نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق عمومی دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق (علیه‌السلام)، تهران، ایران.
2 دانشجوی دکتری رشته حقوق عمومی، دانشگاه امام صادق (علیه‌السلام)، تهران، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Citizens' political rights have been recognized in the legal system of the Islamic Republic of Iran requiring proper mechanisms within the legal system for their realization. The Iranian Constitution has a great deal of symmetry with the International Covenant on Civil and Political Rights in terms of recognizing political rights. At the same time, Iran has ratified this Covenant without any reservation. Therefore, it is neither favorable nor fruitful for Iran to withdraw from the Covenant.
In the International Covenants, the issue of guarantees is addressed in three stages: respect, protection, and enforcement. In the interpretations regarding the guarantees issue, rendered by the UN Human Rights Council, the emphasis has been put on the judicial protection. for whose political rights have been violated to lodge a complaint with the competent authorities.
In the current judicial structure of the Islamic Republic of Iran, it seems that the judicial guarantee of citizens' political rights requires the creation of two structures. First, the establishment of a "National Human and Citizenship Rights Institution" that should preferably be suggested in the form of a judicial bill by the judiciary to the parliament (because safeguarding the public rights vested with the judiciary also includes citizenship rights). Second, the creation of specialized judicial bodies or branches in the judiciary to deal with complaints of violations of citizens' political rights. Such bodies may be established and operate either at the highest possible level or in the form of specialized civil rights prosecution office under the General Prosecutor's Office.
کلیدواژه‌ها [English]
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