نشریه حقوق بشر و شهروندی
سال سوم شماره 1 (پیاپی 5، بهار و تابستان 1397)

Despite the recognition of part of the rights of the nation in Chapter 3 of theConstitution of the Islamic Republic of Iran and the relevant ordinary laws,the "Charter of Citizenship Rights" -2016 - is one of the most important legaldocuments after the Islamic Revolution Which has officially recognizedlegal rights under the title of citizenship rights. In the present study, in adescriptive-analytical format, the possibility of invoking the Charter ofCitizenship Rights in the Administrative Justice Court was examined. Thefindings of this study showed that considering the role of the President in thepolitical and administrative system of the Islamic Republic of Iran andproving the legislative authority for this authority, the Charter of CitizenshipRights should be considered as government regulations and in terms ofnormative hierarchy under ordinary laws. Therefore, considering that inaccordance with Articles 167 and 170 of the Constitution and also theprocedure of the Administrative Justice Court, it is possible for judges of theCourt to invoke government regulations, this charter can be invoked in thecourt proceedings within the limits of the law.

Observance and protection of civil rights along with human rights is one of the most important duties of the government, which is specified in paragraphs (7), (8), (12) and (14) of Article 3 of the Constitution. These duties are distributed among the three powers according to the powers of each, but in the meantime the President, according to the oath mentioned in Article (121) of the Constitution and declares that "the freedom and dignity of persons and rights that the law "It is well-known for the nation to support me." One of the legal tools for identifying and establishing citizenship rights is to include the provisions of citizenship rights in legal documents. The issuance of the Charter of Citizenship Rights in December 2016 by the President of the Republic in the Eleventh Government provoked discussions on the competence of the executive branch and the position of the President in the field of formulating and communicating citizenship rights in legal circles. Apart from examining the "nature" of the provisions of the Charter of Citizenship, the present article seeks to answer the question by descriptive-analytical method, taking into account Articles (58), (156) and (158) that "the competent authority "From the perspective of the constitution and the principles of public law, what is the institution for drafting the Charter of Citizenship Rights?" After stating and assessing the reasons of each of the parties to this legal dispute, at the end, suggestions in this regard are presented.

Today, the rights of women and the family are very important to all human societies, which have always been violated by governments. In order to realize and guarantee these rights in Iran, according to Article 173 of the Constitution, a reference called the Court of Administrative Justice has been established to deal with complaints and grievances of the people against the decisions of officials and illegal actions of administrative organizations. Therefore, the main purpose of this study is the role of the Court of Administrative Justice in protecting women's rights. The most appropriate method in legal studies is the analytical method, descriptive. In this research, the same method has been used. The results of the study show that the prevalence of negative attitudes towards women and the existence of serious deprivations have caused special attention to be paid to women today to correct this problem. The Court of Administrative Justice must pay special attention to individuals and groups who have traditionally had difficulty exercising their rights, especially women. In the field of administrative proceedings to protect women's rights, the Court of Administrative Justice is the highest administrative authority in the country, which hopes to expand the jurisdiction of the Court, familiarize women with their rights, try to establish women's rights in accordance with sharia and legal standards and limit Government tenure The position of the Court can be enhanced so that citizens, especially women in the community, have no fear of the administration of justice and their rights, and an appropriate judicial system is designed to allow these vulnerable individuals access to their rights.

The legal system of each country, as an important and fundamental piece of the puzzle of the governing system of that country, has undergone serious developments and changes in its historical course in order to adapt to the new requirements and capacities and take full advantage of the new opportunities available. In this regard, legal technology is one of the most important developments that the world's legal systems have used to fulfill their missions, including guaranteeing public rights. This article tries to explain the usable opportunities of legal technology in order to guarantee public rights and upgrade its executive guarantee by using the library method and studies of international experiences in utilizing the capacities of legal technology. A study that shows that legal technology creates a platform for raising public awareness of their rights, collecting governance affairs and public participation in various fields such as supervision, legislation in addition to increasing the social capital of the government and public trust, extra-legal and far stronger sanction. Create a guarantee of public rights. However, despite the existence of more than four decades of legal technology, the Iranian legal system initially stands in its way and the proper and efficient use of this opportunity requires a correct and professional approach with full knowledge of its dimensions.

The right to hold managment positions is an example of citizenship rights that plays an important role in furtherance political partnership and decision making of the citizens of a society. This right is mentioned in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and several articles of the legal system of Iran and emphasizing its exercise without regard to discrimination, including gender discrimination. In the past, in many societies of the world, women were not given such a right and women had no role in governing society. Therefore, in modern world, many countries for elimination this inequality and to take advantage of the potency of women and their participation as half of society, apply to remedial actions such as allocation a certain quota for women in management positions. These actions are defined under the concept of "Positive Discrimination" or "Affirmative Action". Therefore, in order to achieve gender justice, the High Council of administrative ncil, in a approved in 1396, allocated 30% of managment positions to women and, in addition to other privileges, gave priority to women and youth in holding these positions. . Recently, the General Board of Administrative Justice Court annulled the approved by invoking to law related merit selection. This article in an analytical-descriptive manner, tries to considerate the conditions and challenges of exercising positive discrimination regarding this right while protecting other citizenship rights and principle of merit selection.