Normative and Structural Challenges of Citizenship Rights in the Legal System of the Islamic Republic of Iran
Keywords:
Right, Citizen, Citizenship Rights, Structural Challenges, Normal ChallengesAbstract
Human society is seeking a new definition of the human being and the world, in which the human is recognized as a rights-bearing entity. Therefore, there is a need to establish and institutionalize a democratic and sustainable society with due regard to citizenship rights. The aim of this study is to examine the normative and structural challenges of citizenship rights in the legal system of the Islamic Republic of Iran. This research was conducted using a descriptive–analytical method and by employing library-based data collection through systematic note-taking from sources relevant to the study. The Law on Respect for Legitimate Freedoms and the Protection of Citizenship Rights was approved by the Islamic Consultative Assembly (Parliament), under which the Fourth Economic, Social, and Cultural Development Plan of the Islamic Republic of Iran obliged the government and the judiciary to prepare and draft a charter or bill of citizenship rights. The foundation of citizenship rights is to create security for citizens so that members of society can realize their innate potentials and achieve their highest aspirations. A key issue is that in a legal definition of citizenship rights, the obligations of the state and the rights of citizens are explicitly determined. The most important guarantee for the enforcement of citizenship rights is the performance of government officials. If officials fail to fulfill their duties correctly, the institutionalization of citizenship rights will not be effectively realized. Accordingly, it can be said that the lack of adherence by authorities to the principle of the rule of law is the most significant challenge confronting citizenship rights. The findings of the study show that structural challenges in realizing citizenship rights are primarily related to governmental functions, whereas normative challenges are more closely linked to the functions of society and the people. Minimizing these challenges plays a critical role in the improvement and enhancement of citizenship rights.
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