Basic HTML Version
Summer 2017
DEFENDERS
4
Therefore, we can claim that citizenship rights are those human rights, which
various political systems have endowed upon their nationals in view of their own
geographical, language, ethnic, racial, religious and other considerations. The
difference between human rights and citizenship rights is that human rights and
freedoms are universal in nature, but citizenship rights are specific to a country,
are government-centered and belong to a special geographical expanse. Therefore,
human rights, in fact, include those rights and freedoms, which are recognized for
all human beings regardless of their various characteristics. However, citizenship
rights cover only those individuals, who live under a specific system of governance.
When it comes to division of rights, citizenship rights are usually recognized as part
of basic laws of countries. Of course, other ordinary documents and laws may also
recognize these rights and freedoms and this differs from one country to another.
For example, in the legal system of the Islamic Republic of Iran, the most powerful
document on citizenship rights is our own Constitution the third chapter of which
has been dedicated to the nation’s rights. In comparison, we can refer to the French
Constitution, which is very poor in terms of recognition of citizenship rights and
freedoms. That is, the text of France’s 1958 Constitution is poor in content when it
comes to citizenship rights and freedoms.
Therefore, the preface of this law includes
references to the preface of the previous
versionof theConstitution, namely the 1946
Constitution, as well as the Declaration of
the Rights ofMan and of the Citizen, passed
by France's National Constituent Assembly
in August 1789. Of course, France's
National Constituent Assembly gradually
bestowed legal status to this preface as well
as to the Declaration of the Rights of Man
and of the Citizen. Therefore, we can claim
that Iran's Constitution has been way ahead
of constitutions of many other countries
in terms of recognizing citizenship rights.
The main problem in the country, however, is the shortcoming related to the
implementation of citizenship rights by the country’s officials and managers. I
mean, although we have the best Constitution, when it comes to citizenship rights,
our managers, administrative units and institutions do not take suitable measures
in this regard. As for the executive guarantee for the enforcement of citizenship
rights, I must say that according to the Constitution, the Guardian Council is the
main guarantor of the enforcement of this law. The Guardian Council, by definition,
is protector of the Constitution and the rights of citizens must be highlighted and
guaranteed in each and every opinion that the council issues.
From my viewpoint, the Judiciary must be the main guarantor of citizenship rights
in Iran, because citizenship is basically based on awareness of members of a society.
This is true becauseArticle 156 of the Iranian Constitution has clearly introduced the
From my viewpoint, the
Judiciary must be the main
guarantor of citizenship rights
in Iran, because citizenship is
basically based on awareness
of members of a society