مهتا شعبانی جو

The reason of writing this thesis has been scrutiny over relationship between public rights and human rights. In this way, I enjoyed using a qualitative methodology. Finding of this writing has been the fact that there is a correlation between these two aforementioned notions. The rationale behind this is that public rights- whether in narrow or wide meaning- enshrined in Constitutional Law or other pieces of legislature have had the same rights as one can see in three generations of human rights, provided that human rights are to be defined as rights to be given to humans regardless of their citizenships but public rights in their very meanings are rights given to humans in regard to their citizenship. The conclusion is that in Iranian law order, despite having numberless expressions, public rights, people’s rights, citizenship rights and human rights, to name a few, these concepts overlap with each other. Bearing in mind that citizenship rights as a notion is a newcomer to Iranian legal system, however public rights as another one has been familiarized amongst Islamic jurisprudence. This so-called allegation has been alleged due to a lack of definition of public rights as they are being defined merely in an instruction affiliated to the Judiciary.

  The relation between public rights and human rights can be defined by the virtue of citizenship rights. Despite the wide usage of the latter in various bodies of laws and having held many conferences regarding this, the concept of citizenship rights and its borders with other notions is yet to discover. The relation can be further discussed as following:

  Firstly, these aforementioned concepts are equal owing to the fact that believers in school of “Global Citizenship” or “Neo-Kantianism” advocate this equivalence. Neo-Kantianism after Habermas, which in fact believes in a “global citizenship rights” rest it on an assumption of “cosmopolitan citizenship”. The vantage point of Neo-Anarchism is the same.

  econdly, generality and peculiarity in some respect, having been mostly reflected in Common Law reflections, in which human rights are broader than citizenship rights.

  Thirdly, absolute generality and peculiarity between these concepts, which is more celebrated in Iran. This approach stems from the fact that the believers have thought regarding the concept of citizenship, and utilized citizenship rights in this field although this is a human right concept in its entirety.

  Fourthly, citizenship rights under the title of rights being materialized within national states, are different from human rights as something abstract. Human rights are abstract ideas such as human dignity, or three values of ownership, life, and freedom which will be turned into human rights should they materialize. Public rights, on the other hand, is a concept which has recently come from Arab world to Iran legal paradigm. This concept is based upon modern narratives of Islamic jurisprudence, which is hardly found in the past for the fact that human in Islamic jurisprudence is not equal to transcendent human of Kant.