THE PRINCIPLE OF PROHIBITING SUSTAINABLE DISCRIMINATION AND ITS APPLICATION IN IRAQI LAW

Abstract

This paper examines the principle of non-discrimination and its applicability within the Republic of Iraq, highlighting its status as a universal principle not confined to any specific location or group. Although we address constitutional provisions that uphold the principle of equality, it becomes evident that the existence of constitutional guarantees alone is insufficient to uphold this principle. This is due to existing gaps in certain laws and legislative deficiencies that allow for discrimination and fail to criminalize it within the criminal justice system, which is essential for deterring unlawful behavior in any nation. Moreover, the principle of non-discrimination lacks a distinct definition in legal texts. The constitutional provisions that prohibit discrimination, appear to hinder the effective application of this principle, reducing it to a mere rhetorical commitment rather than a practical reality. Consequently, by associating the prohibition of discrimination with the Sustainable Development Goals endorsed by the United Nations, we aim to establish it as a long-term, sustainable principle. This objective is pursued through the eradication of all discriminatory practices against victims and providing them with compensation for the injustices they have endured, which are violations of their rights as enshrined in the Constitution and protected by international conventions