Constitutional and legal protection of the right to peaceful demonstration in Iraq (a comparative study)

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Saad Abdullah khalaf

Abstract

Peaceful protest is a means of expressing freedom of opinion guaranteed
by constitutions and domestic and international laws, as well as international
conventions that have explicitly declared the right to peaceful protest; in
fulfillment of the legitimate demands of individuals on the condition of preserving
public order and morals inside the country, and this is stipulated in the effective
constitution of the Republic of Iraq of 2005; Article (38) which stipulates that
“the state shall guarantee in a manner that does not violate public order and
الؼراق
جامؼح مٍسان – كلٍح الماوىن
مجلح مٍسان للدراساخ الماوىوٍحالمماروح
ISSN-2521-4675
77
morals: ... Third: freedom of assembly and peaceful demonstration, and it shall
be organized by law.” This means that the legislator explicitly and clearly
confesses of the freedom of peaceful protest, contrary to what was mentioned in
previous Iraqi constitutions. However, the defect in that text is reflected in the
legislative deficiency which is represented by the failure to legislate that law
which organizes the practice of the freedom of protest until now
Based on what mentioned above, the research deals with the attitude of
the Iraqi constitutions, whether they are enforceable or canceled, and discusses
the weaknesses and strengths in each of the Iraqi constitutions related to the
practice of that freedom. This is due to the fact that since the end of the year
2013, Iraq has witnessed many demonstrations and sit-in, the most recent of
which was the October 2019 demonstrations, which demand - in their entirety -
reform, combating corruption, providing job opportunities, and improving the
quality of services. As a result of those demonstrations, many protesters were
killed and injured, and that prompted the demonstrators’ demands to the
resignation of the government

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How to Cite
سعد عبد الله خلف حبيب. (2020). Constitutional and legal protection of the right to peaceful demonstration in Iraq (a comparative study). MIsan Journal of Comparative Legal Studies, 1(2), 97–135. https://doi.org/10.61266/mjcls.v1i2.35
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