Keywords : strike


((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW"

Sheet Mustafa Khudhur Kakashin

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 323-383

movements and the workers ’struggle for fairness, when his rights are taken away and there are difficulties in his work conditions, so he demanded to recover them and improve working conditions. That is, the strike to force the management to respond to his legitimate demands, and that step was met with force and criminalization, and after a long and bitter struggle with employers and the ruling systems, the strike was approved as a right. The constitutions of many countries have stipulated that strikes are a right and laws have been issued that regulate the work of workers and recognize it as a right for him to exercise it by peaceful means. Global, regional and international, it is not easy for state governments to overlook it, and in other countries everyone has practiced this constitutionalright. However, the issue of recognition of the right to strike in other countries was limited to the category of workers in the private sector, without translating that order into the inclusion of another group, which is the segment of employees, who were denied the exercise of this constitutional right due to their position in the work regulated by public law under the pretext that the functioning of the public facility is stopped regularly and Increasingly, and for this, everyone who does it criminally and administratively is guilty. Accordingly, a contradiction appeared between what was decided by some constitutions and what was previously legislated, and comparative law jurists succeeded in lifting it. Strike, under certain conditions and by peaceful means, taking into account ensuring the regular and steady functioning of the public utility, The comparative judiciary supported that with its decisions, and considered it a failure of the parliament to organize it that does not mean sacrificing the right, especially in countries that signed international human rights agreements, including Egypt and Iraq, and these agreements became their domestic law to be applied and which abolished the law that was criminalizing it, and thus the right to strike became an effective means of claiming rights For all, including employees, the strike is no longer a crime punishable by law.

THE RIGHT TO PEACEFUL DEMONSTRATION IN NATIONAL CONSTITUTIONS AND LAWS (A COMPARATIVE STUDY)

Roshna muhammed amen

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 343-370

The right to demonstrate and protest is a human right from which many different basic rights ensue. While no human rights law or national constitution grants the absolute right to demonstrate, And that this right is considered one of the constitutional constants, meaning that any individual in an assembly has the right to demonstrate peacefully, whether in an official or informal public meeting, on matters of public interest of whatever nature. Since the freedom to form opinion is not subject to censorship because it is a private matter for its owner, and this is confirmed by constitutions and national laws, but the reality indicates otherwise due to the attacks carried out against demonstrators In many countries, including Iraq, where demonstrators were attacked in October 2019 by various means, and many demonstrators were killed This has led to an increase in the anger of the Iraqi street, and that these attacks are clear evidence of the failure to implement the Iraqi constitution of 2005 Which emphasized the freedom of opinion and expression in Article (38/3), where this article emphasized the freedom of assembly and demonstration, and that this is regulated by law Indeed, the draft law was prepared, but unfortunately, it has not yet been voted on by Parliament. That is why we demand the Iraqi legislator to quickly legislate the law of peaceful demonstration, as well as to implement the articles relating to the right to demonstrate on the ground.

( THE STRIKE AND THE RIGHT TO EXERCISE IT BETWEEN RESTRICTIONS AND EFFECTS) "ANALYTICAL LEGAL STUDY "

Sheet Mustafa Khudhur Kakashin.

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 81-128

The strike has a long and ancient history that introduced civilizations and is recognized today, and passed through it through different stages between permissibility and prohibition, and many victims and disturbances occurred in the societies initiating it, as the last resort to which the worker sought in order to enjoy his rights, sometimes it was known as a political issue and another considered professional For a specific sect without the other, in order to reach recognition as a constitutional and legal right, provided that it is exercised with conditions and restrictions, to ensure the facility's functioning in providing its services to the public. There are two forms of strike, and there are types under them. The legitimate strike is that which is consistent with what the law permits and is consistent with public order and morals, while the other is the opposite and that its perpetrators are subjected to penal, financial and even administrative penalties. Terms similar to the strike: such as demonstrations, sit-ins, closures, civil disobedience, resisting tyranny, which can be considered an extension of the strike and part of its escalation stages, but by peaceful means, and all this when the administration does not respond to the demands of the strikers and is intransigent with it. The right to strike was stipulated in the constitutions and laws, as well as regional charters and international agreements in the middle of the last twentieth century, and workers began to exercise it, but it is within the framework of internal laws that regulate the right and conditions and restrictions for its exercise. However, these restrictions must not reach the point of prohibiting the right to strike completely And these legislations differ from one country to another. That the strike has effects, so the effects of the legitimate strike lie in the survival of the relationship between the employer and the worker, along with cutting their daily wages without being affected by the non-striking non-strikers. As for the effects of the unlawful strike, it is represented in the cessation of work and the harm to the employer and the beneficiaries of this work, and the resulting unrest as well as exposure It is subject to penalties and claims resulting from compensation to the employer for his damage as a result of the strike, not to mention that in the case of the strike in its two forms, It should not affect the facility’s continuity in providing its services, and the effects of the two images on the general social situation of the country, including political, economic and administrative, lead to a disturbance of those conditions and as a result this is reflected on the individual and society as a whole, which threatens disasters that may threaten him.

LEGAL REGULATION OF THE RIGHT OF A PUBLIC EMPLOYEE TO STRIKE

Kawa Y. Salim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 2, Pages 109-149

The Strike has turned into a negotiable social phenomenon, the clients of public utilities take it seriously in their consideration, and they should have a reaction toward these disorders that often come suddenly and causes financial loses and huge damages, there should be a peaceful resolutions to any disputes in order to guarantee the continuous of service by public utilities in the time of strike. The economic and the social balance regarded as the basis of the right to strike, where this balance is the basis of the determination of this right and the purpose for which it was decided, as well as that this balance is desired by the legislator in the field of labor relations, and there is a need to make balance among these considerations, if: (strike is a right against the right ), Ensuring the balance between the right and the public interest envisaged by the continuity of the public institution requires the proportionality between the violation of the right to strike and the protection of considerations of public interest.

Public employee strike (Comparative analytical study)

Aso.H.Abd alkarem; Asmail.N.Zantna

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 170-226

ABSTRACT :
The public officials and have some rights and privilages that emanate from their and office according to the constitution, laws and regulatuions, this is on the one hand. On the other hand, they are under some duties imposed by the same sources of law like Constitution, Statutes and so on .
Sometimes, the rights of the public officials and stand in their practice with some of their official duties. This could be exemplified by the contradiction between the right to express of the public official and embodies by the strike of work,with the duty of strict compliance with the work schedules and continuity on work but by a legal excuse and by the prior approval from the administrative institution concerned. Here appears a kind of contrast and contradiction between the private right of expression and the public right which entails that the public services and administrative institution must work continuousy,regularly and steadily for the sake of the whole society.
Therefore, the right of the public official to strike is a complex issue and deserves to be accurately dealt with and handled according to the relevant laws , knowingly there are multiple regulation and solutions to it acoording to the trends of the different legal systems throughout the world. However , as different as one can think are the legal solutions adopted by the different systems ;it,generally ranges between the absolute prevention and conditional allowance being restrained by some regulatory or legal or judicial restraints.
In Iraq and Kurdistan Region,there are so many practical cases of work strike, on which there are so many legal limits and laws, but the problem is that those laws are out of use and disoperated against the striking cases conducted by the various sectors officials. In our opinion,those punishing provisions are to be deemed as canceled after the accession to the Internation Convenant to the economic , social and cultural right of Iraq.
So ,we opted to consider the above mentioned issue dividing it on two chapters; the first dedicated to stating the essence of strike of work done by the public official , and the second being dedicated to the legal regulation to the on-function strike. Finally, the study will be ended by a set of findings and reeommendatins that we have made in respect of the topic at issue , taking into account the public and the private interstes' ie. that of the whole society and that of the public official or functionary.