Comparison of the Status of Refugees’ Civil Rights in the Laws and Regulations of Iran and Iraq

Abstract

One of the most important political, social, and legal concerns of governments—which has become a major issue in human rights—is the matter of refugeehood. Undoubtedly, within the domain of international law, significant instruments have been adopted in this regard, and many countries, by accepting the obligations of these instruments, have guaranteed the rights related to refugees. Among these countries, Iran and Iraq are regarded as major hosts of refugees in the Middle East. The presence of millions of refugees—mainly migrating from Syria and Afghanistan—has brought the issue of their civil rights into sharper focus. Although many relevant international instruments have been adopted, and both Iran and Iraq have incorporated this issue into their domestic laws, several challenges remain—such as ambiguity in the legal status of refugees, discrimination in access to social and economic rights, and the lack of alignment between domestic legislation and international standards. These challenges have hindered the full realization of refugees’ civil rights. This article seeks to answer a key question: What are the differences and shortcomings between the Iranian and Iraqi legal systems in guaranteeing the civil, social, and economic rights of refugees, and how can legal reforms and international cooperation improve their situation? The central issue of this study is “the civil rights of refugees,” which will be examined through a descriptive–analytical method. The findings indicate that the effective realization of refugees’ civil rights requires domestic legal reforms, the strengthening of international cooperation, and the adoption of global standards in both countries.