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March 27, 2026AL-Qadisiya Journal For Law and Political Sciences0 citations

The constitutional deficiency in guaranteeing the rights of future generations in the Iraqi Constitution of 2005

HAHaitham Naji Muhammad Al-Shujairi

Key Points

  • This paper examines the limitations of the Iraqi Constitution in recognizing and safeguarding the rights of future generations.
  • Analyzed the classification of human rights into three generations.
  • Evaluated the Iraqi Constitution of 2005 for explicit protections of future generations' rights.
  • Discussed the implications of constitutional deficiencies for future generations.
  • The Iraqi constitution lacks explicit provisions for protecting the rights of future generations.
  • Future rights include the right to development, environment, and participation in political processes.
  • Current constitutional framework does not adequately reflect the needs of future generations.

Abstract

The idea of classifying human rights into three generations was based on the temporal disparity in the international community’s interest in one right over another. The first generation of the human rights system talks about political and civil rights, while social and economic rights are concentrated in the second generation, while the rights of the third generation are what they are called. The new human rights are the right to development, the right to a healthy and sound environment, the right to peace, and the right to benefit from the common heritage of humanity. It is directly related to the rights of future generations. In modern legal systems, most constitutions tend to stipulate recognition of the state’s duty to guarantee future rights, and the individuals’ duty as well to protect them. The rights of future generations are not limited to the third generation of rights, but even the right to participate in amending or changing the constitution, and to participate in the political system. It is illogical that the current generation determines the future of the next generation, and for the constitution to oblige the next generation to submit to what the previous generation wrote These rights, which with technological development, had to become constitutional rights, and this study came to show the extent to which the Iraqi constitution includes providing protection for the rights of future generations, and it was shown through it that the Iraqi constitution did not include any explicit text on the protection of their rights,

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Cite This Study

Haitham Naji Muhammad Al-Shujairi (2024) studied this question.

synapsesocial.com/papers/69c6202f15a0a509bde18960https://doi.org/10.63677/jqlap.2024.183591
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