Journal of Juridical and Political Science

The international human rights cultural system focuses mainly on the Universal Declaration of Human Rights of 1948 and the International Covenant on Economic, Social and Cultural Rights of the General Assembly of the United Nations in 1966, which recognized cultural diversity, rights and multiculturalism, based on the following principles:
Equality between cultures: The rejection of discrimination between nations and peoples, the non-recognition of the idea of cultural superiority or domination, and the racist concepts on which it is based. It can be said that cultural diversity is a multiplicity of visions, forms and patterns of expression in societies. By itself, this enriches the knowledge and diversity of its streams in the framework of unity, because each one has cultural patterns, and cultural heritage. It is also impossible to imagine a cultural diversity on the meaning of collision and conflict, considering that cultural diversity is the development of cultures, enhancement of their capabilities, and acquirement of human dimensions. Therefore, cultural identity should not be confined within a narrow privacy that prevents its emergence into cosmic space in order to harmonize with the human rights system in its cosmic dimension, such as the recognition of the other, the development of the spirit of tolerance, the dissemination of a culture of peace and cooperation among human beings and the rejection of the ideas of collision, conflict and ha
The imposition of the right to cultural diversity is a necessary condition, as it is an inalienable right of individuals, peoples and civilizations to express their existence freely, as in the issue of cultural diversity and intellectual difference. It is essentially the forms of freedoms and the forms of peoples' right to self-cultural determination, where the culture of a certain people is a source of wealth for other cultures in the framework of cooperation and understanding.
The researcher reached to a number of conclusions, the most important of which are:
1. The right to culture is one of the rights recognized by human rights covenants whether within the framework of the United Nations or at the level of regional conventions. However, the researcher found no convention on culture, cultural diversity and respect for multiculturalism.
2. The theory of civilizations collision and the end of history which considers cultural diversity as its starting point and on which it based its arguments, are non-innocent theories aimed at mobilizing public opinion against the other for marketing the idea of the victory of neo-liberal capitalism.
3. Cultural diversity broadens the choices made for individuals and societies to attain satisfactory intellectual, moral and spiritual life, and defending cultural diversity is inseparable from respect for human dignity. It imposes an obligation to respect human rights and fundamental freedoms. No one is permitted to depend on cultural diversity to Violate or limit human rights guaranteed by international instruments.
The researcher reaches to a number of recommendations, the most important of which were:
1. The United Nations should adopt an international convention of culture and cultural diversity that goes in line with its approach of transforming from generalization to specialization in most human rights to give greater protection and respect for multiculturalism.
2. The educational institutions should pay great attention to instilling the concepts of openness to diverse cultures and accepting the other on the basis of coexistence through the curricula in order to build a human personality that believes in multiculturalism and protects it from the danger of extremist ideas in order to preserve civil peace and ensure international peace and security.

The comparative legislations include the issue of competency in general and the determination of the concept of the Minor and the legal adult in particular. In terms of determining the age of majority, competency and the minor, the Iraqi legislator was influenced by Islamic jurisprudence in organizing these issues on the basis of scientific, environmental, social and genetic standards. This diversity and differentiations of standards has been reflected in the laws of different States, where the age of majority in Iraqi civil law is 18 years and in the Egyptian civil law twenty-one full calendar years. This is the original version for which specific exceptions have been issued whereby the minor is considered to be fully qualified within a specific scope, otherwise s/he will be incompetent. The legislations also differ in determining the legal age of marriage, the extent to which marriage is permitted prior to the age of majority and the sequences resulting from such marriage, whether the minor who is permitted to marry competent or not, and the extent to which a minor is permitted to do business or, rather, to do certain legal and material acts, since cases in which a minor is considered to be an competent is an entire exception to the original legislation that must not be extended and need to make clear provisions.

The current research entitled (The Obstacles of achieving Popular Sovereignty and its Consequences) speaks of a very important subject, a subject that in a way or another is related to all legal and political studies and theories of popular sovereignty and the meaning of this sovereignty as a real reflection of the authority of the people. This research focuses on the factors that lead to the disruption of this idea and make it popular sovereignty at the level of description only without extending it to the reality. When the idea of popular sovereignty is disrupted, it loses its legitimacy and the consent of the people. And, when the gap between the people and the authority, there will be another way that people follow to correct the legal situations doubtlessly. This road was not painted by the constitutional and legal texts, but by the popular desire to restore the real power to its real source, the people.

The restricted and discretion authorities of administration is one of the basic principles on which modern public law is based. These two types of authorities are necessary for the good conduct of the administration. The restricted authority has the greatest guarantee for the freedom and protection of the individuals. Therefore, it is sufficient for the individual to prove the material conditions required by the law, so that the administration is able to respond to their requests. If it deviates from this path, it can be returned by the judiciary to the right side, without having a cover that conceals its inherent abuse, which is characterized by the other type of authority. Therefore, the competent authority to distribute competences - the legislative authority in most cases - should conduct a realistic and scientific study, prior to the beginning of the distribution or the division of competences, and granting the administration an amount of freedom or a space of the discretion authority to be able to practice the competencies granted to it, taking into account the periodic review of these authorities and competencies periodically and in accordance with the practical experience, and the new issues, events, and material and legal facts, to enable the administration to achieve its goals drawn up by the constitution and the law in its broad sense, with no absolute acceptance of the meaning of the concept of the administration's discretion: wasting and sacrificing the rights and freedom of the individuals. The administration is always aiming to achieve the public interest, which is primarily the maintenance of public rights and freedom.

The profession of pharmacy, which accompanied the profession of medicine is one of the oldest professions practiced by the human. Despite the importance of this profession, some phenomena which were characterized by ambiguity had emerged. And because of the novelty of these contracts, they were not organized by the legislator. Among these phenomena is the permission that the pharmacist grants for another person to benefit of the license to practice his private profession to open a pharmacy and receive the clients using his own name and license. This calls for finding the suitable adaptation for this case because of the existence of a legislative and doctrinal deficiency for treating such cases. It is likely that the absence of the legal organization can be traced to the non- expectancy of the appearance of such contracts. This requires the legislator's and the legal jurisprudent’s intervention to find appropriate solutions by defining the obligations and the responsibilities of the parties to this contract if they violate the legal rules governing the practice of pharmacy profession.

The State is the principal person of the public international law. This personality is achieved by the meeting of three elements: the people, the territory and the political organization, but can only begin diplomatic relations with States through recognition. In the life of the State, circumstances may require it to borrow, but the State is not eternal. It emerges, develops and sometimes disappears. So, we will be in front of two cases of the variables that affect the state; the first one is when the changes happened without affecting the international personality and the second are the changes in the state that lead to the disappearance of its international personality. In both cases, there are legal effects on many of the phenomena by which the State deals, including loans to other states.

The policies of minimum wages aim to achieve social justice and thus achieve a better standard of living for workers as well as to raise the level of economic growth and as a result development in most countries of the world will be prevailed. But, it is still below the required level, especially in developing countries, which leads to an imbalance in the relationship between the amount of wages paid to the workers and the cost of living. This is reflected negatively on the process of economic development. To address this, it is necessary to find successful policy for determining the minimum wages. This research sheds the light on the concept of minimum wages with reference to experiences of the policies of determining them in (India, Philippine and Iraq) and the role of these policies on inflation, unemployment and poverty. The research concluded with a set of results and recommendations.

The principle of transparency means the need to inform people of the policy of the State, and how the power holders manage its joints. The goal is to eliminate the undeclared policies, or those that are characterized by ambiguity and opacity. The principle of transparency is tightly associated with the right to access to information, since this right can promote and support other rights. Through this right a suitable environment can be provided where the rights are respected and performed without any discrimination or marginalization on both individual or community level. In the absence of the appropriate environment, there would be corruption, tyranny and failure in achieving human development that is related to knowledge and freedom.

The right to privacy is one of the most important human rights. It is the pillar and pivot upon which his dignity depends. What is meant by this right is the ability and freedom of every citizen in the state to which he belongs to save his own property and information. Therefore, the specificities of the individuals have to be guaranteed, maintained and protected from all kinds of violations and deprivation. At the international and regional level, many agreements and conferences have been held which have a major role to provide the required protection as an important human right. At the local level, the state must protect these specificities through the enactment of the necessary legislation to prevent the violation of this right. In addition to the protection provided by the Civil Code through the rules of tort liability resulting from the violation of this right and how it is compensated whether the harm is material or ethical.

Doubtlessly, the study of political participation has expanded and spread because of its tight relationship in enhancing democracy and political development in many countries. Thus, the study of political participation in terms of being one of the most prominent political freedoms that have been recognized internationally and nationally and guaranteed in the covenants, convention and procedural laws. Thus, the study of freedom of political participation, in this sense, involves several dimensions and factors that contribute to the success of the freedom of political participation, because focusing on studying political participation in general stating the role of the main factors in the success of the freedom of political participation which focuses on the role of procedural laws, political culture, civil society organizations and media freedom. It also highlights the role of these factors in shaping political participation and bringing it out in a way that is really an optimum concept and means to promote democracy and achieve political development.

The right to housing is one of the most basic needs of human beings that s/he cannot be dispensed with under any circumstances. Since this right is a human right and a fundamental freedom, especially the personal freedom, this right requires protection for as long as this right is protected and guaranteed, the more the private life will be flourished for all. This will lead to the prosperity of the society, otherwise, if this right is violated, other rights will also be violated because of the interdependence between the right to housing and other rights and as a result, the confidence of the individual in his society will be shaken. This has been established throughout the ages, which witnessed revolutions aimed at the consolidation of human rights, so this right has received wide attention by all States, especially Iraq, which stressed this right in all successive constitutions, especially Iraq's permanent constitution of 2005. The enactment by the Iraqi constitutional legislator of this right in the constitutional document gives this right a force to prevent any violation or aggression by the legislative and executive authorities. But, nevertheless, the executive authority may attack this right, so the constitutional legislator must protect it by providing it with the guarantees necessary for its maintenance. But this right may, however, be restricted when there is justification for that, such as the maintenance of public order, public morals and exceptional circumstances such as wars and natural disasters.