Document Type : Academicm and Research
Authors
1
PhD Candidate, Public Law, Islamic Azad Uuniversity, Qom, Islamic Republic of Iran.
2
Assistant Professor, International Law Department, Facultyof Law, Univetsity of Qom, Qom, Islamic Republic of Iran.
3
Associate Professor, International Law Department , Faculty of Law, University of Qom, Qom,, Islamic Republic of Iran
10.22091/csiw.2026.9898.2731
Abstract
The right to Right to judicial recourse as one of the fundamental pillars of justice, represents the inherent human right to access a competent and impartial authority in order to achieve one's rights. This right, which is recognized in Article 14 of the International Covenant on Civil and Political Rights and the principles of the Constitution of the Islamic Republic of Iran, provides the basis for the realization of a fair trial. However, in the Iranian legal system, there is still a noticeable gap between the theoretical recognition and practical realization of this right; the weakness of support institutions, limitations in financing public advocacy, and institutional concentration are among the most important challenges. A comparative study of leading systems shows that the United States, by emphasizing judicial independence and the right to a lawyer, and France, by designing a legal aid system, have presented two different but complementary approaches to guaranteeing this right. These experiences reveal that the effective realization of the right to a fair trial requires a combination of three fundamental components: sustainable financial support, institutional independence, and civil oversight. The present study, using a descriptive-analytical method and relying on international sources, domestic laws, and comparative experiences, attempts to draw a realistic picture of the status of the right to appeal in Iran and provide the necessary theoretical background for rethinking judicial justice policies; an approach that considers justice not an administrative privilege, but a universal right and a prerequisite for human dignity.
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