Human Rights Legislative Attachment: Feasibility and Requirements

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor, Department of International Law, Faculty of Law, Qom University, Qom, Iran

2 PhD at criminal law and criminology, Qom University

10.22034/mr.2024.16193.5660

Abstract

Achieving to a good legislation requires providing full insight to parliamentarians in matters under decision. In order to provide this insight, representatives either refer to personal knowledge and experiences, or they use the opinion of experts in oral or written form. The Legal Annex is one of the types of written expert opinions that mention the consequences of the representatives' decisions from the perspective of one or more specialized dimensions. Since the effects of human rights to the decisions and functions of parliamentarians, have gained increasing importance in the domestic and international levels, this article deals with the question of what requirements and with what mechanism can human rights legislative attachment can be provided?. The findings of this article show that the human rights legal annex is of the type of annexes as an expert opinion, and due to its nature and subject matter, these annexes, while having a universal language and in accordance with the terminology of international human rights law, should benefit from a supra-legal point of view. Also, the article examines the assumptions of the conflict between the decision of international human rights and Islamic jurisprudence, solutions such as overcoming the apparent conflict, paying attention to the “Mantaghat al-Faragh Theory” and the standard fatwa, reaching the goals of human rights through ways compatible with jurisprudence and finally standing on the legitimate position. "Strengthening the current institutions related to the Parliament" and "Using the collective intellectual effort of legal and jurisprudential experts" are two necessary measures in this direction. The most important benefit of the legislative attachment of human rights is to remove the parliament from a passive state and give it an active role and initiative in the field of human rights.

Keywords

Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 27 August 2024

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