Constitutional and Legal Protection of the Individual from Intellectual, Political and Religious Coercion
- Author:
- Hussein Mohammed Razzaq Alosfur
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Mohammad Sadeghi
Rights Freedoms in their various forms are among the most controversial topics, both at the national and international levels, regarding their constitutional and legal protection in terms of the mechanisms of their exercise and the effectiveness of guarantees due to their high value in the life of mankind, which has made great efforts throughout the ages in order to liberate man from all forms of coercion, whether It was intellectual, political or religious coercion.The interest in those freedoms has reached to the extent of describing them as basic freedoms that cannot be dispensed with or neglected, and then the legal translation of the moral human entity and that it deserves care by the law, because the human right to think, expression and belief or his political rights are considered the supreme interest that must be preserved. This makes us feel its extreme importance in comparative constitutional and legal studies, in which prejudice or deprivation is a detraction from human dignity and a violation of what was stated by divine laws, Arab and foreign constitutions, and international charters, and in Iraq after 2003, whose political and legal system became based on the foundations of democracy, freedom, and sovereignty The law ends the era of human suffering, persecution, deprivation of his rights, and violation of his intellectual, political and religious freedoms.The Constitution of Iraq issued in 2005 stipulates the elimination of all forms of intellectual, political and religious coercion, in Article 37-Second, which states that “the state guarantees the protection of the individual from intellectual, political and religious coercion,” as well as stipulating these freedoms in Article 43 which states: “Everyone has freedom of thought, conscience and belief.” And then the legislator set guarantees for their exercise, and then the problem of the effectiveness of these guarantees arises in providing adequate constitutional protection for intellectual, political and religious rights.This study seeks, through the descriptive analytical approach, to clarify the intellectual, political and religious rights, as they are of great importance, after which the essence of freedoms. There must be other specific and self-existing legal guarantees that protect the exercise of those freedoms, which puts the state on the duty to take the necessary measures to ensure the freedom of the individual intellectual, political and religious.This study concluded that the Iraqi constitution, especially in Article 46 of the Iraqi constitution for the year 2005 AD, stipulates the protection of intellectual, political, intellectual and religious rights, which is represented in the right of a person unconditionally to follow what his thoughts and conscience dictate to him in terms of behavior and intellectual or political beliefs. or religious. There are many guarantees for the exercise of these rights. There are constitutional, legal and judicial guarantees, as well as political guarantees.