The study of derogation of rights and freedoms under constitution of Islamic republic of Iran in the light of human rights instruments

Document Type : Original Article

Abstract

The transnational human rights system by predicting a restrictive system for the basic in normal situations and a derogative ones, has illustrated the position of freedoms in the transnational system of the human rights. The Iranian constitution in addition of predicting the restrictive elements of freedoms, has discussed specially about the never has clearly determined anything called derogation. The concept and area of establishment of necessary limitations that predicted in principle 79 is not clear and in this cases, more transparency in some of the concepts in principles of the constitution is needed.
This dissertation has surveyed the criteria of limiting the rights in the constitution and articles of constitution in order to recognized the restrictive measures about freedoms , the derogable and underogable rights in the Iranian constitution and generally necessary provisions of setting essential restrictions, justifying derogation for the freedoms in the articles of constitution and determining the main themes in this dissertation.

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