Iraq of Constitution fundamental rights and freedom development
2010
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Advisor: Prof. Dr. İlyas Doğan
Abstract (EN)
Ottoman's ruling in Iraq ended when the English Army entered in Iraq in 1918. Many events occurred during the term of 1918-1925. The most significant one is the twentieth revolution and the establishment of the Iraq State.After the English entered in Iraq, deadening the twentieth revolution and signing the treaties for the establishment of a United Iraq State, brought about the condition of continuation of the state by inheritance. Upon the agreement between the British and Iraq Kingdoms, 1925 Draft Constitution was written (in November 1923).Its discussion was left to the Constituent Assembly to be held on the forty first meeting dated July 10, 1923 and it was agreed on March 12, 1925.However, the resource of Iraqi Constitution passed in 1925 is the fact that French human and citizenship rights were declared in 1789.Similarly, they benefited from 1923 Egyptian Constitution for instance, and also others.1789 French Human Rights Declaration article 1 says: Human beings are born free and live free, equal before the laws, whereas 1789 French Human Rights Declaration article 6 says: Law is the same for everyone (no matter the rights are given or not)and they are equal. Likely, 1925 Iraq Constitution article 6 says: There is no difference before the law for Iraqis (even they are different in respect with their nationality, religion, and language)and they are all equal. 1925 Iraq Constitution article 18 says: All Iraqis equally benefit from civilized and political rights, similarly from property rights, personal rights, religious freedom, expressing their personal opinions an tax laws. All these rights and freedoms were taken under the influence of 1789 French Human Rights Declaration. However, there are some rights and freedoms that French Human Rights Declaration doesn?t mention, Iraq Constitution put them into effect as written judgement. Amongst these are the privacy of the home, the confidentiality of postal, telephone and telegram communications.In addition, the right to apply to the Supreme Court, the right to complain, and the right of the groups to establish private schools.However, there are some general freedoms which were brought byIraq Constitution, one of them is the right of citizenship. Iraq Constitution organized this article having been affected by Ottoman Constitution article 8 section 2:"Anyone with Ottoman citizenship (whatever their status and religion, they have the right to receive and lose their ottoman title.)is given an Ottoman title. Only if they are Ottoman Citizens.. They receive their titles as organized and defined in the law. 1925 Iraqi Constitution, 1920 Syria Constitution and 1923 Egyptian Constitution adopted the same similarly.Equality, economic and social rights or doing military service, or being assigned to a job, personal freedoms, privacy of the home, property rights, latitude of thought, religious freedom, educational freedoms, right, expressing personal opinions, freedom of gathering, right to establish a community, communication freedom, and its confidentiality, the right to present a draft and rights to organize taxes, all these are the judgments that Iraqi Constitution organized but not 1789 French Human Rights Declaration.On the other hand, July 27, 1958 Iraqi Constitution abolished the Kingdom and set up a Republican PublicSystem, because during the kingdom's ruling and mid fifties, general freedoms were limited and martial orders increased. Therefore, the nation made a revolution against the system of the Kingdom and in 1958 issued the new Iraqi Constitution..1925 Iraqi Constituent was replaced with the new 1958 Iraqi Constitution and better changes for the Iraqi public were adopted in both economic and social aspects and also in respect with the general rights and freedoms. 1958 Constitution turned out to be a democratic constitution for Iraqis. 1958 constitution in article 160 gave all the rights and responsibilities to all Iraqis.On February 8, 1963, the current political order was completely left. Te system ended because it definitely diverted from the principles of July 14 revolution and because it lead the right of ruling and development to a centralization within the personage of the prime minister. This individualistic system worsened all general status in all domains, individual rights ad freedoms were violated in many ways. September 12,1968 Constitution replaced it.On July 16, 1970,Revolutionaist Committee Counsel issued aconstitution which is cancelling this constitution. In September 21, 1968 Constitution, many changes were made. The biggest one was about the general rights and freedoms. This constitution organized some rights and freedoms. Woman-Man Equality is one of these. It also banned religious, language and racist discrimination. In Iraq, for the first time it gave the minorities speaking Kurdish, Turcomans and Assyrians the rights to get education in their own languages. On March 11, 1964, The President declared that a self-governing system will be put into effect in Kurdistan Region of Iraq.
Author
Dr. Abdülazim M.ibrahim
Institution
How to Cite
Abdülazim M.ibrahim (Master Thesis). Iraq of Constitution fundamental rights and freedom development, 2010, Gazi University.
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