Legal assistance to non-citizens in international private relations under Iraqi law

Abstract

Citizenship is a general affiliation that has its determinants and dimensions in the lives of people who belong to a particular community.  These determinants are equality, freedom, identity and justice. As international law generally gives each country the power to determine who has the eligibility of citizenship, but the persons (permanent residents, migrants, asylum seekers and refugees, victims of human trafficking, foreign students, temporary visitors, and other categories of non-immigrants and stateless persons) who are not recognized by the state as having actual ties to it, such as the bond of nationality, face intractable problems, especially in the field of justice, including the lack of access to legal aid, which is one of the important judicial principles in the field of litigation. It is used as a measure intended to ease the burden of litigation for people who are unable to bear judicial fees, lawyers' and experts' fees and other fees to defend their rights. It is the right of every citizen to have judicial justice that enables him to exercise his natural and constitutional rights, which requires protection for this category of people by providing effective judicial guarantees that help deliver rights to their owners. This actually requires taking measures that keep pace with the stage and accord with human rights.