The Role of the Administration’s Utility Activity in Protecting the Family

Volume 6 , Issue 2 , August 2018 , Pages 417-449

Authors

Dr. Ismail Najm Al-Din Zangana 1

1 Department of Law/College of Law, Cihan University/Sulaimaniyah, Kurdistan Region of Iraq

DOI logo 10.17656/jlps.10136

Keywords

Abstract

often, constitutions stipulate many duties of the state one of which is the protection and care for the family, the Iraqi Constitution of 2005 is an example, which states in Article (29) first paragraph (the family is the basis of society, and the state maintains its religious, moral and national values). This national duty should be the practice of the legal system of the state and its institutions, especially the latter, particularly that the state is only a group of official institutions that conduct certain activities for the public interest. In addition, it is the duty of the state to preserve the family and its members; and to focus primarily on translating them into legal provisions that regulate the relations of individuals with each other, especially between those who are connected by the kinship association, whether they are governed by civil or criminal law. Observing the intention of the legislator to prevent family break up, uphold the family and the preservation of its entity and values, as the constitutional provisions prefer. It is important that States not only limit their efforts to protect the family in these provisions, but also directly through their relevant institutions to develop mechanisms, administrative structures and activities of these institutions for the protection of the family, both preventive and curative. It is important to discuss the role of this important mechanism in preserving the family entity and its different values according to a scientific method, analytical and comparative, and in accordance with a plan set for reaching its results of strengths and weaknesses in its work and the necessary recommendation in order to avoid its disadvantages and enhance its virtues. We are also limited to the activity in the Kurdistan region, which concerns the protection of the family or its members in terms of composition and activity, and in terms of impact and efficiency. and then to evaluate those institutions and recommend them to be strengthened and developed in order to interpret and protect the national and constitutional duty of the territory towards the family.

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