Sadegh Alikhani; Reza Eslami; Saber Niavarani
Volume 10, Issue 3 , January 2022, , Pages 33-61
Abstract
The Minorities law as one of the prominent manifestations of human rights has always been considered by national and international systems. In the present research, using tolerance ...
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The Minorities law as one of the prominent manifestations of human rights has always been considered by national and international systems. In the present research, using tolerance concept the contents of the international documents and the IRI constitution in favor of the minorities law were studied comparatively. The core question of the present research is this, “has the approach adopted by international documents and IRI constitution been tolerating towards minorities?”The analysis of contents of the international law documents showed that the characteristics of tolerance including respect for individual personality and rights, recognition of minority rights by governments, recognition of pluralism and human differences, solidification of human rights principles, opposition with discrimination and racism, public education on the culture of peace and tolerance provided a proper ground for protection of the minorities rights. The content analysis of IRI constitution too showed that it considered the dimensions of minorities rights including political, cultural, and social, economic, and civil according to toleration principles, while 12, 15, 13, 19, 26, 64 principles are the main supporters in this regard. Notwithstanding, by considering jurisprudential bases in the Iranian constitution, to apply toleration principles perfectly, and, to move from the minorities toleration framework to the acceptance of and respect for minorities, multilateral identification of and implementation guarantee for the minorities rights based on the concept of interest, elements of time and place, ijtihad in the objectives, and by pragmatic approach, it is necessary human rights concept to be introduced seriously into the discussions of jurisprudential
