Ph.D Student of General Law at Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.
Associate Professor at Faculty of Law, Shahid Beheshti University, Iran.
Assistant Professor at Department of Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.
The research purpose is to investigate the relationship between the right-based welfare state (RBWS) and those right-wing approaches and behaviors contributing to the gradual realization of the RBWS by addressing Issues of social, economic and cultural rights (SECG) as well as civil and political rights (CPG). In such matters, the government addresses the type of individual rights according to pre-determined policies using available national resources. Without the help of independent judicial and regulatory authorities, these proceedings will not implement justice and equality for the whole community in accord with the human rights framework. Therefore, analyzing and judging the SECG of people in society with different religions and languages, while imposing a series of special restrictions by higher authorities, can prevent achieving a RBWS (even during gradual realization). In this regard, the courts can legitimize views of the poor and deprivation in their human rights discourses from a non-political perspective, even in the face of limited financial resources and uncontrollable economic developments. By adopting a workable and different approach to interpreting legal issues, the judiciary can reduce the constraints imposed by the legislature and the executive to facilitate the adjudication of poverty and injustice in line with human rights obligations, paving the way for a gradual realization of the RBWS.
International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1255 - 1270DOI: https://doij.org/10.10000/IJLMH.113068
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