مفهوم الكرامة الإنسانية في دستور جمهورية العراق 2005

Abstract EN

The concept of dignity is widely used to a degree that it became clear with clarity of things, but it is difficult to define it.

It is a conflicting concept.

While there is an agreement on the concepts of the sanctity of dignity and the value of the human person, but there is a disagreement about the scope of dignity, its meaning and its philosophical foundations in literature and in the relevant International and Regional Declarations and Conventions.

Because of the jurisprudential and legislative attention in the human dignity, in addition to the ambiguity of its concept, this Article examines its nature and it shows the nature of international and regional attention about it.

Furthermore, the Article analyses the legislative texts that guaranteed in the framework of the Constitution of the Republic of Iraq 2005.

The Article concluded that the Constitution of the Republic of Iraq for 2005 is not successful in determining the meaning of human dignity and it is unable to list its applications.

The provisions contained in the Constitution are not sufficient to guarantee the protection of human dignity.

The Iraqi legislator should take an effective role through ordinary legislation and not only the typical applications stipulated in the Penal Code and the Code of Criminal Procedure.