فهرست مطالب مسعود محمودوند

The second generation of human rights is rooted in the human needs and ascendency, and is called positive rights or equal rights. This category of rights explains the musts in the behavior of the government towards the citizens. The musts that lead to providing the equality of citizens in enjoying the minimum requirement for living based on dignity. It should be noted that the of right on health is placed in the second generation of human rights, that is, welfare rights, and the International Covenant on Economic, Social and Cultural Rights has addressed this right in Article 12. Meanwhile, mental health as one of the most important aspects of health has been given attention to a certain extent along with physical health in general and has been reflected in various international human rights documents.  Mental health is an integral and fundamental part of the health of every individual. In return, it is obvious that by recognizing any right, including the right to mental health, as a human right, duties will be envisaged as well. Governments, as the most important actors in the international arena, are obliged to take steps to ensure and respect human rights both at domestic and international levels. In the international context, the right to mental health has been taken into consideration in the framework of United Nations actions, the actions of the International Committee of the Red Cross, the actions and documents of the European Union, the World Health Organization and in the framework of international labor documents. The main emphasis of international documents is on the right to mental health in the framework of armed conflicts and in the context of protecting vulnerable groups, including children and women.By comparing the citizenship rights charter and international documents, it should be said that in the charter of citizenship rights, there are also statements about the rights to life, health, and quality of life, and prohibition of torture, which are of the predisposing factors of mental health. The government is obligated to take necessary measures in this regard. However, in the Charter, no article is found that is exclusively dedicated to the right to mental health. In this descriptive-analytical research, we will try to examine the right to mental health by carrying out a comparative study of citizenship rights charter and the international human rights system, and also examine the guarantees and provisions of international law regarding the issue of mental health in Iranian law.

Comparative Administrative law is a difficult subject. It is necessary to steer a course between the assumption that all systems are singular, shaped by a plethora of distinctive features that are never replicated elsewhere; and the equally extreme assumption that differences are merely on the surface, such that if propositions are stated at a sufficiently abstract level, then there will be commonality between all systems. The ascription of cause and effect when considering the rationale for differences is equally challenging, and is the principal focus of this review article, which considers the strengths and weaknesses of a structural explanation for divergence in administrative law in different countries.Study of comparative administrative law reveals commonality and difference between the systems studied. That is axiomatic and self-evident. The depth of the resulting similarities and divergences may be difficult to estimate, the explanation for them even more so.