The Performance of Human Rights on Rights-based Welfare State in Iran
DOI:
https://doi.org/10.37591/jhrlp.v5i1.1063Keywords:
Economic, social and cultural rights (ESCR), Civil and political rights (CPR), Rightsbased welfare state, Equality and poverty alleviationAbstract
This research is the main guide of the Iranian government through reports and general comments to demonstrate the requirement for the gradual realization of full economic, social and cultural rights (ESCR), especially for government budgets as well as and political rights (CPR). The starting point of this legal review was the contradictory findings of research on some characteristics of the rightsbased welfare state (RBWS) and inequalities in ESCR as well as CPR. The study shows that the comprehensive system proposed for the RBWS in Iran, which is based more on the principles of equal opportunities, equitable distribution of wealth and poverty reduction, has not yet been able to provide at least a good living for many. Despite these evolving programs, there is still a long way from the implementation of these RBWS programs in Iran, and the politicization of these rights by enforcers
can make more difficult the process of progressive realization of the state's obligations in achieving a RBWS.
References
According to principles 19 and 20 of the constitution, it refers to the equality of the people before the law by providing equal rights and dignity to all people of the nation. Furthermore, prohibiting unfair discrimination and providing fair facilities for everyone in all material and spiritual fields are the subject of paragraph 9 (third principle) of the Constitution of the Islamic Republic of Iran. But these basic principles will become enforceable when unfair discriminations in all human, political, economic, social and cultural affairs are removed. From this perspective, the principle of equality before the law is a basic principle; Therefore, neither the legislator has the right to deprive a group of people of society under the influence of the political atmosphere or under any pretext, nor the government has the right to create conditions in its plans and policies that lead to the superiority of an individual or individuals, providing the situation of rent-seeking activity for them. In this way, discrimination, which is a manifestation of corruption, is justified against people (Seyyed Mohammad Hashemi and Maryam Sarmast, 2013).
Seyyed Mohammad Hashemi and Maryam Sarmast (2013). The preventive aspect of the World Convention against Corruption and the Constitution of Iran. Azad Law Research Quarteerly, 5th year, 18th issue, pages 139 to 171.
GA Res. 2017, UN GAOR, 3d sess., UN Doc. A/810 (1948), Art. 22.
Olivier D., Schutter. 2nd Ed. The rights-based welfare state: Public budgets and economic and social rights. FES Geneva 2018: ISBN 978-3-96250-243-0.
U.N. Doc.A/6316 (1966), 993 U.N.T.S. 3. Entered into force Jan. 3, 1976, Part II-IV.
Ann, B., and Helena Hofbauer. ICESCR Article 2(1): Progressive realization. 1st Ed. Governments’ Budgets handbook, 2004, 88-99.
Marshall, Thomas Humphrey. Citizenship and Social Class and Other Essays. Cambridge: University Press, 1950.
Béland, Daniel Morgan et al. Introduction: The Oxford Handbook of the Welfare State. 2nd Ed. Oxford University Press, 2021, 11–20. doi:10.1093/ oxfordhb/ 978019 8828 389 .013.1, ISBN 978-0-19-882838-9.
Skocpol, Theda. Protecting Soldiers and Mothers. 1st Ed. Harvard University Press, 1992, 66-89.
According to Article 4 of the Constitution, all administrative and non-administrative laws and regulations (such as civil, criminal, financial, economic, cultural, military, political, etc.) are
The Performance of Human Rights on Rights-based Welfare State in Iran Bodi et al.
© Law Journals 2022. All Rights Reserved 31
based on Islamic standards, and this principle applies to the generality of all the principles of the Constitution and the other laws and other regulations. And it is the duty of the jurists of the Guardian Council to determine this.
Ensuring all-round rights of men and women and creating fair judicial security for everyone and equality of the public before the law. 12. William A. Robson. »Justice and Administrative Law «. The Economic Journal 58 (1948): 264-266.
JWG Van Der Walt.The twilight of legal subjectivity: towards a deconstructive republican theory of law. LLD dissertation, Rand Afrikaans University, 1995, 1987, 319–326.
J.M. Keynes. The General Theory of Employment, Interest and Money. 1st Ed. New York: Harcourt, Brace and World 1936, 300, 359-369.
Van Der Walt, AJ.»A South African reading of Frank Michelman’s theory of social justice in H Botha ; JWG Van Der Walt & AJ Van Der Walt (eds). »Rights and democracy in a transformative constitution«. Stellenbosch: Law Review16 (2005): 181-193. 16. Brand, Jacobus Frederick Daniel. Courts, socio-economic rights and transformative politics. PhD diss, University of Stellenbosch, 2009, 614-638.
Botha H. »Freedom and constraint in constitutional adjudication«. South African Journal on Human Rights 20 (2004): 11-22.
Stephen, H., and Cass R. Sunstein. The Cost of Rights: Why Liberty Depends on Taxes. 1st Ed. New York and London: W.W. Norton, 1999, 95, 14–15.
Although in many cases, the principles of the constitution have enumerated and emphasized the provision of the basic needs of all citizens as one of the rules of the economic system of the Islamic Republic-such as what is stated in principles 31, 30, 28, 21, 20, 3 and 43-But in all of these cases, or at least in most of them, no responsibility has been placed on the government (Mohammed Javad Mohaghegh, 2005).
In this regard, in order to mend the motivation of economic activity, which is one of the guiding principles of planning, in principles 46 and 47 of the Constitution of Iran has been emphasized personal ownership resulting from legitimate business and repatriation of wealth obtained through illegitimate means.
