Legal protection of people with special needs in Iraq (comparative study)

Abstract

Law determines the rights and imposes multiple aspects of protections as there is no value of the legal texts unless they are accompanied by the possibilities of a proper application otherwise they will become meaningless. People with special needs are among the most vulnerable groups in society. For this reason, they must have the right of a remedy and must have the necessary legal protection in various areas of their lives according to their own circumstances as a way of contribution in increasing their interaction with their communities making a positive distinction for them. The aspects of protections stated for them have developed along with the evolvement of human societies over the ages. In ancient times, they were being underestimated but this inferior view changed to be turned into a compassion, pity or mercy , into care and rights' determination and then into participation in the society and make people with special needs directing their own affairs. There is a growing care about them by providing services and rehabilitation programs, providing a suitable environment to exercise their life's activities, and make their own decisions and to be producers and actors in their communities rather than recipients of services. Thus, the world, in most countries, is amazed with the results they achieved once a suitable environment and support be available in the community to which they belong. The international community's interest in people with special needs increased in the last quarter of the twentieth century, resulting in the declaration of the Rights of the Mentally retarded in 1971 and the Declaration of the Rights of the Disabled in 1975. Thereafter, the international declarations and conventions that followed include a recognition of their rights and their care. In this way, the international effort was over by the convention of the rights of Disabled people of 2006 and its annexed Optional Protocol. Iraq has given a special attention to people with special needs through its permanent constitution in 2005, by being joined to the Convention of the Disabled Rights in 2006 and its ratification in 2012 and by passing the Enactment of the Welfare for Disabled people and Special Needs No. 38 of 2013. In addition to the further various provisions of the relevant laws.