الحماية الدستورية لحق التنوع الثقافي في العراق

Abstract

The right to cultural diversity is one of the rights that constitutions have begun to ensure including them in their constitutional texts or in their contents due to the importance of this right. It actually confirms the people's desire for coexistence and respect for others who differ in religion, language, or race ... etc. This right, like all other rights, needs protection from being abused by the state’s authority by wasting this right, violating it, or emptying it from its content which the constitution affirms. The best protection for this principle is constitutional protection. It has become a formulation that is understandable to all individuals, through which every person can learn about his rights and freedoms. If we look at the 2005 constitution of Iraq, we find that it has followed the path of modern democratic constitutions. It affirmed through its texts the concept of the right to cultural diversity through the constitutional texts affirming this right and the text in Article (126) on complex procedures in amending the constitution. An objective ban was imposed on constitutional texts related to rights and freedoms that are not permissible to amend until after a period of time as a kind of constitutional protection. As for the state authorities, we find that the 2005 constitution has distributed the powers between the three authorities and granted the legislative authority the power to legislate laws related to the right to cultural diversity. Indeed, the legislative authority has issued laws related to this right. As for the executive authority, it is through the state ministries and departments of the General Secretariat of the Council of Ministers which has carried out its work in providing protection for the right of diversity through its procedures. As for the judicial authority represented by the Federal Supreme Court, and through its monitoring of the constitutionality of legislation, will cancel every law that violates the right to cultural diversity. The constitution also created the Independent High Commission for Human Rights as an independent body that monitors violations of rights and freedoms, including the right to cultural diversity.