Iraqi Economic Rights

The Iraqi constitution guarantees a dazzling array of economic, social, and cultural rights.

SECOND: Economic, social and cultural rights

Article (22): 1st - Work is a right for all Iraqis in a way that guarantees them a good life.
2nd - The law regulates the relation between employees and employers on an economic basis, while keeping in consideration rules of social justice.
3rd - The state guarantees the right to form or join syndicates or professional unions. This shall be regulated by law.

Article (23): 1st - Private property is protected and the owner has the right to use it, exploit it and benefit from it within the boundaries of the law.
2nd - Property may not be taken away except for the public interest in exchange for fair compensation. This shall be regulated by law.
3rd - (a) An Iraqi has the right to ownership anywhere in Iraq and no one else has the right to own real estate except what is exempted by law. (b) Ownership with the purpose of demographic changes is forbidden.

Article (24): The state shall guarantee the freedom of movement for workers, goods and Iraqi capital between the regions and the provinces. This shall be regulated by law.

Article (25): The state shall guarantee the reforming of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector.

Article (26): The country shall guarantee the encouragement of investments in the different sectors. This shall be regulated by law.

Article (27): 1st - Public property is sacrosanct, and its protection is the duty of every citizen.
2nd - Regulations pertaining to preserving and administrating state property, the conditions set for using it and the cases when giving up any of the property may be allowed shall be regulated by law.

Article (28): 1st - Taxes and fees shall not be imposed, amended, collected or eliminated except by law.
2nd - Low-income people should be exempted from taxes in a way that guarantees maintaining the minimum level necessary for a living. This shall be regulated by law.

Article (29): 1st - (a) The family is the foundation of society and the state should preserve its (the family's) existence and ethical and religious value. (b) The state shall guarantee the protection of motherhood, childhood and old age and shall take care of juveniles and youths and provide them with agreeable conditions to develop their capabilities.
2nd - Children have the right to upbringing, education and care from their parents; parents have the right to respect and care from their children, especially in times of want, disability or old age.
3rd - Economic exploitation of children in any form is banned and the state shall take measures to guarantee their protection.
4th - Violence and abuse in the family, school and society
shall be forbidden.

Article (30): 1st - The state guarantees social and health insurance, the basics for a free and honourable life for the individual and the family - especially children and women - and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.

Article (31): 1st - Every Iraqi has the right to health service, and the state is in charge of public health and guarantees the means of protection and treatment by building different kinds of hospitals and health institutions.
2nd - Individuals and associations have the right to build hospitals, dispensaries or private clinics under the supervision of the state. This shall be regulated by law.

Article (32): The state cares for the disabled and those with special needs and guarantees their rehabilitation to integrate them in society. This shall be regulated by law.

Article (33): 1st - Every individual has the right to live in a correct environmental atmosphere.
2nd - The state guarantees protection and preservation of the environment and biological diversity.

Article (34): 1st - Education is a main factor for the progress of society and it is a right guaranteed by the state. It is mandatory in the primary school and the state guarantees fighting illiteracy.
2nd - Free education is a right for Iraqis in all its stages.
3rd - The state encourages scientific research for peaceful purposes in a way that benefits humanity and it promotes excelling, creativity and the different manifestations of excellence.
4th - Private and national education is guaranteed and regulated by law.

It is inconceivable the United States would amend its constitution to guarantee individual economic rights like those guaranteed in the Iraqi constitution.

The Iraqi constitution guarantees private property rights along with economic rights for individuals and families. Framing laws that guarantee both sets of rights will ultimately mean both sets of rights will come into conflict.

Will the new Iraq become like the United States where individual economic rights such as labor, health, education, housing, old age security, children's security, women’s rights, freedom from violence, protection of the poor, and environment protection go by the wayside at the expense of property rights for entities such as corporations and the wealthy individuals who control them?

Prediction is unavoidable. Private property rights will trump economic rights given oil is Iraq’s major economic resource. The producers, refiners, and consumers of oil will call the tune.

The Iraqi constitution presents a socialist experiment without the elimination of private property. I think Marx would predict the failure of guaranteeing economic rights in the current situation. It will be interesting to see the reaction of the Iraqis after the consolidation of private property.

Predicting the future of democracy in Iraq is even more difficult with all the other cultural and religious issues at stake in the country.