Legal Challenges in Supporting the Rights of Martyrs' Families in Iranian and Iraqi Law: A Comparative Study

Abstract

This research examines the legal, economic, and social challenges confronting the families of martyrs in Iraq and Iran, evaluating the adequacy of adopted legislative and institutional frameworks in securing and protecting their rights. The significance of this study stems from its direct connection to a social group that has made profound national sacrifices, necessitating a constitutional obligation to provide effective legal and social protection aligned with principles of social justice and human rights. Utilizing descriptive-analytical and comparative methodologies, the study analyzes constitutional and legal texts alongside their practical applications in both nations. The findings indicate that while Iraqi and Iranian legislations recognize extensive rights for these families, their efficacy is hindered by legislative and administrative challenges, including fragmented texts, bureaucratic complexities, poor institutional coordination, financial delays, and a deficit in psychological support and vocational rehabilitation programs. Furthermore, Iraq faces greater challenges regarding funding, execution, and institutional multiplicity, whereas Iran contends with conflicting legal interpretations and procedural constraints. The study also reveals deficiencies in transparency and oversight in both countries, negatively impacting resource distribution equity. It concludes that enhancing protection for this segment requires comprehensive legislative and administrative reforms, centered on unifying legal rules, simplifying procedures, ensuring sustainable funding, and developing integrated socio-economic and psychological empowerment programs.