Human Rights in Post-invasion Iraq - Other Human Rights

Other Human Rights

The United States through the CPA abolished the death penalty (since reinstated) and ordered that Criminal Code of 1969 and the Civil Code of 1974 would be the operating legal system in Iraq. However, there has been some debate as to how far the CPA rules have been applied.

For example, the Iraqi Criminal Code of 1969 does not prohibit forming a trade union and the Iraqi Constitution promises that such an organization will be recognized (a right under Article 23 of the Universal Declaration of Human Rights), but for some reason the Iraqi courts and special tribunal seem to be operating under a slightly revised version of the 1988 legal code, and thus a 1987 ban on unions might still be in place.

Likewise, while the Iraqi Criminal Code of 1969 or the apparent 1988 edition do not expressly prohibit homosexual relations between consenting adults in private (a right under a United Nations Human Rights Commission ruling in 1994), scattered reports seem to suggest that homosexuality is still being treated as a crime, possible a capital crime under a 2001 amendment that technically should not exist. For more information on this topic see Gay rights in Iraq.