The impact of the case law of the European Court of Human Rights On how to restrict fundamental rights and freedoms in the Iranian constitution

Subject Areas : International Legal Research

mohsen marhoni ¹ , leila raisi ²

1 - PhD Student in Public Law, Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran.
2 - Associate Professor, Department of International Law, Islamic Azad University, Isfahan Branch (Khorasgan), Isfahan, Iran(Author).

Received: 2021-12-27 Accepted : 2022-02-08 Published : 2021-12-22

Keywords: democracy, European Court of Human Rights, Legality, European Convention on Human Rights, Purpose Legitimacy,

Abstract :

Background and Aim: The European Court of Human Rights can be considered as a successful experience as a judicial body of the European Convention on Human Rights, whose opinions and decisions are binding on many governments. Not only has it played an important role in promoting human rights in the member states of the Convention, but it has also played a significant role in the development of these rights in other countries. In this regard, this institution, its mission and duty to protect and guarantee human rights and freedoms based on the application of some mechanisms, including the use of the components of "legality of action", "legitimacy of purpose" and "necessity of democratic action", Pursuant to the European Convention on Human Rights.Method: Descriptive-analytical, by collecting information in a library method and documents from various sources, including the legal opinions and opinions of the European Court of Human Rights.Findings and Results: An action that interferes with the rights and freedoms of individuals should not only be read in accordance with domestic laws and regulations, but also should be in line with legitimate goals such as: national security, territorial integrity, public order, Public health, ethics and economic welfare should be considered a necessary and appropriate action in a democratic society. Therefore, it is possible to seek the feasibility and modeling of the court's procedure as a way to prevent the arbitrary actions of the authorities in restricting the rights and freedoms of individuals.