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Guarantees of the worker's right to the principle of equality and equal opportunities in the Iraqi labor law

The principle of equality in human life is one of the noblest principles ever found. These principles have been planted in the conscience and conscience of man, and it is the principle that is considered to be an inextricable right with the existence of human in the collective relations between humans in general and members of a group of groups or conglomerates unintentionally organized but created by circumstances. Accordingly, all international and domestic legislations considered it to be a human right, especially in relation to equality in the right to work, equality in other rights and what is associated with the remuneration of work (wages) and related to its attachments and leave. The Labor Law No. 37 of 2015, In Chapter III. This chapter, entitled "Basic Principles and on the basis of absolute equality" in article 4, which states that "Work shall be the right of every citizen capable of it, and the State shall endeavor to provide it on the basis of equal opportunity without discrimination of any kind." Article Equal to workers who are able to work and this is called absolute equality. At the end of the process, the relative equality of those whose chances are equal is determined, and in both cases they are governed by the principle of non-discrimination. This is what was stated in the Iraqi Constitution of 2005, consistent with and consistent with the law. Article 22 (1) states that "work is a right for all Iraqis to ensure a dignified life." In this regard, (Equality before the law among all Iraqis) in conformity with the Constitution (2005) and other times have affirmed and recognized the relative equality of equal opportunity and the principle of equal opportunities is the result of the principle of equality and the principle of equal opportunities The principle of equality which has been given for a year is enshrined in article 8 (a) (B) of the Labor Code, which states that "This Act prohibits any violation or violation of the principle of equal opportunities and equal treatment for any reason, and in particular discrimination between workers, whether directly or indirectly, in respect of vocational training, employment or "All that was said was the work on absolute equality or relative or realistic equality that we presented in the body of the research was proportionate and consistent with the provisions of the Constitution of Iraq for the year2005.  

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Publication Date
Sun Apr 28 2019
Journal Name
Journal Of Legal Sciences
The guarantees to the rule of law Iraq and Algeria exemplar

      ان اي مجتمع لابد له من سلطة تنظم امره وتدبر شؤونه لان المجتمع الانساني ضروري ويعبر الحكماء عن هذا بقولهم (( الانسان مدني بالطبع اي لابد له من الاجتماع ))(


[i]) ، وان مبدأ سيادة القانون يتطلب وجود دولة قانونية تقوم على اركان حقيقية تستمد قوتها من الشعب باعتباره مصدر السلطات ،ولها قوة ملزمة تستمدها من القواعد الدستورية التي ارست عليها بنائها القان

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The policy of criminalization and punishment in the labor law

The labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stip

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The right to equality and the position of the constitutional judiciary

The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.

 A careful reading of the judicial decisions reveals different meanings to the co

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Rules for Sustainable Development to Protect Working Women in Iraqi Labor Law No. 37 of 2015

Our research dealt with the issue of sustainable development related to the legal rules of the labor law in force to achieve the necessary protection for the rights of working women. The Iraqi labor law in force set several rules inspired by the texts of international conventions to protect working women at work. These rules were summarized in our research to the rules of protection from sexual harassment. At work, and the basis for obtaining decent work for women at work, Iraq was one of the countries organizing the Convention (CEDAW) that combats sexual harassment and gender discrimination, and which called for the importance of the presence of women in developing society and achieving the global goals of sustainable development. Devel

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Right to Control The Goods In UAE Law and Rotterdam Rules

This research discusses the right of control in accordance with the rules of Rotterdam, and the UAE Maritime Commercial Law No. (26) of 1981 AD, the right of the sender and the consignee to issue instructions to the carrier regarding the goods, and the topic has been divided into two sections, the first topic entitled What is the right of control for seaborne goods, and the second topic It deals with the rights and obligations of the party controlling the seaborne goods.

he study concluded with many results and recommendations, including: that the right of the sender to direct and dispose of the goods during the sea voyage is not linked to the right of ownership contained in the goods; Because of their independence, the ownership

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Right to Strike for State and Private Sector Employees in Iraqi Legislation : A comparative study

The majority of constitutions stipulate and regulate public rights and freedoms in them, including the right to strike as one of the means of expressing an opinion, which public officials or workers resort to in the labor law in order to improve their working conditions and achieve legitimate professional demands while continuing the work of the public facility, However, his capacity as a public servant imposes some restrictions on him in his exercise of political freedoms, including the right to strike because it intersects with the principle of the continuation of the regular and steady functioning of public utilities, which governs the work of public utilities in satisfying the public needs of individuals. The Iraqi legislator permitt

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law

Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The child right of body protection in the international law A comparative study in Islamic shree

The children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.

We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.

At last we reach the conclusion and finally the recommendations.   

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Publication Date
Sun Jul 01 2018
Journal Name
Journal Of Educational And Psychological Researches
Equality in Islamic Thought

The concept of equality in Islamic thought emanates from the unity of human entity that does not breach the concept of equality in itself and it should take differentiation among people as means for development and growth not as excuse for injustice and discrimination. Islamic thought has left all the prevailing norms of differentiation such as (weakness and strength, economic and social position, gender, color, and social class). Islamic thought has underscored the quality of people of different race, race, color, and language which was not familiar in those civilizations before the emergence of Islam such as (Egyptian, Persian, roman civilization). It was common to divide people into different social classes. The aim of Islam is to kee

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Enshrine the Principle of the Common Heritage of Humanity Within the Framework of International Law

The international community began to realize, following the discovery of  vast wealth in areas that fall outside the territorial limits of states sovereignty, that the huge difference in scientific and technological development between developed and developing countries may give developed countries the opportunity to exploit these wealth, and this, in turn, will lead to a widening gap between countries, developed and developing countries, and the consolidation of the principle of inequality due to the lack of third world countries with the capabilities that allow them to participate in the exploitation of these wealth, and when these concerns came to the fore in the United Nations General Assembly in 1967, Ambassador Arvid Bardo, th

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