السبت، 26 مارس 2011

Rights and Freedoms - the Iraqi Constitution

 
Rights and Freedoms - the Iraqi Constitution

Part II

Rights and Freedoms


Chapter I [Rights] Section I: Civil and political rights
Article (14): Iraqis are equal before the law without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status.
                                                                                
Article (15): Everyone has the right to life, liberty and security, shall not be deprived of these rights or have them restricted except in accordance with the law and based on a decision of a competent judicial authority.
Article (16):
 
Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this.
Article (17): First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law.
Article (18): First: Iraqi citizenship is the right of every Iraqi and is the basis of their citizenship.
Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law.
Third: a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason, and those who shot down the right to reclaim it, and this is regulated by law. To withdraw the Iraqi citizenship from naturalized citizens in cases stated by law.
Fourthly: It is permissible for multiple nationality Iraq, and on who would assume sovereign position or a senior, security must abandon any other acquired nationality, and shall be regulated by law.
Fifth: Iraqi citizenship shall not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq.
VI: The provisions of the Law of Nationality, and consider the claims arising from the competent courts.
Article (19): First: The judiciary is independent and no power other than the law.
Second: no crime or punishment except by law, and no punishment except for an act that the law considers the time of committing a crime, can not be applied heavier than the punishment allowed at the time of the crime.
Third: Litigation shall be protected and guaranteed for all.
Fourth: The right to defense is holy and guaranteed in all stages of the investigation and trial.
Fifth: The accused is innocent until proven guilty in a fair legal trial, and prosecuted the defendant for the same crime again after release, but if new evidence emerged.
Sixth: Every person has the right to be treated fairly in the judicial and administrative proceedings.
VII: Meetings of the courts shall be public unless the court decides to make them secret.
Eighth: Punishment is personal.
Ninth: Laws shall not apply retroactively unless otherwise provided, this exception does not include laws of taxes and fees. Tenth: The Penal Code does not apply retroactively only if the benefit of the accused.
Eleventh: The court shall appoint an attorney to defend defendants charged with a felony or misdemeanor who does not have a lawyer to defend him, at the expense of the state.
Twelfth: a reservation is prohibited. B may not be imprisonment or detention in places other than those designated for that according to prison laws covering health and social care and subject to the State authorities.
Thirteenth: The preliminary investigative documents to the competent judge within a period not exceeding twenty-four hours from the time of the arrest of the accused, and may be extended only once for the same period.
Article (20): Citizens, both men and women, the right to participate in public matters and enjoy political rights, including the right to vote and the nomination.
Article (21): First: Iraqi shall be surrendered to foreign entities and authorities. Second: regulating the right of political asylum to Iraq by law, may not be extradited for political refugee to a foreign entity or returned forcibly to the country from which he fled. Third: does not grant political asylum to a person accused of committing international or terrorist crimes, or all of the right to harm Iraq. Section II: Economic, Social and Cultural Rights
Article (22): First: Work is a right for all Iraqis so as to ensure them a dignified life. Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice. Third: The State guarantees the right to form trade unions and professional associations, or accession thereto, and shall be regulated by law.
Article (23): First: Private property is inviolable, and the owner is entitled to use and exploit and dispose of, within the law. Second: No property may be expropriated except for purposes of public benefit in return for just compensation, and shall be regulated by law. Third: Iraqi has a right to own property anywhere in Iraq, no other person may possess immovable assets, except as exempted
      
Law. B prohibits ownership for the purpose of demographic changes.
Article (24): The State shall guarantee freedom of movement for workers, goods and Iraqi capital between the regions and governorates, and this is regulated by law.
Article (25): The State shall guarantee the reform of the Iraqi economy according to modern economic bases, including that ensures complete investment of its resources, diversifying its sources, and encourage the private sector and development.
Article (26): The State shall guarantee the promotion of investments in different sectors, and this is regulated by law.
Article (27): First: Public property is inviolable and its protection is the duty of every citizen.
 
Second: A law shall regulate the provisions for the conservation and management of State properties and conditions of their disposal, and the border may not be relinquished any of these funds.
Article (28): First: do not impose taxes and fees are not adjusted, not collected, or exempted, except by law. II: low-income earners shall be exempted from taxation, to ensure that no prejudice to the minimum necessary for a living, This shall be regulated by law.
Article (29): First:
         
A family is the basis of society and the state should preserve its identity and religious and ethical values ​​and national levels.
         
B. The State guarantees the protection of motherhood, childhood and aging, and care of children and youth and provide suitable conditions for the development of their talents and abilities.
Second: Children have the right to upbringing, care and education, parents have the right to their children to respect and care, especially in times of need, disability and old age.
Third: Economic exploitation is prohibited for children in all, the state shall take measures to protect them.
Fourth: to prevent all forms of violence and abuse in the family, school and community.
Article (30): First: The State shall guarantee to the individual and family especially children and women, social security and health, and basic requirements for living in a free and dignified lives, provide them with suitable income and appropriate housing. Second: The State shall guarantee social and health security to Iraqis in cases of old age, illness or incapacity for work, homelessness, orphanage or unemployment, and work to protect them from ignorance, fear and poverty, and provide them housing and special programs of care and rehabilitation, and this is regulated by law.

Article (31): First: Each Iraqi has the right to health care, and the state public health and ensure means of prevention and treatment by building different types of hospitals and health institutions. Second: Individuals and entities to build hospitals, clinics or private clinics, and under the supervision of the State, shall be regulated by law.
Article (32): The State shall care for the disabled and people with special needs, and guarantees their rehabilitation to integrate them in society, and this shall be regulated by law.
Article (33): First: Every individual has the right to live in safe environmental conditions. Second: The State guarantees the protection of the environment, biodiversity and conservation.
Article (34): First: Education is the basis for the progress of society and the right guaranteed by the state, which is compulsory at the primary level, and the state guarantees fighting illiteracy. Second: Free education is a right for all Iraqis in all its stages. Third: The State encourages scientific research for peaceful purposes that serve humanity, and it promotes excelling, creativity and innovation and the various manifestations of excellence. Fourth: Private and national education is guaranteed, and regulated by law.
Article (35): State sponsors cultural activities and institutions in line with Iraq's history, civilization, culture, and is keen to adopt the cultural orientations of genuine Iraqi.
Article (36): exercise the right of every individual, and the State to promote and sponsor activities, and provide accessories.

Chapter II [freedoms]
Article (37): First: A freedom and human dignity shall be inviolable. B. No one shall be detained or investigated unless by judicial decision. C prohibits all kinds of psychological and physical torture and inhumane treatment, and does not count any confession extracted by force or threats or torture, and the injured party may seek compensation for material damage and moral injury in accordance with the law. Second: The State guarantees the protection of the individual from coercion intellectual, political and religious. Third: Forced labor (forced labor), slavery and the slave trade (slavery), and prohibits trafficking in women and children, and sex trafficking.
Article (38): State shall ensure, without prejudice to public order and morality: First: The freedom of expressing opinion by all means. Second: the freedom of the press, printing, advertising, media and publishing. III: Freedom of assembly and peaceful demonstration, organized by law.

Article (39): First: The freedom to form associations and political parties, or to join it, guaranteed, and is regulated by law. Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
Article (40): Freedom of communication and correspondence, postal, telegraphic, telephonic, electronic and other means is guaranteed, and may be monitored or spied upon or revealed except for legal and security necessity and by judicial decision.
Article (41): Iraqis are free in their adherence to their personal status according to their religions, sects, beliefs, or choices, and regulated by law.
Article (42): Every individual has freedom of thought, conscience and belief.
Article (43): First: The followers of every religion and sect are free in: A practice of religious rites, including the Husseini rituals. B administration of religious endowments and their affairs and their religious institutions, and shall be regulated by law. Second: The State guarantees freedom of worship and the protection of places.
Article (44): First: Each Iraqi has freedom of movement and travel and residence within Iraq and outside it. Second: No Iraqi may be exiled, or deported, or deprived from returning to the homeland.
Article (45): First: The state is keen to strengthen the role of civil society institutions, and support, development and independence in accordance with peaceful means to realize legitimate goals, and this is regulated by law. Second: The state is keen to advance Iraqi tribes and clans, and cares about their affairs in accordance with religion, law, and promote the noble human values, which contribute to community development, and prevent the tribal customs, which are incompatible with human rights.
Article (46): Do not be restricting the exercise of any of the rights and freedoms set forth in this Constitution or by law or identified, but building it, that does not affect the selection and restriction essence of the right or freedom. First: The freedom to form associations and political parties, or to join it, guaranteed, and is regulated by law. Secondly: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it. First: Each Iraqi has the right to health care, and the state public health and ensure means of prevention and treatment by building different types of hospitals and health institutions. Secondly: by individuals and organizations to build hospitals, clinics or private clinics, and under the supervision of the State, shall be regulated by law. First: Work is a right for all Iraqis so as to ensure them a dignified life. Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice. Third: The State guarantees the right to form trade unions and professional associations, or accession to, and regulates by law. First: Private property is inviolable, and the landlord can use, exploit and dispose of them, within the law. Second: No property may be expropriated except for purposes of public benefit in return for just compensation, and shall be regulated by law. Third: A. Iraqi has the right to own property in anywhere in Iraq, no other person may possess immovable assets, except as exempted by law. to prohibit ownership for the purposes of demographic change. The State shall guarantee freedom of movement for workers, goods and Iraqi capital between the regions and governorates, and this is regulated by law. The State shall guarantee the reform of the Iraqi economy in accordance with criteria modern economic and that ensures complete investment of its resources, diversifying its sources, and encourage the private sector and development. Iraqis are equal before the law without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life and security and freedom, may not be deprived of these rights or restricted except in accordance with the law, Based on a decision of a competent judicial authority. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law. First: Iraqi citizenship is the right of every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. III: A forbidden to withdraw the Iraqi citizenship from an Iraqi by birth for any reason of reasons, and those who did dropped to reclaim it, and this is regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases stated by law. IV: may have multiple sexual Iraq, and who assumes a sovereign position or a senior, security abandonment of any nationality Other acquired, shall be regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq. VI: The provisions of the Law of Nationality, and consider the claims arising from the competent courts. Iraqis are equal before the law without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life and security and freedom, may not be deprived of these rights or restricted except in accordance with the law, Based on a decision of a competent judicial authority. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law. First: Iraqi citizenship is the right of every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. III: A forbidden to withdraw the Iraqi citizenship from an Iraqi by birth for any reason of reasons, and those who did dropped to reclaim it, and this is regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases stated by law. IV: may have multiple sexual Iraq, and who assumes a sovereign position or a senior, security abandonment of any nationality Other acquired, shall be regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq. VI: The provisions of the Law of Nationality, and consider the claims arising from the competent courts. Iraqis are equal before the law without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life and security and freedom, may not be deprived of these rights or restricted except in accordance with the law, Based on a decision of a competent judicial authority. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law. First: Iraqi citizenship is the right of every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. III: A forbidden to withdraw the Iraqi citizenship from an Iraqi by birth for any reason of reasons, and those who did dropped to reclaim it, and this is regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases stated by law. IV: may have multiple sexual Iraq, and who assumes a sovereign position or a senior, security abandonment of any nationality Other acquired, shall be regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq. VI: The provisions of the Law of Nationality, and consider the claims arising from the competent courts. Rights and Freedoms

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