The Constitution and the Charter of Citizen Rights

Therefore, concretely speaking about the Charter of Citizen Rights, one can say that regarding justice, Article 7 of this charter states that citizens shall enjoy human dignity and all the benefits provided for therein equally. Also, Article 8 states that unjust discrimination, especially in citizens' access to public services and the like, must be refrained from. If you look at this chapter, you will see that there is no discrimination whatsoever based on the idea that individuals can enjoy privileges based on religion, faith, or other ethnic characteristics. Even Article 10 states that insulting, humiliating, or inciting hatred against ethnicities, followers of religions and denominations, and various social and political groups is prohibited. This is while we do not have such an emphasis in the Constitution. Also, the Constitution, in Article 19, states that the people of Iran, from whatever ethnic group or tribe they may be, shall enjoy equal rights, and color, race, language, and the like will not be a cause for privilege. The flaw in this principle is that religion and denomination are not included in it. That is, the legislator of the Constitution, in Article 19, did not accept religion as a criterion for equality. Therefore, the people of Iran are not equal in terms of religion, denomination, and gender. Consequently, when, according to Article 19 of the Constitution, religion and gender can be criteria for discrimination in individuals' rights, instances of inequality take shape. The deadlocks created so far have been resolved by the governmental decree of the Vali-e Faqih, such as the inequality of blood money between Muslims and non-Muslims. As it was, in criminal laws for many years, the blood money for a Muslim was more than that for a non-Muslim. Thus, with just these few examples, one can understand that new concepts have been introduced into the discussions of citizen rights.

On the other hand, Article 45 of this charter states that civic activities in the areas of citizen rights are the right of every citizen. Non-governmental organizations must have the right to access information and a competent court for seeking justice regarding the violation of citizen rights. With this clause, one can say that individuals cannot be prevented from civic activity under various pretexts. Therefore, the non-stratification of citizens and the recognition of their rights as equal, regardless of their thoughts or gender, is correctly observed in this charter.

However, some clauses of this charter may be similar to the Constitution. Such as the discussions raised about the principle of presumption of innocence. But at the same time, in many cases, it is precise and different.

Also, the mechanisms provided for in this charter for its implementation show that the grounds for its implementation exist, and if they did not, they could be provided. In fact, measures have been devised that are useful and efficient. Because measures such as a Special Assistant have been devised, which is a major development. Because previously, a Deputy for Citizen Affairs was appointed but was merged into another deputy position and remained inconclusive. But now a Special Assistant has been devised, which is a good development. Also, the President is obliged to report to the people annually. The most important issue in the field of citizen rights is accountability. Therefore, these matters have been well provided for. Thus, in this context, Dr. Rouhani's courage and valor in signing this charter are commendable, and certainly, as the importance and various dimensions of this charter become clear, it will face many attacks, to the point of excommunication, from some of its opponents.

Every step taken towards enhancing citizens' rights will lead to the consolidation of security, brotherhood, and better coexistence among ethnicities, races, etc.

The author, as a small member of the legal community, thanks Dr. Rouhani and his colleagues.