The Right to have rights; human Dignity or the political Dignity of human

Document Type : Original Article

Authors

1 Ph.D. Candidate in International Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran

2 Assistant Prof., Department of International Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran (Corresponding Author).

3 Assistant Professor, Department of International Law, Damghan Branch, Islamic Azad University, Damghan, Iran

Abstract

Despite the fact that human beings have dignity and equality in rights due to being human beings and benefit the rights contained in the Declarations and Covenants - in fact, they are entitled to benefit - and these rights cannot be taken away in any way. However, by cutting off human belonging to a political society, its enjoyment of these rights is also eliminated. Hannah Arendt's first idea of the right to have rights was formed following the statelessness of the Jews at a time when they were considered an undesirable element by the Nazi regime. The right to have rights has a title beyond the scope of the Capacity to obtain rights and Capacity to exercise rights and discharge obligations. This approach seeks to examine the scope of the human dignity agency for the enjoyment of human rights, as well as the interaction and prioritization between it and the agency of interest in a political society. In this approach, it is assumed that the agency of being human and the agency of political belonging are both primary. Man due to being human, has dignity. Dignity is neither deprivable nor inviolable. On the other hand, belonging to a political community for the enjoyment and exercise of rights is also a key factor. But what surpasses both factors is the right to have rights. As well as blurring the line between human rights and citizenship rights.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 1937-1955

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