The role of administrative decentralization in protecting human rights (An analytical study according to the provisions of the Constitution of the Republic of Iraq for the year 2005 in force)

Ali, Deman Hussen

doi:10.63677/jqlap.2025.186690

The role of administrative decentralization in protecting human rights (An analytical study according to the provisions of the Constitution of the Republic of Iraq for the year 2005 in force)

https://doi.org/10.63677/jqlap.2025.186690

Volume 16, Issue: 2 part 2
Autumn 2025

Pages 579-592

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

deman hussen ali

University of Kirkuk/College of Law and Political Sciences/Department of Law

Abstract

Decentralization is the process of transferring powers related to administrative, economic and service activities from the central (federal) authorities to the regions, governorates and smaller administrative units with the aim of enhancing participation in governance and expanding representation. It is a case of the central government transferring part of the powers and responsibilities officially (legislations, regulations and instructions) to actors and institutions at a lower level (local administrative units or public bodies), so that the regions and governorates can exercise the tasks of the central authorities in accordance with the constitutional, legal and regulatory contexts existing in the country.
Constitution of the Republic of Iraq, 2005, explicitly referred to the administrative decentralization system as a necessity for a state characterized by religious, ethnic and sectarian pluralism, which was formulated after the change of the political system in 2003. A democratic, pluralistic federal system was established that adopts administrative and political decentralization and is based on the principle of participation in governance and grants regions, governorates not organized into a region and municipalities a wide range of powers. The aforementioned constitutional framework is reinforced by legal legislation, regulatory and administrative procedures.
Decentralization system protects various human rights, civil, political, economic, social and cultural. This protection is provided directly by local authorities, or indirectly through the monitoring or supervision of federal authorities.

Keywords

Human rights

decentralization

Iraq