Human rights in Iran Constitutional Law

In Iran, nation-state is aimed in an appropriate manner according to the conditions of the era, on the basis of constitutional movement. The former political structure based on fıkıh (Shi?i Islamic Law), however, hindered this period to reach an end. Therefore, the implementation of the basic human rights occurred on the basis of a religious comprehension according to Shi?i Islam understanding rather than general principles of law. In the time of Pahlavi Kingdom, the basic human rights are enlarged on the basis of laicism. In spite of this, the absolute monarchy feature of the structure of state administration preserved its dominance. In this time there were contradictions between the monarchial structure of the state and the implementation of the basic human rights. This situation led the social classes, institutions and ideologies to have a conflict with each other and gave rise to the revolution in 1979.Islamic Republic rose upon the institutions of the political structure of Pahlavi monarchy, but different from modern states, it did not take place by the mental, ideological and structural transformation of the contents of these institutions. In order to talk about the existence of the modern democracy in Iran, the democratic principles should be included in the constitution as if they were holy rules. For the real democracy in Iran, there ought to be a radical change, that will provide participation of the citizens in state administration based on the human rights and that will equally and fairly regard the superiority of law in every social class of the society. For this reason, velayet-i fakih (the leader of Muslim society) and the Shari?a (Islamic Law) state based on this principle should be removed. It is possible to handle ?how the basic human rights will be implemented in Iran? question, only when a democratic regime is presumed. Having experienced both socio-economical inequalities and kingdom monarchy and civil war situations in its near past, Iran practiced deep divisions beyond ethnical separations.