The principle of the right to life in Iran’s Constitution and adaptive comparison with the international documents of human rights

Alireza Saybani, Ali Zanganeh

Abstract


The right to life is one of the basic rights, and even the most basic right of human being that is his main asset and a great divine blessing for him. The life is the reign of the humans, but from the perspective of Islam, the life is a divine blessing and a natural right that is stripped whenever it becomes a device for killing other people, corruption in the society and disrupting the established proper order in the society or combat with the divine system to the benefit of others. Among the most important characteristics of the right to life that have been recognized in the international system of human rights is that the mentioned right as it is specified in paragraph 2 of article 4 of the Civil and political rights of international Covenant (1966) is considered among the indivertible rights (non-derogable) that cannot become suspended even in terms of war situation and a situation that a general danger threatens the life of the nation and should be supported all the time. Another important feature of mentioned right is that this right is not only a component of the international customary certain rules, but also it could be argued that this right can be a component of peremptory rules of international law as well. The aim of the present study is to survey the right to life in Islamic laws and the international system of human rights. At first, we examined the principle of the right to life and the views rose in this area and the supported sources of the right to life in the Covenant of international law and the Iran’s Constitution and at the end, the two systems were legally compared.

Full Text:

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