Jornal of Eslamic Human Rights

Comapartive Study Between the Components of Universality of Humanrights and the Governance System of Iran

Document Type : Original Article

Authors

Morteza Nejabatkhah 1
Alireza Dabirnia 2
Janet Blake 3
Komail Sadeghi 4

1 Faculty of law and political sciences, University of Mazandaran, Babolsar, iran

2 Associate Professor, Faculty of Law, University of Qom

3 Associate Professor, Faculty of Law, University of Shahid Beheshti

4 PhD Candidate of Public Law, University of Qom

Abstract
Universality and relativism are two different approaches to human rights. Universality implies recognition of the same and equal rights for all people around the world, and relativism, on the other hand, emphasizes on the dependence of human rights to the cultural components of each society .Nowadays universality is considered as the accepted discourse and the relationship between governance systems and universality is of significant importance. This article aims to investigate the relationship between Iran's governance system and the universality of human rights. In this regard, while introducing three general indicators, this issue has been examined. These indicators include the capacity to achieve public consensus in the field of human rights, adopting an acceptable position towards international human rights rules, and legally guaranteeing the minimum observance of international human rights standards. In general, this research is based on the fact that Iran's ruling system has adopted a special position towards human rights, which, although it is related to the theory of universality in terms of theoretical foundations, however, the specific religious approach of this system is somewhat relative. It tends to rely on the concept of cultural diversity and at the same time, while adopting a certain interpretation of universality, it also has tendencies towards relativism in terms of religiousness and specific political and cultural characteristics.

Keywords

universality
relativism
governance
constitution
human rights

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