أثر اختصاصات مجالس المحافظات في حقوق الإنسان

Abstract

Human rights are among the highest levels of public order. The state seeks to ensure their protection and non-violation. Since satisfying the needs of individuals and providing them with the best services are among the priorities of the administration, the administrative organs that are concerned with this will have a permanent influence on those rights. They either contribute to their protection or to be a cause of violating those rights. After the functions and tasks of the modern state have been multiplied, it has become very difficult for all the needs of individuals to be satisfied by the central state authorities. Therefore, it was necessary to give a role to the decentralized local bodies to carry out the tasks of satisfying the needs of local individuals, as they are more capable than others to perform this role. As a result of this, administrative decentralization arose as a method or method of administrative organization, and the governorate council enjoys an important and vital legal position in the system of regional administrative decentralization. It exercises its powers granted to it in accordance with the principles of administrative decentralization, and that these competencies have human rights implications. Positively and negatively, the Law of Governorates not Organized in a Region No. 21 of 2008, as amended, is considered as a fundamental turning point in the way of implementing the administrative decentralization system in Iraq. However, some of its texts need to be revised and amended, to come up with a more integrated organization that achieves the purpose for which this system was established which is the distribution of administrative functions between the central administration, the local authorities, and the central administration’s focus on national goals, as well as granting these bodies the necessary independence to exercise the powers specified for them by law. This could be done by enabling them to manage their affairs, being the closest to individuals, and the most knowledgeable of their needs, which is due the public benefit of local communities, and contributes to the development of those communities.