The position of public order in international agreements on human rights and Iran-Islam legal system

International documents relevant to human rights, such as the Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, as well as regional agreements allow the governments restrict some human rights to save public order, public ethics or to protect the others’ rights. In addition to international treaties, the said examples are also inserted in the national laws of the states. In line with the protection of some critical interest, the legislator has made some restrictions in the regulations of the legal system of The Islamic Republic of Iran. This study has investigated the public order as the most critical restricting element of enforcement of human rights agreements. After mentioning the restricted rights by public order in human rights conventions, the study has analyzed the aim of public order by restricting the human rights agreements and the conditions of applying for public order. To make a comparative study, the position of public order is studied in the legal system of the Islamic Republic of Iran and Islam. The results obtained from the study show that although the public order element has been recognized as the right restricting element, it shows the priorities of the international community in the enforcement of human rights agreements from other points of view. In the legal system of the Islamic Republic of Iran, the originality belongs to Islamic Regulations. However, in cases of the opposition of protecting public order with Islamic regulations, the Islamic regulations can be restricted due to the expediency of system protection on the Islamic Governor and based on the regulations.