Economic and social rights and their guarantees in Iraqi andAlgerian legislation

Abstract

Undoubtedly, personal freedoms are paramount, being essential for guaranteeing the exercise of other public freedoms. Indeed, they are a prerequisite for the existence of other freedoms, whether economic, social, political, or otherwise. For example, the right to vote is meaningless if individuals lack freedom of movement or are not protected from arbitrary arrest, detention, or deportation. Similarly, the freedom of trade, industry, and ownership is worthless if individuals cannot move freely to conduct buying, selling, and contracting, or if they are arrested or detained and unable to contact those with whom they wish to conduct business.

However, the issue of personal freedoms only arises when individuals live within a society, which is their only option, as humans are social beings by nature. As is well known, every society has its goals, which individuals must strive to achieve to ensure the continued functioning, prosperity, and development of that society. Therefore, it is the individual's duty to exercise their personal freedom within the framework of social goals. This is where conflict and clashes may arise between the authority, as the body responsible for protecting the interests of society and working towards achieving its goals, and the individual who seeks to secure their absolute freedom.