نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This study examines the guarantees of a fair trial in Iraqi labor disputes, viewing them as a prerequisite for transforming the legal protections afforded to workers and employers into effective judicial protection. The core problem addressed is the extent to which existing constitutional, legislative, and procedural guarantees ensure equal access to justice in disputes—cases often characterized by an economic imbalance between the parties. The study aims to clarify the multifaceted concept of a fair trial, outline its constitutional basis in Iraq, analyze its alignment with international standards and obligations related to labor protection, and evaluate the institutional and procedural safeguards that govern the adjudication of such disputes. These safeguards include judicial independence and impartiality, equality between the parties, the right to present a defense and evidence, the opportunity to challenge evidence, the public nature of proceedings, the requirement for reasoned judgments, and the availability of appellate review within reasonable timeframes. Employing a descriptive-analytical approach, the study examines relevant legal texts and literature concerning guarantees in labor litigation. The findings indicate that legal provisions alone cannot ensure a fair trial if they are coupled with overly complex litigation procedures, difficulties in proving the existence of an employment relationship, or delays in the resolution of cases. Furthermore, the study highlights that judicial specialization, continuous training, and facilitated access to legal information are essential for ensuring effectiveness. The study recommends refining the framework for labor litigation, strengthening guarantees for defense and appellate review, and enhancing institutional capacity-building alongside oversight to ensure adherence to the principles of a fair trial, thereby safeguarding the rights of both parties.
کلیدواژهها English