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

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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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2024-09-01
DOI
https://doi.org/10.63677/jqlap.2024.183591
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

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

Haitham Naji Muhammad Al-Shujairi
AL-Qadisiya Journal For Law and Political Sciences
Environmental law and policy
article

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

Haitham Naji Muhammad Al-Shujairi
article en

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,

AL-Qadisiya Journal For Law and Political SciencesVol. 15(Issue: 2 part 1)
University of Islamic Studies (PK)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Environmental law and policy
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