Abstract
Judicial right is one of the most significant fields of citizenship rights. A large part of the right legal instances become considerable when a citizen is under suspicion. To codify the examples of legal rights principally, the concept of human dignity needs to be the focal point on a constant basis. In the case of ignoring this criterion in arranging the constitutional rights the justice would not be attained, and the legal security of the citizens would be disrupted.Within the constitutional rights of Iran, the charter of the citizenship rights as a comprehensive document considered within the constitutional right field. In the preface and principles of this document human dignity is confirmed as one of the most significant factors in codifying the citizenship rights. However, in the continuation and in the arrangement of the instances of the citizenship rights this criterion has not been considered as expected.The charter of the constitutional rights compared to previous rules of it has no significant innovation. Two groups of factors have caused the insignificant role of human dignity within the judicial rights. The first groups include the general factors such as presenting an inaccurate definition of citizen and mingling the instances of human rights with examples of rights. The second group of factors that mostly relate the lack of precise positioning towards some of the accepted principles of the legal right has provided the possibility of violating human dignity in this charter.
Highlights
Judicial rights as a set of rules that guarantee the citizenship rights in legal affairs at various levels include one of the most significant parts of the citizenship rights
Given the preface and the general rules mentioned in the charter refer to the fact that human dignity in this document from the codifiers’ vantage point has been the most significant criteria of arrangement
In the first step, there has been a backward step from the goal of not providing the opposite atmosphere to respect and observe the human dignity
Summary
Judicial rights as a set of rules that guarantee the citizenship rights in legal affairs at various levels include one of the most significant parts of the citizenship rights. In addition to leaving an opposite impact on guaranteeing the observation of the citizenship rights of the states, it would have a significant impact on the general ability of the public in fulfilling their rights in human communities (Pur Ezzat et al, 2008) This issue has more conspicuity within judicial rights field where lack of jpl.ccsenet.org. The charter of the citizenship rights is a statement which is written, defines the respective rights of the citizens, analyzes the implementation structures and leads to its support To attain this significant issue, the intended rights need to be clear and without ambiguity fulfilled and precisely determine the member organizations and foundations. This study with a pathological view tries to answer this question that has the charter been dignity-oriented in the legal rights’ field? The answer to this question would include the weak points of the charter in this respect, regarding the human dignity
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