Analysis of the foundations of the relationship between human rights and civil rights with a look at the Constitution of the Islamic Republic of Iran

Document Type : Original Article

Authors

1 Assistant Professor of Public Law, Faculty of Law, Qom University

2 university of qom

Abstract

The nature of the concepts of human rights and citizenship rights and the relationship between them has always been a matter of debate and challenge. The concept of citizenship rights can be divided into two categories of traditional citizenship rights and modern citizenship rights based on existential factors and historical trends. Accordingly, human rights are divided into natural and contractual human rights. Consistencies in the existential factors of each of them led to the formation of a relationship between them. Initially, the relationship between traditional citizenship and human rights was contractual, and then, in line with modern human life, the relationship between modern citizenship and natural human rights emerged. The constitution contains both of these relations in the form of mechanistic and substantive principles, so that the relationship between modern civil rights and natural human rights is enshrined in substantive principles and the relationship between traditional citizenship rights and contract human rights is enshrined in mechanistic principles. The Constitution of the Islamic Republic of Iran adheres to this rule and devotes its essential principles to the concepts of natural human rights and modern citizen rights and the relationship between them, and in the principles of mechanism to the concepts of traditional citizenship and conventional human rights and the relationship between They pointed out.

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