people with disabilities has many rights stipulated in international declarations and conventions, such as the Declaration of the Rights of the Child for the year 1959 CE in the fifth principle of it on the right of the handicapped child and also the International Convention on Economic, Social and Cultural Rights of 1966 CE in Article No. Countries explicitly stipulated in their constitutions that national laws conform to international conventions, including in particular the Convention on the Rights of Persons with Disabilities, as Iraq ratified it in 2013 AD, and later in the same year, Law No. 38 of 2013 for the Care of Persons with Disabilities and Special Needs was issued, and the State of Palestine joined it in 2014. On May 7, 2014, the Head of State issued a decision to form a permanent national committee to follow up their country’s accession to international treaties and conventions, and this committee will be at the ministerial level. We find ourselves facing the following question: What are the education rights of people with disabilities in Iraq and Palestine? In this research we will follow the approach of the analytical study of the legal texts regulating the rights of the disabled, then we will know the aspects of agreement and the differences that exist between them by following the method of comparative study of these legislations in Iraq and Palestine to reach the best vision of the legislative texts concerned with ensuring the rights of people with disabilities. This study leads to conclusions, including the neglect of the provisions of the Palestinian Basic Law to regulate many rights for persons with disabilities organized by international conventions, that the Iraqi legislator’s definition of disability and people with disabilities is incompatible with what is stipulated in international conventions, as it takes the medical and care concept and neglects environmental and other barriers, and that The only way to ensure that persons with disabilities can fully enjoy their rights is to guarantee those rights under national law and support that legislation with continuous, coordinated and continuous measures in all ministries and to ensure legal institutions enforce respect for these rights.