Author name:
سعد ناصر حميد
Supervisor name:
يحيى ياسين سعود
Abstract:
Education is an important place in human life, a right of his fundamental rights, is also a key factor to ensure that knowledge of other rights, and this right is now under the protection of the international community, especially after the formation of the United Nations Organization in 1945, which featured a new vision and contemporary reflect the importance of education for the peoples of the world in achieving development and prosperity and development, and the achievement of the objectives of the United Nations in achieving international peace and security, and that by raising the cultural level of the people and the exchange of science and knowledge and the openness of countries and to know each other. This is confirmed by the Charter of the United Nations Educational, Scientific and Cultural Organization (UNESCO) for the year 1945, when the text on "the ignorance of people to each other was and still is a source of suspicion and mistrust among nations, and the reason for turning their differences into wars often" and that "since wars begin in the minds of men, in the minds must build the defenses of peace "the Charter acknowledges that the war would not have occurred had it not Tekzat on ignorance and backwardness. On this basis, the right to education for all is now a key sanction of the goals that the United Nations seeks to achieve, the right worthy of legal protection has been emphasized in the advertising world and the international covenants and conventions on human rights, in addition to the establishment of specialized in that area of international agencies, it was not acceptable to the international community to fight for the human rights report, and then leaves the right to education, which is rightly regarded as the primary guarantor of all these rights. That's about international attention to the protection of the right to education in normal circumstances, either for the protection of the right to education in emergency situations and crises, it unfortunately did not receive education the importance it deserves in the midst of turmoil and crises caused by disasters and the outbreak of armed conflict, we find that education "its systems and facilities and his staff and his disciples and Bagesoh "becomes in weaker conditions of, it is looting and destruction and abandonment of educational establishments operations, to the assassination of teachers and threatened to scientists, not to mention depriving the most affected categories of disputes such as displaced people and displaced persons and refugees of their right to education, which alerted the world to the need to address this issue and provide adequate protection of the right to education in during a crisis, but the international efforts in this area did not attract legal attention is required and adequate. Based on these facts and premises and found that the subject of protection of the right to education in the crises of the topics that deserve research and exploration in order to increase international interest in that side, and draw attention to the need to develop an international formula include the protection of the right to education for all groups affected by crises and armed conflicts, especially whether We learned that the Member States, including Iraq, has pledged to cooperate with the United Nations to ensure the observance of human rights, which include the right to education, was compelled to protect this right through the enactment of laws that conform with what is required by international law, and work in cooperation with international agencies specialized to provide all the means available to achieve this goal, either in normal circumstances or in times of crisis, absence of the right to education of the people, which means there is no nation or vibrant enjoy stability and prosperity.. The importance of education is no longer on the subject of controversy in any region of the world, contemporary international tests proved beyond any reasonable doubt, that the beginning of real progress but only is education; and that all the countries that have made great strides in progress in all fields and at all levels , whether social or cultural or economic or military gate made of Education, so we find that the developed countries take priority in education programs and policies, and we can say that the importance of the study highlight comes in. First : the ideological importance of the study is that the heavenly and especially Islamic Sharia has paid special attention to education stand out clearly in a number of verses of the Qur'an and the Hadith. Second : The humanitarian importance of the study in the denial and violation of the right of individuals to education hurt their ability to develop their character and care for and protect themselves and participate more actively in the social, economic and political life, and at the level of society as a whole that the denial of education harms the cause of democracy and social progress and thus to world peace and human security, we find, for example, through the teaching and learning of the human rights of every individual becomes unable to know the basic rights so that it could claim and reduce the violation. Either in crisis situations in particular can of education and through the dissemination of information on saving the lives of individuals, safety and risk prevention, that provides physical, psychological and intellectual protection for children, and help them to avoid exploitation and abuse, sexual violence or join terrorist groups and recruitment into armed groups. Third, it stems legal significance of that study; by offering international conventions and guidelines applicable in crisis situations, and analysis and comment, to reveal the extent of its effectiveness in protecting the right to education in that period, and examine the possibility of development or Abram private to protect the right to education in the armed conflict of international conventions.. Fourth : either from the research and jurisprudential point of this study; we believe that the research on this subject is of particular importance, being a touch on the subject have never dealt with an independent study in Iraq, according to the best of our knowledge on the one hand, on the other hand is obvious to everyone that Iraq from countries that have suffered a long period of crisis caused by the wars and conflicts, which have negatively impacted on the education sector and led to deprive a large segment of society from this basic and fundamental right, in addition to what was accompanied by the destruction and occupation allocated to the educational purposes of the buildings, and the decline in the quality of education and not to keep up with the rapid progress At the international level, and therefore we hope albeit modest in bridging the lack of legal libraries that almost devoid of legal books specialized in this field. After we finished the study of the international protection of the right to education in times of crisis "Iraq model" which we dealt with it in the first season to the historical stages of the recognition of the right to education, and the statement understandable and sections, types and its place in the international legal system, in addition to defining the concept of international protection of the right to education It enabled us to have access to basic intellectual tool for analysis. And we have dedicated the second chapter of the content of the right to education in international law, which was shown by the study, that the content is in three main aspects, namely : (1) the right to education, (2) the right to freedom of education, (3) What should be the purpose of education, including the right to human rights education. Either in the third chapter of our response to the study of international efforts to protect the right to education in times of crisis, and we can stand on the nature of this protection and what they are, through our analysis of the three legal systems of international law and identify the most important protected groups, and in particular we have seen that international law enhances the legal protection of the right to Education during armed conflicts, also found that international humanitarian law recognizes the international protection of educational establishments while ensuring the right to education for those affected by the conflict, as counting of international criminal law assault on educational institutions and the recruitment of children as a crime of war crimes and Pena possibility of prosecution of offenders through which according to responsibility individual criminal. As the international protection of the right to education is not enough to have just laid down rules in international agreements, we pointed out as well as to the important role played by international organizations like the United Nations and international and regional organizations specialized in that side, as we have through that chapter the role of international conferences in throwing political commitment the responsibility of the governments of countries in strengthening the protection of the right to education in their domestic legislation. The Oferdna the fourth quarter to highlight the reality of education in Iraq, from which we sought to determine the nature of the crisis and what are the ways of protection in that side as well as the statement of positions and statements and the efforts of the international community to support the right to education in Iraq.
