Author name:
محمد قحطان فرحان التميمي
Supervisor name:
مها محمد ايوب
Abstract:
The unity of the international and local thinking about the principles of human rights in general and the individual rights in particular, and the recognition of their universality and indispensability is regarded as one of the human achievements which ended the 20th century. Before that, many atrocities that would now be classified as grave violations of human rights took place that pushed the international community to move so that they would not be repeated again and confronting them and terminating them in case they happened again, and to punish the violators and committers of these violations. Also, it aims at compensating their victims starting from slavery, torture, oppression, slave trade, and racial discrimination as well as the blind terrorism and genocide. The agreement and consent of the international community about the principles and values on which human rights are based as they express what man should enjoy of features which are attached to him or her. That does not mean that the way to settle and respecting the rights and freedoms and recognizing them and being committed to them by the state was an easy way to go, but it was windy and full of hardships, the first of these was double standards in dealing and the political considerations. Human rights and the basic freedoms are rights that are interlinked and comprehensive and universal. The latter feature obliges the parties to protect and promote it on all levels, national regional or international. That what was mentioned I the International Convention of Human (49) Rights in Vienna 1993 which resulted in the Declaration in the session of (49) of the United Nations in 1994. It stated “It should be recognized that all the human rights, civil, political, economic, and social are universal and undividable, and interrelated, with the necessity of considering the national, regional distinctive features for different historical, cultural and religious backgrounds. The duty of the state, regardless of their political, economic or cultural system, is to promote the rights of humans and their basic freedoms and to protect them.” Therefore, it could be said that the issue of human rights has become one of the international obligations which the state should comply to and fulfill. The grave violations are regarded as crimes against peace and security if humanity, and could lead the violator to the International Criminal Court. In addition to it comprises a means of political pressure by suing those high rank officials in a certain country. The mere ratification of the nations of human rights and incorporation them in their constitutions does not form a guarantee by itself and a warrantee for applying them. The respect of freedoms means the respect of man whom God has created and honored in the Holy Scripture in many Suars like in the sura of Israa (Ascension), the Verse (70) : (We have honored the children of Adam, and born them on land and sea and graced them with the delights and preferred them to many of whom we created) The protection which assumed by the state to respect human rights and its main freedoms national which mechanisms vary to achieve their goals. Its either constitutional, juridical or political. What is important here are national bodies the state creates which are concerned with the protection and promotion of human rights. This is because the formation will be regarded as supportive factor to achieve and guarantee the protection of human rights. One of these bodies is the so called The National Institution of Human Rights which take many forms following the procedures that the state observes in the formation. They might be in the form of organization, committees or commissions, or national centers all are concerned with the protection and promotion of human rights. Based on the above, the study concerns on stating the legal system of the human rights national institution and the vase in Iraq, it tackles the constitution of these institutions represented by the Principles of Paris 1993, and the basics and international standards as well as the manner by which these institutions are formed. Therefore, for the importance of the legal system of human rights institutions, we preferred to investigate it and make it a title of the dissertation with special reference to the case in Iraq as one of the states which formed a national center for human rights, the study acquired its importance in terms of the nature of the topic and the case it deals with. Therefore, the great importance of human rights, whether on the national or international level, was the main motive to find national institutions apart from the effect of the state and the governmental bodies. The problem of study revolves around the questions : Can the national institutions of human rights be promoted to the level that they can be protect and promote of human rights? In addition to the question what are national institutions of human right? What are its types and functions? And What are the relation between the state institutions and the national institutions concerned with human rights? What are the methods followed by the institutions to enhance and protect human rights? Have the Law of Higher Commission of Human Rights in Iraq responded to the Principles Paris in 1993 as universal constitution of these institutions? For the methodology of the study, we depend in writing this study on the historical approach to reveal the historical roots of finding such national institutions, in addition to the deductive and analytical methodology which based on the study of the laws related to the theme. For the structure of the study, we divided the theme into four chapters preceded by an introduction. Chapter One tackles the mechanisms of protection human rights on the international and regional and national levels, in the first inquiry, we tackled the mechanisms of protection human rights on the international and regional levels, in the second inquiry the mechanisms of protection human rights on the national level is tackled. Chapter Two tackled in the second chapter the national institutions of human rights and the principles of Paris; the first inquiry studies for the National Institution of Human Rights, and the legal base of this institution in addition to stating the characterizing features. The second inquiry tackled the stating of the relationship for the National Institution of Human Rights in the state authorities, the third inquiry was about the relationship of the National Institution of Human with the mechanisms of human rights. Chapter Three tackles stating of jurisdiction and tasks of the National Institution of Human Rights. The first inquiry is devoted to the stating of the jurisdiction of the National Institution of Human Rights. The second inquiry is devoted to the stating of the jurisdiction and tasks of protection of Human Rights, and the fourth is devoted to the stating of the jurisdiction of institution in the solving of disputes. Chapter four tackles the National Institution of Human Rights in Iraq represented by the High commission of human right. In first inquiry we tackled the manner and work of commission, the second inquiry was consecrated to the work of the commission and its external relations. Then, it was followed by a conclusion with includes the most important suggestions that are related to human rights. I should not miss the great problems in have faced when writing this study. The scarcity of the references was the major problem which I suffer from as the study is a pioneer not tackled before. In addition to the difficulty of movement to refer to the libraries in the colleges of law, whether in Baghdad or outside, due to the security issued. This pushed me to make calls to friends in Denmark, Sweden, France, England, Belgium, Egypt, Algeria, Morocco, and Lebanon, but only few arrived. That did not discourage me in continuing the way up to the end after asking aid from God.
