Document Type : Research/Original/Regular Article

Authors

• mohammad amin abrishami rad ¹
• sajad jalali ²

¹ Assistant Professor of Law, Faculty of Humanities, Semnan University, Semnan, Iran

² Master of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained the status and competencies of this headquarters in the political and legal system of the Islamic Republic of Iran and has identified and analyzed the challenges of this headquarters. Based on the findings of this study, the Human Rights Headquarters can only be identified as a sub-council under the Supreme National Security Council, which therefore, unlike the structure of this headquarters, which is under the judiciary, this headquarters has a multi-faceted status. Of course, the non-approval of the job description of this headquarters by the parliament is one of the most important challenges facing this headquarters, which due to its contradiction with the explicitness of Article 176 of the Constitution, has compromised the compliance of its decisions with legal standards. Therefore, it is necessary for the parliament to determine the competencies of this headquarters.

Keywords

• National Security Council
• Human Rights Headquarters
• Human Rights
• Sub-Council
• Judiciary
• Islamic Consultative Assembly

Main Subjects

• Public Law