
قت Human rights or domestic laws; which one has priority?/ Ehsan Haqiqat
Although the principles and rules of human rights were established in the mid-twentieth century and were codified after the adoption of the Universal Declaration of Human Rights on December 10, 1948, at the United Nations General Assembly, and further developed with the creation of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and other human rights treaties and agreements, and with the accession of one country after another to these covenants and treaties, they have become more concrete and tangible. However, when we look at the content and nature of human rights rules, we find that these rules have existed in the depths of the major legal systems of the world since ancient times and have been the dominant and non-negotiable principles of these systems as a whole. Principles such as equality in the enjoyment of rights and the elimination of discrimination, the guarantee of freedom in various dimensions and aspects of life, the prohibition of slavery, torture and abuse, access to fair
At the same time, in the context of establishing and approving internal laws and regulations, adherence to the standards of human rights, which are reflected in international treaties, agreements, and customs, is essential. Ensuring and guaranteeing these standards through domestic legal instruments is a vital component of peaceful international coexistence and a guarantee of equal treatment for all nations, as it prevents some governments from violating human rights by prioritizing domestic laws over international human rights standards. These governments often use various cultural, religious, regional, and other justifications and claim it is in the public interest, disregarding universal and international human rights norms and committing organized human rights violations. In other words, the nature and scope of human rights principles and standards require their observance in domestic laws as superior and non-negotiable rules. One effective and suitable model for ensuring human rights in domestic legal systems and preventing human rights violations in the process of parliamentary legislation and government regulations is the inclusion of human rights standards in the principles of the constitution
Overall, it can be said that human rights standards and norms, in terms of their nature and comprehensive and universal content, which place these rights among natural and fundamental rights, are placed at a higher level than specific laws and regulations. As a result, domestic laws and regulations cannot contradict these principles and rules.
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