سپهر سیاست (Dec 2018)
Status of the Charter of Civil Rights in Iranian Laws Sources
Abstract
The Charter of Civil Rights in Iran was proclaimed by President Hassan Rouhani on December 19, 2016. This charter is a set of rights and freedoms that its binding and citation aspects are notable. Therefore, the present study, examines the status of this charter in legal sources assuming the equality of human and civil rights in the Charter of Civil Rights. The present study’s research method is library research and descriptive correlational research. The results showed that the Charter of Civil Rights, like Human-Civil Rights, has come into force and can be invoked according to the declared aspect of these rights, except in cases of conflict with human rights treaties and the constitutional law. Contrary to its claims, the charter does not, at least in the domestic law, is not a policy or program, as neither of the trilateral forces cannot abandon or restrict it. However, it is considered to be a legitimate expectation. The Charter of Civil Rights should be seen as a new window on the list of Iranian law sources. Although, according to some scholars, the charter is selective and is essentially a matter of political affairs, it seems that the charter mostly extends the rights and freedoms in a longitudinal and latitudinal way, and this expansion leads to an increase in the depth of Iranian law.
