Study of Covenants with the General Principles Governing the Legal System of Islamic Republic of Iran

Yıl 2015, Cilt: 36 Sayı: 3, 3260 - 3267, 13.05.2015

Mehdi Fathızadeh

Öz

Abstract. The International Covenant on Civil and Political Rights is one of the most important international human rights that discuses a wide range of rights and duties regarding civil and political rights. Many countries including Iran have joined this covenant and bound themselves to respect its case law. Countries, at the time of joining, accept covenants conditionally or absolutely depending on type of their government and dominant attitude on governance system. Government of day in 1975 accepted the International Covenant on Civil and Political Rights absolutely. After the victory of the Islamic Revolution and the governance of the Islamic Republic of Iran in developing its international obligations, which had already joined, encountered numerous problems; including in fulfilling commitments that the International Covenant on Civil and Political Rights had established. In this regard, there have been a lot of efforts to study how to resolve conflicts between these international conventions or Islam norms. The present dissertation also aims to study the differences and similarities between the International Covenant on Civil and Political Rights and Islamic teachings and considers differences and similarities between human rights of the West and Islam and in value and theoretical principles and finally concludes that legal system of Islam and the West, despite the undeniable differences in theoretical and ontological principles, have many similarities with each other, that by strengthening these similarities along with clarifying the differences, effective steps can be taken to promote genuine Islamic thoughts which are based on the pure divine nature.

Anahtar Kelimeler

Civil and political rights covenant - economic, social and cultural rights covenant- reservation right Succession in covenants -covenants

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