نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
This study examines the constitutional and institutional safeguards through which the tension between the requirements of national sovereignty and international human rights standards can be reconciled, with a primary focus on the Iraqi legal system. The significance of this research stems from the disparity between the constitutional recognition of rights and the state’s international obligations, on the one hand, and the actual capacity of institutions to translate these obligations into legislation, procedures, and judicial guarantees, on the other. The study addresses the question of how to establish a permanent national mechanism for harmonization—one that preserves the state’s legislative jurisdiction while preventing the invocation of sovereignty as a pretext to obstruct the protection of rights. It aims to analyze legislative reform and the integration of human rights principles into domestic law; evaluate the roles of the constitutional judiciary, oversight bodies, and civil society; and outline the conditions under which cooperation with international organizations serves to support reform rather than replace national responsibility. The research employs a descriptive-analytical approach, alongside a functional comparison of the protection mechanisms discussed, with a specific focus on their application in Iraq.The quality of legal texts alone is insufficient to ensure compliance; rather, the effectiveness of reform depends on the independence of oversight bodies, access to information, coordination among the legislative, executive, and judicial branches, and the existence of clear channels for receiving complaints and grievances.External technical partnerships are most effective when aligned with explicitly stated local priorities, measurable indicators, and ongoing training programs.The study recommends,adopting a model of "responsible sovereignty" balances state independence with international obligations.The success of this approach requires the implementation of publicly announced timelines, verifiable data on complaints and corrective actions,and regular reporting on legislative inconsistencies,along with mechanisms to resolve therby transforming protection from a theoretical commitment into an ongoing institutional practice.
کلیدواژهها English