الحماية الدستورية و القانونية لحق التظاهر السلمي في العراق : (دراسة مقارنة)‎

Abstract EN

Peaceful protest is a means of expressing freedom of opinion guaranteed by constitutions and domestic and international laws, as well as international conventions that have explicitly declared the right to peaceful protest; in fulfillment of the legitimate demands of individuals on the condition of preserving public order and morals inside the country, and this is stipulated in the effective constitution of the Republic of Iraq of 2005; Article (38) which stipulates that “the state shall guarantee in a manner that does not violate public order and ISSN-2521-4675 77morals: .

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Third: freedom of assembly and peaceful demonstration, and it shall be organized by law.

” This means that the legislator explicitly and clearly confesses of the freedom of peaceful protest, contrary to what was mentioned in previous Iraqi constitutions.

However, the defect in that text is reflected in the legislative deficiency which is represented by the failure to legislate that law which organizes the practice of the freedom of protest until now Based on what mentioned above, the research deals with the attitude of the Iraqi constitutions, whether they are enforceable or canceled, and discusses the weaknesses and strengths in each of the Iraqi constitutions related to the practice of that freedom.

This is due to the fact that since the end of the year 2013, Iraq has witnessed many demonstrations and sit-in, the most recent of which was the October 2019 demonstrations, which demand - in their entirety -reform, combating corruption, providing job opportunities, and improving the quality of services.

As a result of those demonstrations, many protesters were killed and injured, and that prompted the demonstrators' demands to the resignation of the government.