Necessities and Strategies for Establishing the National Human Rights Institution in the Islamic Republic of Iran (Based on the Constitution, Islamic Human Rights Declaration, Paris Declaration and the Precedent of the Countries)

The National Human Rights Institution is a government-institution establishment, but with a non-governmental structure and the mission to monitor the state which is established in some countries to protect the Human Rights at the national level. The Islamic Republic of Iran is also obliged to establish such institution in accordance with the principles of the Paris Declaration. This article seeks to determine the basis and the strategy for the establishment of this institution in the legal system of Iran. The results of this article, using the descriptive-analytic method and based on the Constitution, the Islamic Human Rights declaration and the experiences of the other countries, indicate firstly, “enjoining what is right and forbidding what is wrong” set forth in the Article 8 of the Constitution guarantees the compliance of Human Rights in the Islamic society and introduce an appropriate basis for establishing a national institution; Secondly, some of the existing entities also with the mission of the National Human Rights Institution are compatible with the principles of the Paris Declaration in case of legal structural alteration or interpretation of the Guardian Council; and thirdly, the initiative of the founding law of the new entity is possible through the presentation of a judicial bill or a bill of the parliament or the resolution of the Supreme National Security Council (temporarily).