Public Law Studies Quarterly

Urban Architecture and Citizenship Rights

Document Type : Article

Authors

Hamidreza Arami 1
Mahmud Hekmat nia 2
Mehdi Mahmudi Kamel aban 3

1 Ph.D in Architecture, Lecturer at Qom University, Qom, Iran

2 Prof., Law Department of the Institute of Islamic Culture and Thought, Tehran, Iran

3 Assistant Prof., Faculty of Architecture and Urban Planning, Isfahan University of Arts, Isfahan, Iran

https://doi.org/10.22059/jplsq.2020.291676.2212
Abstract
Assuming the principle that citizens have a right to the architecture of the city, the question arises as to how these rights are implemented and realized. One of the ways by which these rights can be realized is to determine the nature of the responsibility of those tasked with implementing these rights. In order to clarify the nature of responsibility, scholars categorize rights into negative, positive, and group rights. Although this categorization is controversial, examining it in terms of concept, nature and elements can be a good guide in facilitating the realization of these rights. The focus of this article is on clarifying the relationship between citizens' rights and the architecture of the city, and consequently to clarify the responsibility of urban designers and planners with respect to these rights. In this study, the methods of documentary research and qualitative content analysis and logical reasoning have been used. The results suggest that citizens' rights to urban architecture are divided into three main categories, namely: negative rights, positive rights and group rights. The duty and the role of urban planners and designers is not to interfere with the first category, to secure the second category, and to participate in and cooperate for the realization of the third category. Of course, this separation does not mean the supremacy of one group of rights over the others. Rather, it concern how these rights are implemented and realized.

Keywords

citizen
positive rights
negative rights
group rights
urban architecture

  1.  

    1. انگلیسی
    2. A) Books
    3. Chauffour, jean- Pierre (2009), The power of Freedom: uniting human rights and Development, Cato Institute.
    4. Hugh Barton, Marcus Grant, Richard Guise. (2003). Shaping Neighbourhoods: A Guide for Health, Sustainability and Vitality. Spon .
    5. Movahed, Mohammad Ali (2003), In the air of right and justice from natural rights to human rights. Tehran: Nashre Karnameh.
    6. Waldron, Jeremy (1993), liberal rights, Collected Papers, Cambridge University Press.

     

    1. B) Articles
    2. Shamabadi, Abolghasem (2013), "Study of the three generations of human rights", a specialized blog on jurisprudence and law

    Refrences In Persian:

    1. A) Books
    2. Dadashpour, Hashem, Alizadeh, Bahram & Rostami, Faramarz (2015), Spatial justice discourse in the city, Tehran: Azarakhsh (In Persian).
    3. Dastmalchian, Ahmad (2012), Generalities on Citizenship Rights, Department of Citizenship Protection of the Ministry of Interior (In Persian).
    4. Emami, Seyed Hassan (2006), Civil Rights , 18th edition, Tehran: Islamia (In Persian).
    5. Hekmatnia, Mahmoud (2007), Fundamentals of Intellectual Property, Tehran: Pajoheshgah Farhang Andishe Eslami (In Persian).
    6. -------------------------- (2012), Philosophy of the women's rights system. Tehran: Pajoheshgah Farhang Andishe Eslami (In Persian).
    7. Hugh Barton, Marcus Grant, Richard Guise. (2003). Shaping Neighbourhoods: A Guide for Health, Sustainability and Vitality. Spon .
    8. Katozian, Nasser (2016), Fundamentals of Public Law, fifth edition, Tehran: Mizan (In Persian).
    9. Lang, John (2010), Creation of architectural theory,Translated by Alireza Einifar, Tehran: University of Tehran (In Persian).
    10. Parsania, Hamid (2013), Social worlds, Qom.Ketab Farda (In Persian).
    11. Rapaport, Amos, Culture, Architecture and Design. Translated by Barzegar, Maria & Yusuf Nyapasha, Majid (2010), Tehran: Shufflene (In Persian).
    12. Vakil, Amir Saed; Askari, Pouria. Third Generation Human Rights, Solidarity Rights (2004), Tehran: Majmae Elmifarhangi Majd (In Persian).
    13. Sameh, Reza (2015), Architecture and the quality of human life in the epistemological system of Islam, Qazvin: University Jahad (In Persian).

     

    1. B) Articles
    2. Abbasi, Mahmoud; Kalhernia Golkar, Meysam & Sadr Tabatabai, Seyed Mohammad Ali, (2015), "A Reflection on the Manifestations of Citizenship Rights in the Teachings of the Qur'an and Nahj al-Balaghah", Scientific-Research Journal of Bioethics, No. 21, pp. 9-22 (In Persian).
    3. Asgharnia, Mohammad Hassan & Asgharnia, Morteza (2016), "Cultural Rights: The Second Generation of Human Rights", Journal of Political-Economic Information, pp. 88 (In Persian).
    4. Azimi Hashemi, Mojgan; Razavizadeh, Neda & Young Jafari, Abdul Reza (2015), "Urban Charters; The bedrock of the realization of the right to urbanization ", Journal of Social Sciences, Ferdowsi University of Mashhad, pp. 51-76 (In Persian).
    5. Azimi Hashemi, Mojgan & Razavizadeh, Neda (2020), "Citizenship Rights and Urban Space", Mashhad Urban Planning and Management Conference (In Persian).
    6. Arami, Hamidreza; Hekmatunia, Mahmoud & Fahimi, Azizullah (2020), "Urban architecture and ownership of space beyond the usual height", Journal of Islamic Law, No. 63, pp. 111-136 (In Persian).
    7. Ahmadpour, Ayub (2012), "An Introduction to the Principles of Civil Rights in Islam", Journal of Islamic Education Research, 119-142 (In Persian).
    8. Ansari, Baqir (2012), "Fundamentals of Solidarity Law", Law Quarterly, Vol. 41, No. 4, Winter, pp. 39-21 (In Persian).
    9. Ghiasvand, Ahmad (2016). "Citizenship Typology in Iran, Its Opportunities and Threats", Allameh Tabatabai University Social Sciences Quarterly, No. 68. pp. 150-118 (In Persian).
    10. Habibi, Seyed Mohsen & Amiri, Maryam (2016), "Right to the city; The existing city and the desired city of what is and what should be", Anthropological Research of Iran, pp. 9-30 (In Persian).
    11. Hekmatnia, Mahmoud (2015), "Basic rules in law and methodology of their realization and development", Islamic law, pp. 1-31 (In Persian).
    12. Khazaei, Ahmad Reza & Moradkhani, Ahmad, "Backgrounds of Citizenship Rights in the Qur'an", Research Journal of the Qur'an and Hadith, (2015). pp. 67-97 (In Persian).
    13. Kazemi, Mojtaba & Mazaheri, Abu Dharr (2015), "Requirements for the formation of a civilized identity on the Mahdavi horizon", The Promised East Scientific Quarterly, No. 39. pp. 41-66 (In Persian).
    14. Keshtkar, Mehran & Hatami, Hamidreza (2016), "Conceptual model of organized popular participation to achieve the strength of the internal structure of system power", Quarterly Journal of Strategic Studies of the Basij, 18th year, No. 69 (In Persian).
    15. Nabi Meybodi, Massoud (2009), "Explaining the Theoretical Framework for Developing National Building Regulations", PhD Thesis, Faculty of Architecture and Urban Planning, Shahid Beheshti University (In Persian).
    16. Praise, Homa & Intellectual, Message (2016), "Right to the city from thought to action", Haft Shahr magazine, pp. 73-58 (In Persian).
    17. Rostami, Soraya. "Citizenship Rights and Legitimate Freedoms", Journal of Islamic Jurisprudence and Fundamentals of Law, 2013 No. 1, pp. 141-162 (In Persian).
    18. Rafiyan, Mojtaba & Alvandipour, Nina (2016), "Conceptualization of the idea of the right to the city; In Search of a Conceptual Model ", Iranian Journal of Sociology, pp. 4-25 (In Persian).
    19. Ramezani, Ali (2012), "The Meaning of Truth in the View of Muslim Thinkers", Legal Knowledge, First Year, Second Issue, pp. 89-111 (In Persian).
    20. Roustaei, Alireza (2011), Master Thesis: "Cultural Genocide in the Contemporary International Law System", Payame Noor University of Tehran, Supervisor: Sattar Azizi (In Persian).
    21. Solhchi, Mohammad Ali & Dargahi, Ramin (2013), "Study of the nature of solidarity law, popular or collective rights", public law, Number forty one, pp. 144-168 (In Persian).
    22. Talebi, Mohammad Hussein (2014), "Analysis of the Concept of Truth as the Subject of the Knowledge of the Philosophy of Truth", Journal of Methodology of Humanities, No. 74-75, pp.175-193 (In Persian).
    23. Tahan Nazif, Hadi; Mohammadi Ahmadabadi, Hussein & Mujtahedi, Mohammad Hussein (2015), "Ensuring Citizenship Rights by Designing a Stable Legislative Model in Iran", Islamic Human Rights Quarterly, Autumn and Winter, No. 22, pp.93 - 112 (In Persian).
    24. Tahmasebi, Maryam (2013), "Human Rights and Development", Newsletter of the Faculty of World Studies, University of Tehran, second year, spring, pp.28-32 (In Persian).

    36 Varei, Seyed Javad (2004), "Rights and Duties of Citizens and Men's Government", Qom Scientific Research Center, Secretariat of the Assembly of Experts, 2003 (In Persian).

    1. Zare, Zakaria & Malekpour, Fatemeh (2017), "Study of social factors affecting awareness of citizenship rights among citizens of Sanandaj", Quarterly Journal of Intelligence and Criminal Research, No. 44, pp. 161-180 (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 3
Autumn 2022
Autumn 2022
Pages 1565-1582

  • Receive Date 29 November 2019
  • Revise Date 13 September 2020
  • Accept Date 06 December 2020

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us