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TYPE
Original Research
PAGE NO.
158-165
DOI
OPEN ACCESS
SUBMITED
14 March 2025
ACCEPTED
30 April 2025
PUBLISHED
30 May 2025
VOLUME
Vol.05 Issue05 2025
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
A Legal Reading of the
Rights of Persons with
Disabilities in Light of the
International Convention
Mushtaq Talib Mhana Awadh
Al-Furat Al-Awsat Technical University, Babylon Technical Institute, Iraq
Abstract:
Persons with disabilities represent a segment
of society whose circumstances are shaped by
disabilities that limit their ability to fulfill social roles in
the same manner as their peers. This group has the
right, like all other segments of society, to be treated
with respect and to receive protection. They hold an
important position and have garnered significant
attention from communities worldwide, as their
inclusion is integral to the advancement of human
rights. However, it is essential to develop their
capabilities and address their needs, as disabilities
impose unique social, psychological, educational,
medical, and economic challenges that can only be met
through comprehensive rehabilitation and efforts to
mitigate the barriers that hinder their integration into
society. Given the significant status of persons with
disabilities in society, due to their educational and
economic dimensions, countries and international
organizations have been committed to providing legal
protection for these individuals. Most legislation and
texts stipulate the necessity for them to enjoy and
exercise all their rights, on an equal footing with
ordinary people, including healthcare, medical care,
employment, education, and grants to assist them in
managing their affairs. Among the declarations that
stipulate the rights of these persons is the Declaration
on the Rights of Persons with Disabilities. Among the
most important pieces of legislation that stipulate their
rights is Iraqi legislation, which enacted a special law
specifically for them: Law No. 38 of 2013 on the Care of
Persons with Disabilities and Special Needs.
Introduction:
The importance of studying this segment
of society lies in exploring the legal protections afforded
to individuals with special needs under international
conventions and Iraqi legislation. This analysis aims to
understand how these rights are represented in
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international agreements, their status within Iraqi law,
and the extent to which Iraqi legislation addresses the
rights of these individuals.
The focus of this study is to examine the extent to
which international conventions and Iraqi legislation
address the concerns of individuals with disabilities,
provide them with legal protection, safeguard their
rights, and ensure a dignified life. The structure of the
study is organized into two main sections, each divided
into two subsections. The first section discusses the
legal framework surrounding the concept of
individuals with disabilities, while the second section
explores the protection of the rights of individuals with
disabilities as outlined in international agreements and
Iraqi legislation.
Chapter One
The Legal Framework for the Concept of Persons with
Disabilities
The concept of disability has garnered significant
attention in both linguistic and legal contexts due to
the unique status of individuals within this group. Both
international and national Iraqi legislation have
addressed this concept. Their circumstances have been
analyzed through a comprehensive framework, leading
to the enactment of laws and international legal
instruments designed to ensure a dignified life for
individuals with disabilities by recognizing their rights
and safeguarding them against discrimination
compared to the general population.
The Legal Framework for Individuals with Disabilities
Persons with disabilities have been a significant
concern for societies, both in the past and present,
particularly at the international and domestic levels.
Specific definitions for this group have been
established in international agreements, global
organizations, and both Arab and foreign legislation,
including Iraqi law.
Among the first international organizations to focus on
individuals with disabilities was the United Nations
General Assembly, which adopted the 1975
Declaration on the Rights of Disabled Persons. This
declaration defined a person with a disability as "any
individual unable to ensure, wholly or partially, the
necessities of normal individual or social life due to a
deficiency in their physical or mental capabilities,
whether congenital or acquired." ( )
The World Health Organization defined disability in
1980 as the inability to perform certain functions due
to physical or mental impairments resulting from
illness, accidents, violence, or genetic factors. This
definition highlights how such impairments can lead to
a reduction in life functions or performance levels,
which in turn limits opportunities for progress in self-
care, learning, work, and other human activities.” ( )
It is well-known that the 14th International
Rehabilitation Congress, held in Canada in 1980, defined
disability as "a condition that limits an individual's ability
to perform one or more essential functions of daily life,
such as self-care, social relationships, and economic
activities, within limits that are considered to be of a
physiological or psychological nature or related to the
structural makeup of the div." Additionally, the 1983
Vocational Rehabilitation and Employment Convention
defines a disabled person as "an individual whose
prospects of securing, retaining, and advancing in
suitable employment are significantly diminished due to
a legally recognized physical or mental impairment.." ( )
According to the 2006 Convention on the Rights of
Persons with Disabilities, Article 1 defines persons with
disabilities as “every person with a disability who
has
long-term physical, mental, intellectual, or sensory
impairments which, in interaction with various barriers,
may hinder their full and effective participation in
society on an equal basis with others.”” ( )
Article 3 of the Convention emphasizes the importance
of respecting the inherent dignity and autonomy of
individuals. This includes the freedom to make personal
choices, the right to independence, and the principle of
non-discrimination. It also mandates the full and
effective participation and inclusion of persons with
disabilities in society, promotes respect for differences,
and acknowledges individuals with disabilities as
integral to human diversity and nature. Furthermore, it
advocates for equal opportunities, accessibility, gender
equality, respect for the evolving capacities of children
with disabilities, and the right of these children to
preserve their identity.. ( )
The International Convention on the Rights of Persons
with Disabilities, established in 2008, defines persons
with disabiliti
es as “individuals who have long
-term
physical, mental, intellectual, or sensory impairments
that, when interacting with various barriers, may hinder
their full and effective participation in society on an
equal basis with others.”.” ( )
Iraq has demonstrated a commitment to supporting
individuals with special needs through several key
legislative measures, including the Permanent
Constitution of Iraq (2005), its accession to the
Convention on the Rights of Persons with Disabilities
(2006), ratified in 2012, and the enactment of Law No.
38 of 2013 concerning the Care of Persons with
Disabilities and Special Needs. The establishment of this
law is crucial, as it fulfills one of the fundamental
obligations arising from Iraq's accession to the
Convention on the Rights of Persons with Disabilities.
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Additionally, it complements the scattered provisions
found in other relevant laws. The legal protections
afforded to individuals with special needs in Iraq are
essential, given that they represent a significant
portion of the population. This demographic has been
affected
by
various
factors,
including
the
consequences of war, the use of harmful weapons,
environmental pollutants, and ongoing health risks.
Furthermore, the population has faced prolonged
exposure to these dangers over several decades,
alongside
rising
traffic
accidents,
inadequate
healthcare, genetic predispositions, and other
substandard services available to citizens. Reason:
Improved clarity, vocabulary, and technical accuracy
while maintaining the original meaning.
As a result, the Iraqi legislator defined disability in the
Social Welfare Law of 1980 as “any individual whose
ability to work, secure employment, or maintain
stability in their job is diminished or absent due to a
deficiency
or
disturbance
in
their
mental,
psychological, or physical capabilities.” The law
classifies disabled individuals based on the nature of
their disability
—
whether physical, psychological, or
mental
—
and their capacity to work. In contrast, the
Law on the Care of Persons with Special Needs of 2013
defines individuals with disabilities as “any restriction
or lack of a person’s ability to interact with their
environment due to a disability or defect, within the
limits that are considered normal for human beings.”.”
( )
The Ira
qi legislator defines disability as “any individual
who has lost, either partially or completely, the ability
to participate in societal life on an equal basis with
others due to a physical, mental, or sensory
impairment that has resulted in a deficiency in their
functional performance.”.” ( )
We conclude from the previous definitions in
international agreements and Iraqi legislation that
both sources define disability as a physical or mental
impairment of the disabled person and his inability to
secure daily necessities and limits their movements in
the usual manner like the rest of the normal people.
These international agreements and national laws
serve as a safeguard for people with disabilities,
ensuring they are treated with special consideration.
They establish specific rights and provide various forms
of material assistance and to help individuals continue
their lives. This includes supplying tools tailored to
each person's needs based on the varying degrees of
their disabilities.
The Second Requirement
Recognizing the Rights of Persons with Disabilities in
International Conventions
The international community has made efforts to
integrate individuals with disabilities into society,
recognizing the valuable contributions they can make by
harnessing their potential. This integration helps break
the cycle of isolation and fosters a more inclusive
society, benefiting both the individuals and the
community as a whole.
Many countries and international organizations have
played a significant role in identifying the needs of
individuals with disabilities and subsequently enshrining
these needs in international conventions and national
laws. These laws serve as a vital guarantee for this
important segment of society. The declarations and
conventions, for instance, extend beyond the initial
documents that sparked the movement and legislative
efforts adopted by numerous national legislatures. The
first of these is the Universal Declaration of Human
Rights, established in 1948.
The Universal Declaration of Human Rights is a pivotal
historical document in the realm of human rights. It was
drafted by representatives from diverse legal and
cultural backgrounds across the globe. The General
Assembly adopted the Universal Declaration of Human
Rights in Paris on December 10, 1948, in accordance
with Resolution 217 A. Article 2 of the Declaration
affirms that all individuals are entitled to the rights
outlined in this document without any distinction based
on race, sex, or religion. Although this article does not
specifically address the rights of persons with
disabilities, it acknowledges the rights of all individuals
without exception.
The International Covenant on Economic, Social, and
Cultural Rights of 1966
This covenant is a multilateral treaty adopted by the
United Nations General Assembly in December 1966
and entered into force on January 3, 1976. The treaty
recognizes numerous individual rights without
discrimination among different segments and groups of
society. It affirms the rights of individuals to social
security and social insurance, while Article 12
specifically acknowledges the right to physical and
mental health, as well as access to medical assistance in
the event of illness. Additionally, it asserts the right to
education, which contributes to the full development of
human personality and the enhancement of individual
dignity. Importantly, this treaty does not exclude
persons with disabilities or differentiate them from
others. Therefore, all of its provisions apply equally to
individuals with disabilities, including the right to
education. Furthermore, it is essential to note the
International Covenant on Civil and Political Rights,
adopted in 1966.
The International Covenant on Civil and Political Rights
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is regarded as one of the most significant international
documents governing human rights globally. It is a
multilateral treaty adopted by the United Nations
General Assembly on December 16, 1966, and it
entered into force on March 23, 1976. This covenant is
considered a fundamental component of the
international human rights framework and outlines
numerous rights, including the right to life, physical
integrity, personal integrity, and personal security.
Article 7 of the covenant states, one shall be subjected
to cruel or inhuman treatment or to compulsion to
undergo medical or scientific experimentation." It also
guarantees the right to freedom of expression,
movement, religion, and access to public office. All
individuals shall enjoy these rights without
discrimination.
Fourth: The Universal Declaration of the Rights of
Persons with Disabilities, 1975
This declaration emphasizes that individuals with
disabilities are integral members of society and
possess the right to enjoy all rights without
discrimination based on any grounds or status. It
underscores the inherent right of individuals with
disabilities to respect for their human dignity,
irrespective of the cause or nature of their disability,
and to enjoy all the fundamental rights afforded to
citizens of the same age, enabling them to lead a
decent and dignified life. Furthermore, individuals with
disabilities have the right to be included in measures
that promote their self-reliance to the greatest extent
possible. Conversely, this declaration highlights the
right of individuals with disabilities to protection from
any systems or treatments that are discriminatory or
that involve arbitrariness or degradation of human
dignity. Additionally, individuals with disabilities must
be empowered to access legal assistance when
needed, and their physical and mental conditions
should be fully considered if a lawsuit is filed against
them.. ( )
Fifth: International Labor Convention No. 159 of 1993
concerning
Vocational
Rehabilitation
and
Employment of Disabled Persons.
The concept of this convention is founded on the
assertion that the purpose of vocational rehabilitation
is to empower individuals with disabilities to secure,
retain, or advance in suitable employment, while also
facilitating their integration into society. This
convention outlines several policies that must be
adhered to when employing individuals with
disabilities, as well as the principles that underpin their
vocational rehabilitation. Sixth: The International
Convention on the Rights of Persons with Disabilities,
established in 2007.
The United Nations General Assembly, in its resolution
No. 56/168 dated December 19, 2001, established an ad
hoc committee tasked with drafting a comprehensive
and integral international convention for the protection
and promotion of the rights and dignity of persons with
disabilities. Over the course of five years, the committee
developed the International Convention on the
Protection, Promotion, and Dignity of Persons with
Disabilities, which was unanimously adopted by the
United Nations General Assembly on December 13,
2006. The Convention was opened for signature and
ratification by states on March 30, 2007, and it entered
into force in 2008.
This Convention comprises 50 articles that address
several key aspects of the rights of persons with
disabilities, including personal mobility, health,
education, employment, habilitation and rehabilitation,
participation in political life, equality, and non-
discrimination. It signifies a shift in the perception of
disability from a social welfare issue to a matter of
human rights, acknowledging that barriers and societal
prejudices are fundamental obstacles in themselves.
The Convention urges countries to implement measures
that enable individuals with disabilities to utilize public
transportation and access educational and learning
opportunities. This necessitates that signatory countries
enact laws and regulations aimed at enhancing the
rights of people with disabilities while abolishing
legislation, customs, and practices that discriminate
against them. Furthermore, the Convention emphasizes
the need for signatory countries to change the
prevailing attitudes towards individuals with disabilities,
combat prejudice, and promote awareness within
society regarding the capabilities and contributions of
people with disabilities. Signatory countries are
committed to ensuring that individuals with disabilities
have the right to live on an equal footing with others and
to improving transportation, public spaces, and
buildings to accommodate their needs. ( )
Protecting the Rights of Persons with Disabilities in the
International Convention and Iraqi Legislation
The international community has attempted to
establish numerous rights for persons with disabilities,
but their fundamental rights have not been clearly
defined. These rights are among the most important
human rights that every country seeks to enshrine in
laws to guarantee its citizens ' rights. This category of
persons has also received international attention
through international conventions specifically for
persons with disabilities.
The Rights of Persons with Disabilities in International
Conventions
International conventions have not overlooked the
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rights of persons with disabilities, like all other normal
persons. Their full rights have been recognized at all
levels,
including
livelihood,
education,
and
employment. However, among the most important
rights discussed in this study are the rights to
education, work, and healthcare, as these rights are
considered among the most important for enabling
them to continue living and secure their personal and
family needs.
First: The Right of Persons with Disabilities to
Education
The right to education is considered one of the most
fundamental human rights, which every person must
enjoy without discrimination. This has been affirmed in
international covenants, declarations, and national
legislation. Article 26 of the Universal Declaration of
Human Rights issued by the United Nations in 1948
states that "the right to education shall be exercised
without discrimination, and everyone has the right to
the same opportunities as others to access educational
facilities." ( )
To enshrine this right, UNESCO, the United Nations
Educational, Scientific and Cultural Organization
(UNESCO),
adopted
the
Convention
against
Discrimination in Education in Paris in 1960. This
convention considers discrimination in education a
violation of the rights enshrined in the Universal
Declaration of Human Rights. Article 3 stipulates that
states parties to this convention must "repeal any
legislative provisions or administrative instructions
which constitute discrimination in education and,
where necessary, ensure that there is no
discrimination in the admission of pupils to educational
institutions." This obligation, in one way or another,
includes specific groups, including persons with
disabilities, or the preference or discrimination of one
pupil over another. Article 4 of the convention also
states that "States Parties undertake to promote equal
opportunities and equality in educational matters. This
includes, for persons with disabilities, ensuring equal
access to education at the same level and equal
conditions relating to the quality of education
provided." Among the international agreements that
have recognized the rights of persons with disabilities
to education is the United Nations International
Convention on the Rights of Persons with Disabilities of
2006, in Article 24 on education: “States Parties
recognize the right of persons with disabilities to
education. To realize this right without discrimination
based on equal opportunity, States Parties shall ensure
an inclusive education system at all levels and lifelong
learning directed to the development of human
potential and the strengthening of respect for human
rights and fundamental freedoms and human diversity,
while developing the personality, talents, creativity and
participation of persons with disabilities in all aspects of
life.” The Convention also emphasized that persons with
disabilities should not be excluded from education at all
levels, and called for States to provide for individual
needs to facilitate learning, the parabolic method and
alternative forms of writing, facilitate sign language, and
encourage the linguistic identity of the deaf. The
Convention stipulated that persons with disabilities
should have access to general higher education,
vocational training, adult education, and lifelong
learning without discrimination.
Education is a global challenge and a development goal
that provides every child with the opportunity to
complete their primary education. Children living in
third-class countries, especially those with disabilities,
cannot attend school regularly. They face both moral
and material barriers to learning, including the cost of
education, varying abilities, and health conditions. This
makes the right to education subject to the principle of
equality and equal opportunity. Therefore, every
country must recognize free education at all levels and
exempt citizens from any financial obligations related to
it.
Second: The right of persons with disabilities to work.
The right to work is considered one of the most
important basic rights to enhance the individual's ability
to qualify his professional talents and secure his daily
life necessities. Through work, the individual can ensure
the continuity of life for his family in safety and security,
because work for the individual is considered a
livelihood. The United Nations International Convention
on the Rights of Persons with Disabilities of 2006
confirmed in Article 27 that "the right to work on an
equal basis with others includes the opportunity to earn
a living by work they freely choose or accept in the
labour market and in a work environment that is open
to and inclusive of persons with disabilities and
facilitates their integration into it. States Parties shall
protect and promote the right to work, including the
right of persons who acquire disabilities through their
work, by taking appropriate steps, including the
enactment of legislation to achieve objectives, the most
important of which is prohibiting discrimination based
on disability about the terms of employment and safe
and healthy working conditions, protecting them to a
situation of fair and appropriate working conditions
with equality and equal opportunities, receiving equal
remuneration for equal value, protecting them from
harassment and seeking redress for grievances, and
ensuring that they exercise their labour and trade union
rights on an equal footing." Equality with others, as well
as promoting employment opportunities for persons
with disabilities in the labor market, access to public
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technical and vocational guidance programs, access to
employment services and continuing vocational
training, promoting self-employment opportunities
and starting businesses, employing persons with
disabilities in the public sector and encouraging them
to work in the private sector. States Parties shall also
ensure that persons with disabilities are not subjected
to slavery or servitude and are protected, on an equal
basis with others, from forced or compulsory labor.
Among international efforts that supported the right of
persons with disabilities to work was the 1992 Arab
Labor Conference, which prioritized women with
disabilities, as Article 20 stipulated that "qualified
women with disabilities shall be given the same
opportunity as qualified men of equal ability, to
prevent any discrimination against women with
disabilities in employment." ( )
The United Nations Convention on the Rights of
Persons with Disabilities affirms that there is no need
to discriminate even between people with disabilities,
especially in terms of gender or qualifications, and
guarantees the most comprehensive protection for
people with disabilities, without limiting the distinction
between people with disabilities and normal, healthy
people. Third: The Right of Persons with Disabilities to
Access Health Care
Health care has become one of the most important
issues and necessities sought by every country and
every health-related organization, in addition to
providing medical and health care and services to
persons with disabilities. Health care is an integrated
set of basic health services provided by specialized
health centers. One of the first organizations to
address health care for persons with disabilities was
the United Nations General Assembly, by Resolution
No. 46/119 of December 17, 1991. This declaration
included the UN General Assembly's recognition of the
rights of persons with mental disabilities. Its first
principle states that "all persons shall have the right to
the best possible mental health care, and that persons
with mental illness shall be treated with humanity."
The third principle of this declaration stipulates the
right of persons with mental illness to live and work as
much as possible in the community. The seventh
principle stipulates the patient's right to treatment
when treatment is in a mental health facility. The
eighth principle of this declaration stipulates the right
of persons with mental illness to receive health and
social care appropriate to their health needs.
This right is also affirmed in the 1991 Convention on
the Protection of the Rights of Persons with
Disabilities. Article 25 of the 2006 Constitution
stipulates that "free or affordable health care and
programs for persons with disabilities are provided
equivalent in scope, quality, and standards to those
provided to other persons, including sexual and
reproductive health services and general population
health programs."
Second Requirement
Protection of Persons with Disabilities in Iraqi Law
Under Iraqi law, Iraq has enshrined the protection of the
rights of persons with disabilities in legislation and the
constitution, and is committed to international
agreements that protect the rights of these persons.
Iraq acceded to the Convention on the Rights of Persons
with Disabilities in 2012, thereby obligating itself to
respect their rights, ensure their protection, and
implement their provisions. In addition to Iraq's
accession to the Convention on the Rights of Persons
with Disabilities,
The Iraqi Constitution is dedicated to protecting this
right. It is well known that the constitutional document
includes general rules that apply to all individuals in
society, with no specific provision about a particular
group or minority. This means that the constitutional
rules relating to human rights apply to every individual
or citizen in society, whether they are natural persons
or disabled. Persons with disabilities do not enjoy all the
rights and freedoms stipulated in the Iraqi Constitution
of 2005. The Iraqi Constitution derived the protection of
the rights of persons with disabilities from international
agreements. The International Covenant on Civil and
Political Rights stipulates that each state and each party
to this Covenant undertakes to respect expatriates
without discrimination based on race, color, or
language.
Chapter Two of the Covenant stipulates equality and
non-discrimination based on disability. The Constitution
stipulates that "Iraqis are equal before the law without
discrimination based on sex, race, nationality, origin,
color, or economic or social status.." ( )The Iraqi
Constitution enumerates the grounds for non-
discrimination, but does not explicitly state non-
discrimination on the basis of disability. However, it can
be inferred from these grounds, as these grounds are
not exhaustive, but rather exemplary.
The Iraqi Constitution attempts to emphasize the
grounds for non-discrimination in its general form, so
that the legislative authority has a negative duty not to
discriminate based on disability. Furthermore, it would
be preferable for the Constitution to explicitly state a
positive duty, obligating the legislative authority to take
the necessary measures and actions for persons with
disabilities. The Iraqi Constitution enshrines the
protection of persons with disabilities through the
regulation of Law No. 38 of 2013 for the Care of Persons
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with Disabilities and Special Needs, which undertakes
to rehabilitate them to integrate them into society.
This law is considered one of the fundamental
obligations that led to Iraq's accession to the United
Nations Convention on the Rights of Persons with
Disabilities. It aims to rehabilitate and integrate these
individuals into society, raise awareness of disability
and its prevention, contribute to providing a decent
lifestyle for those covered by the law, and coordinate
work and tasks between relevant ministries to achieve
this. The law, enshrined in Iraqi legislation, consists of
29 legal articles regulating the rights of persons with
disabilities under international law. This law is
considered one of the most important guarantees, as
reflected in its provisions. The Iraqi legislator has
expanded the concept of persons with disabilities and
special needs to include all those who suffer from
discrimination, exclusion, or restrictions, so that these
causes do not lead in any way to their deprivation of
protection. This law aims to care for persons with
disabilities and special needs, achieving a set of
objectives:
A. Caring for persons with disabilities and special
needs, and eliminating discrimination based on
disability and special needs.
B. Providing the requirements for integrating persons
with disabilities and special needs into society.
C. Ensuring a decent life for persons with disabilities
and special needs.
D- Respecting disability and accepting disability as part
of human diversity and human nature.
E- Creating job opportunities for people with
disabilities and special needs in government
departments, the public, private, and mixed sectors.
The Iraqi legislature has sought to achieve these goals
by developing plans and methods, including:
1. Developing special plans and programs to guarantee
the rights of persons with disabilities and special
needs, by the provisions of the law and international
agreements and conventions to which the Republic of
Iraq is a party.
2. Joining agreements and conventions related to the
care of persons with disabilities and special needs.
3. Developing plans and programs to prevent the
causes of disability and make them available to raise
awareness.
4. Providing treatment requirements, social services,
and psychological and vocational rehabilitation for
persons with disabilities and special needs, in
cooperation
and
coordination
with
relevant
authorities inside and outside Iraq.
5. Providing opportunities for public and private
education, vocational education, and higher education
for persons with disabilities and special needs who are
capable of attending.
6. Developing the general staff of the Care of Persons
with Disabilities and Special Needs and creating a
database for them.
7. Utilizing the assistance of experienced and specialized
personnel, keeping abreast of scientific developments in
all matters related to disability and special needs, and
liaising with relevant authorities inside and outside Iraq
to enhance performance in this field.
The Iraqi legislator has approved the principle of
empowerment by adopting special and targeted
incentive measures to enable them to adapt to the
requirements of their natural and social environment
and develop their abilities to depend on themselves and
make them productive members of society.. ( )
This guarantees effective equality of treatment
between persons with disabilities and other individuals.
The Iraqi legislator, in Article 15 of the Law on the Care
of Persons with Disabilities and Special Needs, stipulates
the right to train families of persons with disabilities and
special needs on how to properly deal with them, and to
care for them in a manner that does not violate their
dignity and humanity. The same law also stipulates
privileges and exemptions, and requires ministries, non-
ministerial entities, and public sector companies to
allocate jobs or work for persons with disabilities and
special needs. The rights stipulated by the Iraqi
legislator in the Law on the Care of Persons with
Disabilities and Special Needs enable these persons to
be self-reliant and make them productive members of
society, enabling them to live independently. It also
removes obstacles, trends, and stereotypical behaviors
throughout society and in institutions that classify
marginalized groups and place them in lower ranks. This
law is distinguished by its significant advancement of
people's rights, consistent with the essence and
provisions of the principles enshrined in the
International Convention on the Promotion, Protection,
and Ensuring the Full and Equal Enjoyment of All
Persons with Disabilities, and by promoting respect for
their inherent dignity in the development of special
plans and programs to guarantee their rights. By the
provisions of the law and international agreements to
which Iraq is a party.
CONCLUSION
We have reached the end of our study and found that
countries' approach to persons with disabilities focuses
on facilitating their integration into society and
preparing them for productive work. The goal is to
preserve their remaining abilities, talents, and potential
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for self-reliance. Promoting and protecting the rights
of persons with disabilities involves identifying and
removing social barriers and attitudes that prevent
them from enjoying their human and fundamental
rights on an equal basis with others.
1- We conclude that international declarations and
conventions emdiv international protection for
persons with disabilities. However, the United Nations
Convention on the Rights of Persons with Disabilities
strengthened their protection, affirmed fundamental
principles for persons with disabilities, and established
substantive protection to regulate their rights. 2- We
conclude that the embodiment of the protection of the
rights of persons with disabilities in Iraqi legislation
was a result of Iraq's accession to the 2006
International Convention on the Protection of Persons
with Disabilities.
RECOMMENDATIONS
We can diversify the relevant authorities to work on
the rehabilitation of persons with disabilities and rely
on their integration into society by providing various
services and care, ensuring prompt implementation of
their demands, and providing the tools that enable
them to lead normal lives.
REFERENCES
Fatima Shehata Zidane, The Center for the Child in
Public International Law, 1st ed., Dar Al-Khidmat Al-
Jami'a, Cairo, Egypt, 2014.
Siham Hussein Al-Muqbil, Legal Protection for Children
with Special Needs According to the Saudi System, a
thesis submitted for a master's degree at the College
of Sharia and Islamic Studies, Qassim University, Saudi
Arabia, 2016.
Adnan
Al-Jazouli,
Disability
in
Contemporary
Legislation, Islamic Educational, Scientific and Cultural
Organization, Rabat, 2003.
Abdul-Hay Muhammad Azzam Safa, Protection of
Persons with Disabilities in International Conventions:
A Comparative Study between International Law and
Egyptian and Saudi Laws, Journal of Legal and
Economic Studies, 2021.
Muhammad Abd al-Jawad Muhammad, Child
Protection in Islamic Sharia and Public International
Law, Maaref Foundation, Egypt, 2008.
Rawhi Marouh Abdat, Rehabilitation and Employment
of Persons with Disabilities, 1st ed., Majdalawi House,
Amman, Jordan, 2012.
The Universal Declaration on the Rights of Persons with
Disabilities, 1975.
The Iraqi Constitution, 2005.
