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The constitutional deficiency in guaranteeing the rights of future generations in the Iraqi Constitution of 2005 | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 1, September 2024, Pages 211-232 PDF (510.07 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183591 | ||
| Author | ||
| Haitham Naji Muhammad Al-Shujairi* | ||
| Sunni Endowment Office/Department of Religious Education and Islamic Studies | ||
| 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, | ||
| Keywords | ||
| constitutional rights; future generations; third generation; amending the constitution | ||
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