العشوائيــات من منــظور القانـون العــام

Abstract

Those who scrutinize consideration of the phenomenon of
indiscriminate construction (shanty houses) and encroachment on stateowned lands find that it carries with it many problems that reflect
negatively on social interest, foremost among which is visual pollution,
distortion of urban planning, and a lack of services, not to mention that it
constitutes an environment fertile to the proliferation of factors that drive
criminal behaviors in relation to some of them, such as begging, immoral
crimes and the nucleus of criminal gang formation due to the need and
denial of the most basic human rights, at a time when the state has a duty
to combat that uncivilized phenomenon by the means of law intention on
the one hand, and working to contain it by eliminating its causes by
raising the economic level by improving individual income, providing
job opportunities، and resolving the housing crisis, especially in central
and southern Iraq on the other hand, and dealing realistically with the
problem by resorting to the application of the theory of balancing
benefits and harms in the event that it is presented The administration’s
decision to remove before the court in compliance with the dictates of
the rules of national and international human rights.