Combating Encroachment on the Right to a Healthy Environment in the Laws of Iraq and the Kurdistan Region Analytical Research))

Abstract

  The right to healthy environment is considered one of the fundamental rights of the third generation of human rights, directly linked to the right to life and health. This study attempts to highlight the legal protections provided by the Iraqi and Kurdistan legislators to protect the environment and confront violations. The main problem of the study lies in the effectiveness of legal frameworks and domestic environmental laws in addressing these environmental challenges and ensuring the right to a healthy environment. Furthermore, the existence of deficiencies in the laws of the Kurdistan Region and Iraq regarding the protection of a healthy environment constitutes another issue.

   The aim of this study is to evaluate the effectiveness of these legal frameworks and identify their strengths and weaknesses at the domestic level. The study adopts an (analytical) method and presents legal texts, specifically Article (33) of the Iraqi Constitution (2005) as a constitutional basis, as well as the (Law on Protection and Improvement of the Environment in Iraq No. 27 of 2009) and the (Law on Protection and Improvement of the Environment in the Kurdistan Region No. 8 of 2008).

   The study concluded that although advanced laws exist, the problem lies in the weakness of the executive authority (implementation), the insufficiency of penalties compared to the magnitude of environmental damages, the absence of specialized courts for environmental crimes, and the low level of legal awareness among individuals in society. Moreover, one cannot discuss the right to life and the right to health without the existence of a clean environment.

   Finally, the study presents a set of recommendations, such as amending laws to increase fines to match the scale of damages and activating the role of the public prosecutor to initiate public interest lawsuits against environmental polluters without waiting for citizen complaints. The government must also use electronic surveillance systems and satellites to identify violations committed against forests, rivers, and the air in order to punish offenders.