2.1. Introduction
2.2. Human Rights in Iran of late ancient
2.2.1. An ancient history of Human Rights in Iran
2.2.1.1. The Code of Hammurabi
2.2.1.2. The Cyrus the Great's Cylinder
2.3. Iran's Human Rights in the recent centuries
2.4. Conclusion
1.1. Introduction
The codification of the Articles and the origins of Human Rights, the culture to respect Human Rights and its fulfillment for all the governments is a necessity affair. There were created different forms of it from the time of codification of the Charter and the formation of the United Nations. Since Human Rights are the though product of the recent civilization and modernization but if we want to limit in the form of a special civilization, is not correct. With the scrutiny in literature, mysticism, ideas and different religions, it is being understood that invitation to equality, brotherhood and friendship is one of the basic element of their ideas. It must be said that Human Rights are the result of human beings affairs that have been able to enter the human minds in the narration of religious and secular beliefs with the formation of different natural right of every man.
This is not true that a group of people or a country to claim that we were the first who declared Human Rights in the world, and on the other hand, Today Human Rights is not a modern western phenomenon. Today, for a better understanding of what it is called as Human Rights in the world, is to make an attempt to change the thoughts of a nation and religion about Human Rights and it should be collected and codified in a way so that this attitude would be able to root out the basis of an intellectual society and people refer to it with knowledge and belief.
In this regard , This dissertation as much as, it is trying to study with the case of the origin of Human Rights, especially in Iran, in connection with thinking of the Iranian's thoughts of Human Rights to study the case today. Therefore, the main aim is that to set down Human Rights as the fundamental and the most vital rights with clarity and wisdom in modern societies in the world. And if there are insufficiencies in the thought of intellectuals in this issue, those obstacles would be removed with the efforts of experts and scholars of Human Rights.
With this view, in this article, the Iran's history so far and its Today's Constitutional and Legal Framework of Human Rights would be investigated.
2.2. Human Rights in Iran of late ancient
It is said that the first declaration of Human Rights in the whole world, traced back to 29th of October in 539 B.C. in ancient Iran at the time of Achaemenid Great Cyrus. This declaration was issued about 2551 years ago, on 13th of October in 539 B.C. when Cyrus occupied Babylon City. Nowadays, this document has been known as the first Charter of the Nations and Human Rights.
In this historical Charter, Double Horns Cyrus has cited some very important provisions, such as He has ordered to:
- Abolition of slavery
- Return back all captives and slaves to their own regions
Also, in this Charter, all domestic religions must be free and has forbidden the troops from aggressing of life and property of citizens and more over Jewish ethnic was released from enslavement and captivation in Babylon and their destroyed houses were renovate, etc.
And as he, himself says: "I have provided a pacific society for all the people and I have granted peace and calm to the whole, which it may exult all hearts.
This historical and legal procedure was happen when nearly all dominant powers conquered the massacre without mercy and were not respect any legal rights for them and imposed their views and decisions on them.
we also read In the political changes of ancient Rome and Greece that the Stoicism were more effective than the other groups in the Human Rights affairs and for the first time, they founded the law order and the natural law, and later the Romans, according to the same Articles, recognized valid special rights for the strangers or in today's language as international law. (Enayat, 64:55)
This question could be stated, when the history of Human Rights in Iran was started?, the answer to this question cannot be so precise, because, according to some of the Writers it has started two thousand years before Christ ", while some others believe that Human Rights started four thousand years later in the twentieth century.
Therefore, with regarding of these two approaches, the historical background of Human Rights in Iran can be studied in two periods.
2.2.1. An ancient history of Human Rights in Iran
2.2.1.1. The Code of Hammurabi
The Code of Hammurabi was codified about 1730 years B.C., It is the first legal text which was written by various rules which are governing the relations among human beings, more or less, it can be affiliated with the today Human Rights. (Hashemi, 84: 113)
This law which is known as the Ten Commandments has been written on a pillar of stone to a beauty in 1902, was discovered from the archeological exploration in the southwest of Susa in Iran and is now kept in the Louvre museum in Paris, and it is said that it is like the Torah which plummeted from heaven. (Dourant, 65: 260)
In the introduction of this law has cited: " Anu and Bel called by name me, Hammurabi, the exalted prince and gods' worshiper, ordered me, to bring about the rule in the land, To overturn sinners and evils, To prevent from the tyranny of the weak. It is Me, Hammurabi in hard time, I have had long my hands to aid my nation and secure people of what they have in Babylon, I am the nation governor and servitor who his works is pleased Anu. "( Haman, 261)
In this law, violation the right of freedom was marked as the most difficult and the most savage of punishments. The law of life sentences for life, an eye for an eye (Article 196) a bone for a bone (Article 197) and a tooth for a tooth (Article 201) and the judgment to test method (ordeal) on one hand and it is noteworthy the precise judicial methods which prevent the severity and despotism of man to his wife on the other hand. The Code consists of 282 laws on rules , Human Rights and penalties which are about the Articles of movable and immovable, commerce, industry, work and family and physical harassment in separation of that it seems that at that time it was very progressive and Civilization caravan guide light. (Haman, 261)
2.2.1.2. The Cyrus the Great's Cylinder
The Cyrus The Great , the founder of Achaemenid Dynasty (559-529 B. C.) who is considered as one of the monarchs whose name is in memory in the history by confronting evil and reforming the affairs, and his treatment was known as Prophet Nature. (Hashemi, 84: 116)
and some believe and confirm that Cyrus is whom that was mentioned in the Koran as "Double Horns" and God has given his power on earth and all the facilities at his disposal to step for justice. (Tabatabaei, c 13: 658-664)
The Cyrus The Great seized Babylon (538 or 539 B. C.) and released Jews whom Nebuchadnezzar has got them in captivity, that they were more than 40,000 in number, and restored what he was seized. Justice and good behavior with the tribes and the conquered nations the freedom of religion was Cyrus's administrative ordinance. (Saleh, 48: 119)
in addition to the good ruling behavior, The Cyrus has issued declaration which he ordered to depicture it on the cylindrical pottery and it must be set in a public show , He wanted that the nations which have been oppressed by unmerciful kings, after that will have been to continue their life with security and safety.
The text of this Order, which in history is remembered as the first Declaration of Human Rights, is as follows:
"I am Cyrus, king of the world, great king, powerful king, king of Babylon, king of Summer and Akkad, king of the four quarters [of the earth], son of Cambyses, great king, king of Anshan, descendent of Cispis (Teispes), great king,, the perpetual seed of kingship, whose reign Baal [Markuk] and Nabu love, and with whose kingship, to their joy, they concern themselves. While plenty of my soldiers walked friendly in step Babylon, I did not let anyone in the entire lands of Sumer and Akkad to be deterrent. I have cherished Babylon and all the holy cities, abundance of blessings... I ameliorated their prostration and I rid them of unemployment."(Arfaei, 56:18-17)
"I took into consideration the needs of Babylon and all its synagogues and I have tried to improve their Status, I renovate the holy cities which their temples has undergone destruction in a long period of time, across the Tigris, and I returned the gods' statue to their place where was their own position and I gave place in a sustained destination. I've gathered all their inhabitants and I gave them back their homes, may pray me daily, all the gods that I've placed them in their worship in front of Baal and Nabu. It may my life be long ..."( Azaad, 82:55-54).
2.3. Iran's Human Rights in the recent centuries
Iran, because of some of the universal and humanitarian historical lodgments , like the memorable The Cyrus The Great 's Cylinder which was pointed out earlier and also the valuable teachings of the Divine religions, especially Zoroaster and Islam has an old acquaintance with the concept of human dignity which adorn the Today's "Human Rights",. To understand this, It is attributed by poem books of precious poets like Molavi, Saa'di which show congealing valuable theme of "Human Rights" in the Iranian culture and customs.
But the black history despotism of rulers in this land is similar to other parts of the world, which implicit to the violation of the rights of people, but among the liberal movements which include the two constitutional (1324 lunar) and Islamic (solar 1357) revolutions cannot be ignored.
Their political and legal achievements could be considered as the turning points in the history of Iran:
1. Constitutional revolution and liberalism movement: constitutional revolution can be known on the clash process of external and internal thoughts to throw the process enlightenment and intellectual development in Iran traditional atmosphere in monarchy bond.
In its external display, the industrial, commercial, political and cultural growth and the inevitable relations of Iran with other countries brought the transitional breaking traditional effects and it familiarized the people of Iran with the conceptions like freedom, equality and democracy.
In this regard, the Iranian intellectuals thought and their acquaintance with the political and social thoughts of the West was made to root out tyranny and forma constitutional system with the participation of people as it was gone in the West.
In the internal display, a number of religious scientists, like Seyed Jamal al-din Asad Abadi (1314-1254), Malikol Motakallemin (1326-1277) and Seyed Jamal al-Din Isfahani (1326-1279) who intellectually were distinct from the majority of the Darbari clergymen and isolated from politics, with the correct understanding of freedom in Islam, decided to provide the fields to deal with dictatorship and to secure the nation.
The foresaid intellectual attitude became the basis of the hidden and clear conflicts which eventually led to the establishment of constitutionality and its result was the constitution of law in 14 Zighaadeh 1324 The lunar Calendar or 8 Day 1285 The Solar calendar). In CHAPTER II of Constitutional Amendment (of 8 to 25Articles) about the title of "rights of the nation" which is the first document or the official modern stone of Human Rights in Iran.
In this law, the equality of rights against laws (Article of 8), security, property, housing and honor(Article s 9, 13 and 15 to 17) and correspondences (Article 22) and telecommunications (Article 23), people's judicial security (Article 19), the right to appeal (Article 11), to legalize punishments and crimes (Article 12), and independence of the Judiciary mechanism (Article 27), open meeting of the trials (Article 76), freedom of the press with emphasis on the ban of Censorship (Article 20), freedom of association and union (Article 20),"free education and training (Article 18) and compulsory education in particular the duty of the government on the construction of schools. . . the equal attitude status was predicted and enforceable to all people in Iran. (Hashemi, 84: 172-170).
2. The Islamic revolution and its achievements of Human Rights: Iran, with leaving behind the constitutional experience and its failures, because of Tyranny Empire, suppression of freedom and government efforts to secular the country political system, and it gradually followed the opposition of religious leaders , authorities and intellectuals.
On the other hand, the intellectual Preparation of Society has provided Massive movement of people. The leadership role of Imam Khomeini (RA) as a prominent religious scientist and also his acquaintance to people's political and counter-dictatorship factors was very determining and crucial during 15 years (from 1357 to 1342 The Solar calendar)
On this fact, although the Islamic Revolution and finally the Islamic Republic can be aimed on the basis of the Islamic faith of the majority of people, but we cannot ignore the continuous guidance of Imam Khomeini to title it as "the Islamic Revolution" and "Islamic republic".
The Islamic Republic of Iran's law constitution is as a legal document of the current political system, in which different Articles of CHAPTER III (19 Articles to 42) and some other Articles, is held a special position for civil, political, economic, social and cultural people's rights and also in the ninth Article, The right to freedom has placed as one of the main and non-deprived axes of country's political system. (Hashemi, 84: 173-172)
These rights and freedoms which will be investigated in different parts of this chapter, can be divided as the following titles:
1- The dignity public safety, life, property, work and Human Rights (Articles 22 and 25) and private security, housing and privacy, residence (Articles 25 and 33)
2- judicial security in the Articles Presumption of Innocence (Article 37), prosecution (Article 32) fair trial with the right to select an attorney (Article 35) and public trial (Article 165), punishments and crimes must be on the basis of law framed (Articles 36 and 169) the Dignity of Arrested and convicted (Articles 38 and 39).
3- Freedom of Belief (Article 23), Freedom of the Press (Article 24), Freedom of Association (Article 26) and Freedom of Assembly (Article 27).
4- The people's rights and freedom in administration of the country and Public service employment. (6, 7, 56, 62, 100, 107, 114 and other Articles).
5- Social and Economic rights (Articles 21, 28, 29 and 43) and also Cultural rights (The clauses 2 to 4 of Article 3 and 30).
6- Children and Women's Rights (Article 21 and the other Articles), minorities' Rights (of 12 to 14) and Asylum's Rights (Article 155). (Mansour, 86: 128-27)
With the acceptance and understanding the development of the democratic culture, the different individual, social and political relations demand the various methods which would be taken into consideration in their national and international legal system of every country.
In this regard, In Iran's national rights, Human Rights and the supporting of the international system are studied in the governmental and people's concepts, respectively:
Conclusion
Although Human Rights have efficiency been the product of today's man, but which man? The man who is more human than yesterday? When we say international Human Rights are the product of undeniable and undoubted man, what does it mean? , and the questions as such show that Today, the formularized modern Human Rights were born from the west concept but in this Short, by studying one of the old and immutable world civilization means Iran's, It is clearly can be said that Human Rights debate has been in all or at least most of the civilization.
Therefore, today, for justifying the issue of Human Rights, it is not only needed a necessity and Benefit-oriented approach, but also, they should have the theoretical, mental and moral legitimacies in different societies.
For instance it is necessary to know that although Human Rights became "Rule", but the origin of this concept has at least 2500-years-old in the history of Iran's land.
In this case, the origin concept of Human Rights like the other human values depends on human history, spirituality and religions.
Therefore, we should have together all the valid definitions, interpretations of human and its category of right, and then with the help of those, go for Human Rights which is the greatest issue of 21st century.
In this way, not only by the modern Human Rights, but also with the studies of different Human Rights cultures like Iran, can be done more easily with its correct implementation to the first and the most vital Human Rights in different societies.
