The Role of Constitutional Judiciary in Protecting the Rights of Internally Displaced Persons (A Comparative Study)

Abstract

This research examines the constitutional protection of the rights of internally displaced persons (IDPs) in Iraq, with a focus on the role of constitutional judiciary in ensuring such protection amid the absence of explicit constitutional provisions regulating the status of IDPs. The study analyzes the constitutional and legislative framework governing the rights of internally displaced persons, as well as the role of the Federal Supreme Court in safeguarding these rights through constitutional interpretation and judicial oversight.

The research also explores the relevant international legal frameworks, particularly the United Nations Guiding Principles on Internal Displacement and the Kampala Convention, and evaluates the extent to which Iraqi legislation complies with these international standards. Furthermore, the study adopts a comparative approach by examining selected comparative constitutional experiences, especially the Colombian Constitutional Court’s jurisprudence regarding internally displaced persons.

The study concludes that, despite the existence of constitutional principles capable of protecting IDPs, there remains a significant gap between constitutional guarantees and practical implementation due to legislative and institutional shortcomings. Accordingly, the research emphasizes the necessity of strengthening the role of constitutional judiciary, developing a comprehensive legal framework for IDPs, and enhancing state accountability in protecting displaced persons and ensuring their fundamental rights. The research relies on the analytical approach to the texts of the Constitution of the Republic of Iraq of 2005, as well as an analysis of the decisions of the Supreme Federal Court, in addition to following the comparative approach by comparing the Iraqi constitutional and legal texts with their theory in comparable countries, as well as comparing them with international conventions to see the extent of the Iraqi legislator’s commitment to these conventions