By: Akam Rasouli
The rights of the people, is a fundamental laws of the countries which placed in political sector in constitution of countries.
Rights of people in the constitution of the Islamic Republic of Iran.
The Islamic Republic of Iran is based on the principles of Islam and Shia religion, and the constitution of this country is written in the framework of these principles. While the country is multi-religious, the rights of other minorities in this country must be understood.
The Constitution of the Islamic Republic of Iran does not cover all the rights and wishes of the people and minorities, their rights are invisible in the social life, and most of the principles and clauses of this (constitution) are in conflict with the rights and interests of the people.
In the Iranian constitution, very little attention has been paid to the rights of the people, on the other hand, Islamic law has been emphasized and the Islamic Republic has interpreted the social rights of the people with an Islamist view that has a clear contradiction with the principles and universal principles of human rights.
Today, the Iranian Islamic Republic is one of the most known countries in the world, which is at the top of human rights abuses, one of the main reasons for its constitutional contradiction with the rights of the people.
The following are examples of what was said
Article 19:Equality of Nationalities
Iranian people of all races and ethnicities are equal; colour, race, and language do not give rise to privileges.
Now, first of all, depriving non-Persian people of reading in their mother tongue in the education process is a clear example of the fact that the constitution has imposed on non-Persians who are more than half the population of this country.
This deprivation has been more and more systematic in Kurdistan, and it is even forbidden for teachers to speak Kurdish in most schools in Iranian Kurdish cities. The unemployment rate is over fifty percent, Kurdistan is socially undeveloped due to economic and industrial backwardness and a very low level of public service. Farsi speaking areas and the rights of them are not the same as Kurdistan.
Principles 20 and 21: gender equality
These two principles discuss the equal protection of men and women, and state that all have human, social, political, economic rights, and that the government is obliged to protect all women’s rights on the basis of Islamic principles.
It is clear that women are the main victims of human rights abuses in Iran.
The laws of the Islamic Republic of Iran all have a patriarchal character, in the Islamic Republic’s view, the best place for women is “kitchen”.
Although women in Iran have attempted to participate in higher education and social activities to earn their rights, in many areas their presence has been prevented.
Women are deprived of the right to divorce, inheritance, child custody and abortion.
The women themselves say that the Islamic Republic is the most violent political system against women’s liberation.
Principle 23 – Right to freedom of opinion.
Inquisition is forbidden. (You should not be detained for your personal opinion.)
The lack of respect for people’s thinking and beliefs in this principle is manifested when the people of Kurdistan are systematically repressed because of their different religious and political thinking with the government.
Javid Rahman, the United Nations High Commissioner for Human Rights in Iran, said in his latest report that half of Iran’s political prisoners are Kurdish prisoners of different faith.
Violations of the Sunnis’ rights in Iran and their marginalization, as well as disrespect for the Baha’is, Christians and the suppression of the Yarsan Kurds are a few examples which demonstrating the constitutional contradiction and criminality imposed on the people.
In the Islamic Republic, not only freedom of opinion is not respected, but also any different political opponents announced as “action against national security” as propaganda against the Islamic system and disruption of public order. As a result, it is considered “mohareb” which impose to death sentence.
Principle 27:Right to assembly and demonstration
Organizing non-weapon demonstrations is free if it does not harm the foundations of Islam.
It is clear that, contrary to this clause of the Constitution, no demonstrations or gatherings are permitted to anybody or group.
Therefore, most protest meetings are met with Islamic Republic’s weapons, armed groups and repression.
Preventing demonstrations or suppressing demonstrations and protests in Kurdistan is greater than in other parts of Iran.
Article 30: Right to education.
The government has a duty to provide all the free education supplies by the end of high school (diploma)
Under the law, the government is in charge of providing all the education materials, books, and facilities for schools and high schools and universities, but the education budget is actually a small part of the country’s annual budget.
In Iran, most of the education costs are borne by the families, and this puts a heavy burden on poor families, including the Kurdish people.
Most schools are built not by the government but by charities.
Most schools require renovation, and the Islamic Republic does not do anything about it.
In Kurdistan, there is a shortage of thousands of classrooms for education. Must schools do not have sufficient standard.
For the cost of educating children, their families are forced to pay, that is why many students stay away from education.
Article 38:Torture prohibited.
Torture is prohibited for obtaining information and coercion. It is not permissible to force individuals to testify and swear, and such testimony and confession and swear are of no value.
The law on paper is very nice, but only for someone who does not know what is going on in the prisons of the Islamic Republic.
From the beginning, the Islamic Republic’s rule began to torture, in particular the forced confession of political prisoners became part of the Iranian judicial system.
In the revolutionary courts, where judge, prosecutor, and torturer is one, millions have been tortured and tens of thousands executed.
In Kurdistan due to the revolutionary conditions and the struggle of people, this phenomenon is more prevalent.
The number of detainees, victims of political prisoners under torture and the poor quality of the courts, and the imposition of lengthy sentences based on forced confessions, are higher than all other regions of Iran.
In the end, if our criterion for the rights of the Kurds is based on the Universal Declaration of Human Rights, which is 70 years old; unfortunately many of those rights have not been achieved in the Iranian constitution under the rule of the Islamic Republic.
The denial of any political and national rights, the arrest of political and civil activists, suppressing social movements and preventing mother tongue education in schools, denying the Kurds access to their regional administration and marginalizing them, preventing development and degradation, destroying Kurdistan’s natural resources and many more, all represents the systematic repression of the people in Iran and Kurdistan.
In general, it is clear that the Islamic regime is undemocratic, repressive and dictatorial, but in Kurdistan the rights of the people in all areas are violated more than in other areas.