فصلنامه حقوق پزشکی
پیاپی 46 (پاییز 1397)

The recognition of the political role of people and its scope in the Constitution is an expression of the potentiality of governments for presence and activity of citizens in individual or collective forms in various domains of administrative affairs of the country as a political right. The prominent aspect of political rights is reflected in the rate of people's political participation in administration of governments. If this right as the foremost of all political rights has been included in the constitution as a requirement of the election and change of the authorities, supervision of the actions of officials, demanding them and finally the accountability of the authorities before the people the constitution can be declared as a democratic constitution. Nevertheless, in religious regimes like Islamic Republic of Iran - in which Shariah law is the basis of the administrative affairs of the country even the legislations - some different perspectives emerge concerning the authority and even ability of people in expressing their views of the administrative affairs of their country. However, even with these difference of opinions, there are still some principles of the Constitution that have been codified based on Shariah and endorsed by the nation and should not be neglected.

Freedom of political parties has been predicted by Iran's constitution (Article 26) and the French Republic (Article 4), as essential components of democratic systems within a defined framework for the parties to operate. Although freedom of political parties and organizations in human rights documentations were expressly mentioned, it is possible that the performance of them might cause damage to the rights and freedom of others, public order and security along with health and public morality. Therefore, foreseeing some limitation on their formation and function is conceivable. However, according to the procedures of human rights documentation, restrictions on the fundamental rights of mankind takes places based on a minimalist and exceptional approach, because restrictions on political parties’ activity in France’s constitution ends up in two principles of democracy and national sovereignty with unique and minimalistic approach. Whereas the Iran’s constitution considers these limitations in broader concepts such as: independence, freedom, national unity, Islamic standards and principles of the Islamic Republic of Iran, however; the scope and extent of such concepts are obviously in conflict with Translation errorcomponents of human rights and democracy. The result showed that a broad interpretation of national sovereignty in the French legal system could be a threat as same as the general concepts of Article 26 in Iranian constitution. This study examines different aspects of limitation of parties’ freedom in Iran’s and France’s constitution.

By changing the role and responsibilities of governments in the post-modern era and empowering a system based on governmentality, a citizenship right was also reconceptualized. Today, with the emergence of the idea of global citizens who have an active role in the field of governance, we are witnessing new instances of fundamental rights and freedoms that were not previously customary. Establishing a good governance system and realizing a platform for active citizenship are the two basic steps in the functioning of post-modern states. The main question posed in the system of current legal thought is the definition of concept of newly emerged citizen right. In this paper, we will prove that the components of good governance in the core discourse of modern citizen rights could be defiened in the context of cosmopolitan system that highlights the citizen's presence in the realm of plural governance including widespread national and international economic, social, political and administrative activity.

According to the theory of Multiple Modernities, Western modernity is reinterpreted in non-Western cultures and civilizations, and it paves the way for the creation of diverse modernities in different cultures. Since the confrontation with the modern West, the Iranian elites have tried to present an Iranian and Islamic interpretation of various elements of Western modernity. Citizens' rights, as one of the main components of modernity, have been re-interpreted in Iran. The purpose of this article is to understand the quality of the re-interpretation of citizenship rights in the "one word" (Yek-Kalameh) treatise by Mostasharoddoleh and identify the cultural schemas used in this re-interpretation. In this article, the qualitative content analysis method has been used to study the text of Yek-Kalameh. Findings: Analyzing the content of the text, suggests that the author refers to all three civil, social and political rights. The author has tried to explain and justify any of these rights using a cultural schema in the Islamic tradition, and to show the citizenship rights are not incompatible with Islamic law. The schemas used in the text, often refer to the Quran verses and the hadiths. Iranians have re-interpreted citizenship rights, as well as other components of modernity, in the cultural and historical context of Iran. In this redefinition process, new meanings were attributed to the principles of citizenship rights that were not in the original meaning of Western citizenship rights, and as a result, the understanding of Iranian audience of the treatise on citizenship rights, inevitably, was different from the understanding of the citizens of the Western countries of them.

Administrative bodies can simply be regulated by the rules and regulation, because of their extensive jurisdiction and authority, various violations of citizenship rights. In this regard, the judicial control system and in Iran, the Administrative Justice Court to restrict the authority of the Administration. One of the most important elements of the Administrative Justice Court is the Justice Judges Council, which has three outlets. In this paper, the Jurisprudence of the Administrative Justice Court have been investigated from 2009 to 2015 have been extracted and analyzed in support of rights and freedoms. So this research is about the cases in which, protecting human rights or citizenship. Hence, the research problem was that in the years to what extent have civil and political rights been respected in the area of citizenship? The result is, there are 21 cases about civil rights makes The most Justice Judgment are about equal treatment, which shows that after nearly 40 years, the year of the victory of the Islamic Revolution, the equalization and the prohibition of negative discrimination, remains the first issue of the people, the Administrative Justice Court and even the government.

Islamic religion as the most perfect religion in the world contains numerous religious and applied doctrines in various social, cultural and religious fields. Islamic citizenship rights have also the highest rank among the religions and human schools and given the fact that the most striking feature of an Islamic society is the active participation of citizens in equal conditions with observation of their human dignity and the motive of nearness to God as the most reliable internal guarantee the question is raised that what basic relationship does exist between the cultural understanding in the evolution of laws and citizenship rights? Since the citizen of an Islamic society has a correct understanding of ethics and cultural principles of human dignity, respect to the fellow men and God-wariness which are effective in the promotion of the level of consciousness of the citizens ensure the continuation of collective life in Islamic society. This is indeed a good measure for knowing the right and the wrong. It is very likely that in this society the rights of every single citizen are correctly exercised in both cultural and social domains and even it can serve as a good example for other countries in international scene. Then, if the basic principles of Islam are seen as the criterion of the actions of the citizens in an Islamic society it is not an exaggeration to say that cultural maturity is an integral part of the Islamic citizenship right. This study has been conducted based on a qualitative method and document based research plan.

Citizenship economic rights are a meaningful and influential concept in the rights of every country, which is always to be considered by juristic, and the recognition of this proposition makes it possible to better understand the status of the rights of people in each country. In the legal system of Iran and Islam, especially after the Islamic Revolution, looking at citizenship economic rights, has been based on the domination of individuals on his property and ours. The main issue we are facing is the independence or lack of independence of citizenship economic rights from the public interest, and this is due to the difference in public and private rights. The main distinction of public and private law is that private law is related to contractual relations between equal and equal parties and public rights are governed by the relations of the parties between whom there is a relationship of sovereignty and nationality. Therefore, in public law, the state, by using its own means of governance, seeks to achieve public goals, and in the private law of individuals, by concluding contracts, they seek their own private interests, which makes it important that Imam Khomeini Had a special look and a broad view of the concept of expediency and did not constrain it within the framework of transactions; and according to his view, the individual and social interests of people are not in conflict, but complement each other, and whenever both Together in the decisions of the community leadership, society will lead to prosperity. In this research, we try to examine the status of citizenship economic rights in Islamic law according to Imam Khomeini's views.

Today, one of the obvious instances of human rights is the right to health and public health, whose existence and deployment are a prerequisite for social life. Since the separation concept of health that refers to the physical and mental illness in human societies and public health, which embodies the obligations of states in the field of health and sanitation for human societies, is particularly important.Among international document that the a health was investigated, the UNESCO Sustainable Development 2030 document is of particular importance, because it has created a fundamental Variation in the approach of states to this issue as a fundamental human right. The object of this right and the lack of detailed resources, this review is going to illustrate the concept and dimension of the document.
Our detecting suggest that this rights are considered to be human rights. So states should, through international cooperation, increase their executive capacities to benefit communities from such rights.

Sexual violence against children in different forms is a serious problem for all countries which it requires considerations at the national and transnational level. Therefore, this abnormality, that the essence of it is the child's human rights violation, has been impelled most jurisprudential systems to welcome different policy in order to support children’s sexual violence damaged and considers special ways to criminal protection of them.
The international human rights system emphasizes the inherent dignity of human beings has been considered support from child victims of violence and sexual crimes in the form of international conventions and covenants. Considering the existence of a comprehensive system of human rights rules to protect human dignity what is the documentary evidence of the international system approach to the criminalization of sexual violence against children? On the other hand, with regard to joining of Iran to some of conventions in the field of human and children rights, do legislative policy has effective supportive ability for children against any kind of sexual violence?
In this article as a result of using descriptive-analytical method as well as review of international documents and human rights conventions and research this subject in Jurisprudential System of Islamic Republic of Iran, however, according to human rights treaties children because of their vulnerability have beneficial from Special and general support (which are additional) legitimate criminal policy doesn’t have Specific strategy and also adequate compliance in this abnormality compared with international documents.

Forgiving is a noble virtue which has been cherished by moral schools. With this virtue in life one can be benefited from the worldly bounties and have psychological and physical health and included among the pious and in the otherworld be intermediated by the Prophet (peace is upon him). Citizenship rights both refers to the totality of the rights and freedoms that are guaranteed by the government according to internal laws for the nationals. Accordingly, whether Shia jurists endorse this virtue? What effect does forgiving have on Islamic citizenship rights? In Shia jurisprudence and jurisprudential documents (Quran, traditions, consensus and reason) this subject has been taken into earnest account and it is recommended. Thus, if the convict repents he can be forgiven by the victim. Moreover, the legislator of the Islamic society of Iran in this regard in the article 365 of Islamic penal code adopted in 2013 has succeeded to cover some cases of forgiving in the society. Now we can conclude that if the verses of Quran are taken as the citeria of Islamic ethics these moral norms will turn to a law for all domains of life and the positive effects resulted from it will be felt throughout the Islamic society. This study has been conducted by qualitative method and document analysis.

Woman as a member of the society has different place and roles in the penal system. Sometimes woman suffers from a crime and some other time she commits the crime herself. Besides being a convinct or a victim as a citizen she can be a witness or judge in a criminal justice. Since our laws are drawn form Islamic jurisprudence and have paid a considerable attention to the role and place of women we can ask what are the citizenship rights and place of these women (convict of commitment of a crime)? If Quran and prophetic traditions are to be taken the basis and criterion in an Islamic society and the vehicle of application of laws then we will give value to the stature of humans (be it a man or a woman) and adopt value-related measures and plans for this social group in the principles and basis of the citizenship rights. Here one can refer to such rights as prohibition of the solitary confinement of women and communication with the family particularly with their children and proper diet which is under the supervision of the health experts and keeping contact with the outside world. Of course, recent developments in judiciary system of our country have paved the path for future alternative punishments for the female convicts that would have better reformative effect on the citizens because the Islamic religion is rooted in compassion and the penal laws should seek to reform the individual. The current essay has been prepared using descriptive and analytic method.