The right to have rights: Rereading the concept of citizenship (Identifying the factors of deprivation of rights in Iran)

Articles in Press

Document Type : Original Article

Author

Department of Law, Faculty of Humanities Science, Hamedan Branch, Islamic Azad University, Hamedan, Iran

10.52547/jlr.2022.228777.2312

Abstract

Hannah Arendt based Human rights on an unwritten right called the right to have rights. Contrary to the fundamental claim of the international human rights system, equality, consequently, freedom is not achieved simply by being human as a biological species but depends on their acceptance as equal to others or citizenship. The purpose of the present paper is to identify people and groups who deprive the right to have rights in Iran. The research method is descriptive-analytical. Establishing the right to have the right has three indicators: participating in the public sphere, linking to the government, and good relating to society. Statelessness, migration, belonging to a minority and marginality are the four main factors of deprivation of the right to have rights. In different societies, due to these indicators, masses of people are deprived of the right to have rights and hence are outside the scope of human rights guarantees. The results show that in Iran, refugees, Iranians without identity certificates, working children, religious minorities (under article 14 of the Constitution), some political minorities, homeless people, housewives, sexual minorities, and sex workers are deprived of the right to have rights to some degree. If the right to have rights be guaranteed for such people, the definition of human rights will promote the rights of humans as a citizen to the rights of humans as a human.

Keywords

Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 07 November 2022

Files

History

  • Receive Date: 13 September 2022
  • Revise Date: 17 October 2022
  • Accept Date: 07 November 2022

Share

How to cite

Statistics