A study of the jurisprudential-legal aspects of the rights contained in the Convention on Civil and Political Rights

Document Type : Original Article

Authors

1 Department of Jurisprudence, Principles of Law, Birjand Branch, Islamic Azad University, South Khorasan, Iran

2 Assistant Professor, Department of Jurisprudence, Principles of Law, Lahijan Branch, Islamic Azad University, Guilan, Iran

Abstract

As we know, one of the important discussions in the field of substantive and formal law is to examine the dimensions of these rights in the conventions and the law in question. Its social justice is so important that it is at the forefront of basic human rights in all countries. In the Iranian legal system, which is derived from the sacred jurisprudential system, the study of formal and substantive rights has received more and more attention by the legislator, although the constitution has many strong principles in this area. The source of social justice and freedom in Iranian law is mostly human rights documents and in almost all human rights documents, primary and secondary rights have been examined. An important challenge that we have encountered in this study is that although the theory of social justice has been studied theoretically in the relevant laws, but in some cases it is in conflict with the Iranian constitution, which we will address in this dissertation.

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