The Application of Human Rights Treaties as Domestic Law in the Islamic Republic of Iran

Shah, Niaz A; Piri, Heidar

Abstract

The reading of the post-revolution 1979 constitution of Iran gives the impression that Iran is a dualist state but we argue that, on its proper analysis together with Article 9 of the Civil Code 1928, Iran is a monist state and human rights treaties Iran has acceded to are directly applicable in the legal system of Iran. The misperception stems from the fact that the 1979 constitution is silent on the status and/or hierarchy of ratified treaties. We argue that there is no conflict between the constitution and Article 9 as the former sets out procedure for the ratification of treaties and the latter determines their status in domestic law, i.e., granting ratified treaties the status of ‘the force of law’. We alternatively argue that even if the conflict is real, it can be avoided by following the Islamic law approach as Islamic law treats ratified treaties as binding and directly applicable in Islamic state such as Iran. The 1979 constitution has bestowed supreme status and it prevails over other laws. We argue that direct application of ratified human rights treaties would make significant contribution to the enjoyment of human rights in Iran.

Citation

Shah, N. A., & Piri, H. (in press). The Application of Human Rights Treaties as Domestic Law in the Islamic Republic of Iran. Human rights quarterly, 47(2),

• Journal Article Type: Article
• Acceptance Date: Jul 11, 2024
• Deposit Date: Aug 5, 2024
• Journal: Human Rights Quarterly
• Print ISSN: 0275-0392
• Publisher: Johns Hopkins University Press
• Peer Reviewed: Peer Reviewed
• Volume: 47
• Issue: 2
• Public URL: https://hull-repository.worktribe.com/output/4784268
• Publisher URL: https://muse.jhu.edu/journal/77