أوجه عدم دستورية قانون الضمان الصحي العراقي رقم 22 لسنة 2020 : دراسة مقارنة

الملخص EN

The right to the health insurance forms a part of a set of rights and freedoms guaranteed by the texts of the constitutions of modern countries.

Therefore, it has the solidity and value of all the constitution’s texts, which offer the necessary guarantees to protect these rights and to prohibit any violation or aggression derived from the ordinary legislation enacted by the legislative power or from the sub-legislation established by the administration when carrying out its administrative activity, which made this right derived from constitutional principles that cannot be overridden or deviated from.

Saying the contrary makes this or that action subject to appealing regarding its constitutionality before the judiciary because it has the defect of the unconstitutionality.

The legislator’s vision concerning the Health Insurance Law No.

(22) for the year (2020) is not clear, as he adopted an unfamiliar system globally and contradicts the prevailing and dominant characteristic of the comparative insurance systems.

On one hand, he takes the idea of the health insurance regarding the participation of the government in the financing sources of the system through the government expenditure in the general budget.

On the other hand, he singles out a certain segment by obligating participation in it, as if the law had addressed them only.

This contradicts clearly with the compelling reasons of the law itself and with the idea of the social health insurance from which it was launched.

Through the research, it has been proven that the above law violates the principles that govern the constitutional fundamental upon which the right to health insurance is based.

Consequently, it is possible to say that this law is unconstitutional for violating the prescriptions of the Articles (14-30-31) of the Constitution for the year (2005).