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International protection of the right to legal personality | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 9, Issue 3, 2017, Pages 477-513 | ||
| Author | ||
| Dr. Hayder A .Muhsin al-Juboury | ||
| Abstract | ||
| The right to legal personality Considered as an indispensable right, because it constitutes the main base to demand of the other rights and practice, so national laws passed the right of every natural person in recognition of his legal personality, which qualifies him to acquire the rights from the moment of his birth, and this recognition has earned right recipe and has become the legal rules international which organized it from the rules of jus in international human rights law. There were a number of historical, political and social factors, as bad effects after the Second World War, and the phenomenon of discrimination before the law, which was practiced in the past, seriously affected the explicit legal provisions related to the right to the legal personality of the inclusion, at the forefront of international human rights instruments rights, such as Article (6) of the Universal Declaration of Human rights of 1948, and Article 16 of the international Covenant on civil and political rights, and the rest of the international conventions, either international conventions dealing with the fundamental rights of certain groups vulnerable, it has lacked a direct explicit texts on the right, with it contained other rights that cannot be exercised, or possession without his presence. In fact, a right still faces great difficulties, for scale personal still is vulnerable groups suffer from disabling the right in certain circumstances, which applies to immigrants in some states, even though the legal personality fixed them under international law and no need to prove, either on a time scale there violations exposed right in normal conditions and exceptional, amounting to total disruption of legal personality; hence be international and regional supervisory devices play an important role in the validation of activating it and establish it as provided for in international conventions. | ||
| Keywords | ||
| International protection; right; legal personality | ||
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