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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.