Basic HTML Version
Summer 2017
DEFENDERS
5
Judiciary as an independent branch of government, which should support individual
rights and freedoms. Therefore, the law specifies that the Judiciary must protect
the rights of citizens. Citizenship rights must also be guaranteed by informed and
aware people and citizens as well, because citizenship is basically founded on the
awareness of every member of the society. Therefore, when citizens are adequately
aware in this regard, and in other words, when the level of their awareness about
citizenship rights is elevated, then they force governments to guarantee enforcement
of those rights. It is for this reason that in addition to state guarantees, citizens
themselves must show initiative in this regard.
Q: What is your opinion about the Charter on Citizens' Rights,
which was unveiled by Iran's President Hassan Rouhani last
year? In your opinion, what goals does the president pursue
through formulation of the Charter on Citizens' Rights?
A: In my opinion, a number of issues underlie the philosophy of the Charter on
Citizens' Rights. One issue is that the Charter on Citizens' Rights has gathered in one
place those various rights and freedoms, which had been recognized in different and
separate documents and were sometimes,
neglected and did not receive necessary
attention. Therefore, the first function of
this charter is to bring these rights under
the same roof. The second function is to
modernize the system of social rights and
freedoms. We approved the Constitution
in 1979 and at that time many of these
citizenship rights and freedoms had not
been recognized. Therefore, the Charter
on Citizens' Rights, in one way, tries to
renovate the existing legal documents
when it comes to rights and freedoms and
this is no small step. This issue will not
only bring coherence and coordination to
various rights of citizens, but also pave the way for certain innovations. In fact, new
rights and freedoms have been recognized in this charter, includingArticle 33 of the
charter, which has recognized citizens’right to having free access to cyberspace. That
article has stipulated that it is a natural right of citizens to have access to and take
advantage of communications through cyberspace and also to acquire information
and knowledge from it freely and without any discrimination. The third function of
this charter is its social and cultural function. The Charter on Citizens' Rights has
brought the issue of rights-centeredness and “rights thinking” into the public sphere
of the society. I mean, it has turned this issue into the main concern of the society.
The fourth function of the charter is that immediately following its unveiling, Iran's
Supreme Administrative Council passed a decision, which made observance of the
Charter on Citizens' Rights obligatory and binding for all administrative institutions.
The first function of this
charter is to bring these
rights under the same roof.
The second function is to
modernize the system of social
rights and freedoms