نوع مقاله : علمی و پژوهشی
1 عضو هیأت علمی گروه حقوق عمومی دانشکده حقوق دانشگاه قم
2 عضو هیئت علمی دانشکده حقوق دانشگاه قم
3 دانش آموخته کارشنلسی ارشد حقوق عمومی دانشگاه قم.
عنوان مقاله [English]
Human Rights treaties which contain derogation clause, while have allowed their members to derogate some rights and freedoms in states of emergency, have provided some principles that must be observed by states in order to apply the derogation clause. The purpose of prevision of these principles is the prevention from abuse of derogation right and grass violation of human rights by states with pretext of the existence of emergency situations. These principles can be divided into two general categories: Substantive principles and procedural principles. The substantive principles are: the principle of exceptional threat, the principle of proportionality, the principle of observation of other international obligations, the principle of non-discrimination, the principle of good faith and the principle of non-derogable rights. The procedural principles are: the principle of proclamation and the principle of notification. . Article 79 of the Constitution of the Islamic Republic of Iran also deals with the application of necessary restrictions in time of war and similar emergencies. In this article, the issue of the status of emergency situations in the Constitution of the Islamic Republic of Iran and its compliance with the provisions of The International Covenant on Civil and Political Rights relating to the suspension of human rights in emergency situations has been examined comparatively. The results of this study indicate that Article 79 of the Iranian Constitution is slightly in line with Article 4 of the International Covenant on Civil and Political Rights and could be amended in a possible future revision.
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