An Inquiry into Fundamental Human Rights and Freedoms in the Iranian Legal System with Emphasis on Constitutional Discussions

Abstract

Human rights and the establishment of fundamental conditions of freedom for individuals have always been central concerns of societies and remain a focal point of debate to this day. The main objective of this study was to examine the fundamental human rights and freedoms within the Iranian legal system. The findings revealed that the Constitution of the Islamic Republic of Iran regards freedom, human dignity, and public participation as its fundamental principles, while placing independence and territorial integrity on an equal footing with freedom. The right to form assemblies and political parties is recognized in Articles 26 and 27 of the Constitution as well as in the Charter of Citizens’ Rights. These rights, however, are subject to the conditions of non-contradiction with Islamic principles and the prohibition of bearing arms. The implementation of Article 26 is carried out through the Law on Political Parties and under the supervision of the Article 10 Commission, which is responsible for issuing permits for the establishment of parties and for organizing demonstrations. The enforcement of Article 27 similarly requires notification to the Ministry of Interior and approval by the Article 10 Commission, a process characterized by strict legal restrictions that have effectively curtailed the freedom of assembly. Criticisms directed toward the Article 10 Commission include the lack of religious expertise among its members in determining conformity with Islamic principles and the unreasonable requirement of obtaining prior authorization for peaceful assemblies.