الأساس الدستوري و القانوني لحق السكن في العراق و بعض الدول

Abstract EN

The right to housing is one of the most basic needs of human beings that s/he cannot be dispensed with under any circumstances.

Since this right is a human right and a fundamental freedom, especially the personal freedom, this right requires protection for as long as this right is protected and guaranteed, the more the private life will be flourished for all.

This will lead to the prosperity of the society, otherwise, if this right is violated, other rights will also be violated because of the interdependence between the right to housing and other rights and as a result, the confidence of the individual in his society will be shaken.

This has been established throughout the ages, which witnessed revolutions aimed at the consolidation of human rights, so this right has received wide attention by all States, especially Iraq, which stressed this right in all successive constitutions, especially Iraq's permanent constitution of 2005.

The enactment by the Iraqi constitutional legislator of this right in the constitutional document gives this right a force to prevent any violation or aggression by the legislative and executive authorities.

But, nevertheless, the executive authority may attack this right, so the constitutional legislator must protect it by providing it with the guarantees necessary for its maintenance.

But this right may, however, be restricted when there is justification for that, such as the maintenance of public order, public morals and exceptional circumstances such as wars and natural disasters.