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Constitution encourages private sector ownership Original Source Link: (May no longer be active)
http://www.wtop.com/index.php?sid=557485&nid=255&template=print"Article (23): (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."
"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."
http://www.wtop.com/index.php?sid=557485&nid=255&template=print
Final Draft of Iraqi Constitution - 3
Updated: Thursday, Sep. 15, 2005 - 3:45 PM
By The Associated Press
(AP) - The complete text of the final draft of the Iraqi Constitution, as translated from the Arabic by The Associated Press, part 3.
CHAPTER TWO: RIGHTS AND FREEDOMS
PART ONE: RIGHTS
FIRST: Civil and political rights.
Article (14): Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.
Article (15): Every individual has the right to life and security and freedom, and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.
Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Article (17):
1st _ Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.
2nd _ The sanctity of the home is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.
Article (18):
1st _ An Iraqi is anyone who has been born to an Iraqi father or an Iraqi mother.
2nd _ Iraqi nationality is a right to all Iraqis and it is the basis of their citizenship.
3rd _
(a) It shall be forbidden to withdraw the Iraqi citizenship from an Iraqi by birth for any reason. Those who have had their citizenship withdrawn have the right to reclaim it and this should be regulated by law.
(b) Iraqi citizenship shall be withdrawn from naturalized citizens in cases stated by law.
4th _ Every Iraqi has the right to carry more than one citizenship. Those who take a leading or high-level security position must give up any other citizenship. This shall be regulated by law.
5th _ Iraqi citizenship may not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq.
6th _ Citizenship regulations shall be determined by law, and the proper courts should hear suits arising from the regulations.
Article (19):
1st _ The judiciary is independent, with no power above it other than the law.
2nd _ There is no crime and no punishment except by the text (Editors Note: of law). And there is no punishment except for an act that the law considers a crime at the time of its commission. No punishment can be enacted that is heavier than the punishment allowed at the time of the crime's commission.
3rd _ Trial by judiciary is a right protected and guaranteed to all.
4th _ The right to defense is holy and guaranteed in all stages of investigation and trial.
5th _ The accused is innocent until his guilt is proven in a just, legal court. The accused cannot be tried for the same accusation again after he has been freed unless new evidence appears.
6th _ Every individual has the right to be treated in a just manner in all judicial and administrative procedures.
7th _ Court sessions will be open unless the court decides to make them secret.
8th _ Punishment is for individuals.
9th _ Laws do not apply retroactively unless otherwise has been legislated, and this exception does not include laws of taxes and duties.
10th _ Punitive law shall not be applied retroactively unless it is best for the defendant.
11th _ The court shall appoint an attorney to defend defendants charged with a felony or a misdemeanor who don't have an attorney and it shall be at the state's expense.
12th _
(a) (Arbitrary) detention shall not be allowed.
(b) Arrest or imprisonment is not allowed in places other than those designated for that according to prison laws that are covered by health and social services and are under the control of the state.
13th _ Preliminary investigation papers shall be shown to the concerned judge no later than 24 hours from the time of the detention of the accused and cannot be extended except once and for same duration.
Article (20): Citizens, male and female, have the right to participate in public matters and enjoy political rights, including the right to vote and run as candidates.
Article (21):
1st _ An Iraqi shall not be handed over to foreign bodies and authorities.
2nd _ Political asylum to Iraq shall be regulated by law and the political refugee shall not be turned over to a foreign body or forcefully returned to the country from which he has fled.
3rd _ Political asylum shall not be granted to those accused of committing international or terror crimes or to anyone who has caused Iraq harm.
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 (found 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 (Editors Note: 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 honorable 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.
(2nd _ The state guarantees the social well-being and health care for Iraqis in case of old age, sickness, disability, becoming a refugee or orphan, or unemployment; works to protect them from ignorance, fear and poverty; provides them with housing and rehabilitation; and takes care of them. This shall be regulated by law.)
Article (31): 1st _ Every Iraqi has the right to health services, 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.
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