The position of the Iraqi constitution on the Universal Declaration of Human Rights

Author:
Noor AL-Hoda Nazem AL-hershi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Mohammad Taghi Khodadai

The idea of ​​the research is summarized in the statement of the position of the Iraqi constitution on the Universal Declaration of Human Rights and the extent of its adoption of these principles and how to include them in its laws and an attempt to address the problem of the constitution’s omission of most of the important principles stipulated in the declaration and what is the negative impact of this omission and a statement of weaknesses in terms of drafting in the texts of the constitution that It allows the possibility of manipulating it by changing its interpretation by trying to alert the legislator to these problems and submitting proposals to him to try to push him to reformulate the texts that allow manipulation in a way that leads to the loss of most rights and the violation of human rights by interpreting the texts of the constitution at the whims of the judiciary without oversight means. In the context of what he mentioned, reference can be made to some of the constitutional texts contained in the Iraqi constitution, including Article 15 of the Iraqi constitution, which states: “Everyone has the right to life, security and freedom, and these rights may not be deprived or restricted except in accordance with the law and based on a decision issued by a judicial authority.” Competent, as it corresponds to Article (3) of the Universal Declaration of Human Rights, which states: “Everyone has the right to life, liberty and security of person.” The Universal Declaration is an international document Including the fundamental rights and freedoms of the individual of a universal character as inherent and applicable to all human beings, as the Universal Declaration obliges all states to recognize that all human beings are born free and equal in dignity and rights regardless of gender, race, religion or nationality, and the Universal Declaration as a universal document is It does not refer to a particular culture, political system or religion, but rather it is the document that contributed to the development of international human rights law Man, as the Universal Declaration is described as the common ideal that should be communicated by all peoples and all nations, so that all members of society and its bodies strive to keep this Declaration in mind always and through education and education to consolidate respect for these rights and freedoms while ensuring the steady national and international measures and global recognition and effective observance of them in both among the peoples of the Member States themselves and among the peoples of the territories under their jurisdiction.