التنظيم القانوني لحق المستهلك في الأمان

الملخص EN

As known, the consumer is entitled to a range of rights referred to by the Directory Principles of the United Nations and International Treaties regarding the consumer protection.

Those rights are further subsumed (recognized) under national laws, the significant one thereof is the Right to Safety, which offers protection to the consumer against products, producing products, and services which may cause damage to his/her health and safety.

In this context, it is the consumer’s right to feel safe when he purchases a certain product, or receives a certain service, and it is the state liability to ensure such a right.

To this end, the legal regulation of the consumer’s Right to Safety is embodied into having such a right specified (fixed) under national laws, and considering it as one of the basic rights of consumers.

Furthermore, the consumer should be entitled to claim for the Right to Safety and set a file for compensation against the health and safety damages caused by using products or services.

This requires the law to stipulate that the producers and suppliers are obliged to guarantee the safety of consumers; such an obligation, however, is not found under Iraqi Law.

Based on having this legislative gap, we recommend the Iraqi Legislator to make an explicit (direct) reference to the consumer’s Right to Safety