Public Law Studies Quarterly

The Justiciability of the Right to Housing in International Human Rights law and the Iranian Legal System

Document Type : Article

Authors

Zahra Moshrefjavadi 1
seyed Ghasem Zamani 2
Zahra Ebrahimi 3

1 Ph.D. Student in (International Law), Faculty of Law and Political Science, Allame Tabataba’I University, Tehran, Iran

2 Prof, Department of Public and International Law, Faculty of Law and Political Science, Allame Tabataba’I University, Tehran, Iran

3 Ph.D. Student in (Public Law), Faculty of Law and Political Science, Allame Tabataba’I University, Tehran, Iran

https://doi.org/10.22059/jplsq.2019.280846.2006
Abstract
Adequate housing is a basic human need on which the realization of other fundamental rights depends. The right to adequate housing has been recognized in many national, regional and international instruments. However, the mere recognition of a right does not suffice, and enforcement as well as the right of action are necessary. The issue raised is whether the right to housing is justiciable in international and national legal systems. In terms of international human rights law, this matter has been resolved with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in 2008. The government of the Islamic Republic of Iran is a member of the said covenant but not its additional protocol. As such, it will establish its own policies on this issue. The present study aims to evaluate the justiciability of the right to housing in international human rights law and Iran's legal system. 

Keywords

housing
right to adequate housing
human rights
justiciability

  1. Refrences In Persian:

    1. A) Books
    2. Jafari langeroroudi, mohammadjafar (1993), Extensive in Legal Terminology, Vol. 1, Tehran: Ganjrdanesh pub (In Persian).

     

    1. B) Articles

    2.Aminpour, Ahmad; Madani, Ramin; Hayati, Hamed; Deldade ,Mohammadali, (2015), “Recognizing the implications of housing and residence based on Islamic teaching” , Urban Management, No.4, pp. 47-59 (In Persian).

    1. Kamaizadeh, Yaqub; Rezaei, Mohammadreza (2013), “An analysis of the criteria for locating residential spaces with emphasis on the Mehr housing project”, The first national conference on urban planning and architecture over time, available in: https://www.sid.ir/fa/seminar/ViewPaper.aspx?FID=6431392H01143, pp. 1-16 (In Persian).
    2. Ilka, Shaahin; Mansoori, Behrooz; Nasir Salaami, Seyyed Mohammadreza; Saremi, Seyyed Aliakbar (2014), “Phenomenological approach and the concept of living in the cultural paradigm of life”, Urban Management, No.3p, pp. 165-188 (In Persian).

     

    1. D) Laws & Cods
    2. Law on the Sixth Five-Year Economic, Cultural and Social Development Plan for 1396-1400 (Islamic Republic Of Iran), March 4, 2017 (In Persian).
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    4. Civil law, 1928 (In Persian).
    5. Executive By-Laws of Article 33 of the Law on Engineering and Building Control System, approvals of the Council of Ministers, July 12, 2004 (In Persian).
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    8. Civil Liability Law, April 27, 1960 (In Persian).
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    10. Law of Engineering and Building Control System, March 12, 1996 (In Persian).
    11. Charter of Citizenship Rights , December 20, 2016 (In Persian).

     

    1. D) International documents
    2. Charter of Human Rights (1948) (In Persian).
    3. International Convention on the Elimination of All Forms of Racial Discrimination (1955) (In Persian).
    4. International Convention on the Rights of the Child (1989) (In Persian).
    5. International Convention Relating to the Status of Refugees (1951) (In Persian).

     

    1. E) Rules
    2. The decision of the General Assembly of the Court of Administrative Justice, lawsuit number 214, case class, 394/94, Subject: Non-cancellation of Circular No. 297425 / 93- 7/11/1493 of the Central Bank and Revocation of the directive to non-banks, June 6, 2017 (In Persian).

     

    1. F) Website
    2. Housing, Road and Urban Development Research Center (Ministry of Roads and Urban Development), last date: April 13, 2019: https://www.bhrc.ac.ir/ (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 3
Autumn 2022
Autumn 2022
Pages 1165-1184

  • Receive Date 07 May 2019
  • Accept Date 24 June 2019

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