Iran Charter of Rights and Freedoms

The Iran Charter of Rights and Freedoms determines the fundamental human rights of an Iranian, while a Constitution determines the structure and political composition of the state.

This or a similar Charter of Rights and Freedoms should be put to national referendum by Iranians before a Constitution is drawn up for Iran. The authors of the Constitution shall be bound to the Articles of this Charter.

The terms “Iranian”, “Persian”, and “person” are interchangeable throughout this document.

(The Charter — Release 1.8, Aug. 2017, twenty five Articles, a proposal)

Whereas all human beings are created equal in dignity and rights, an Iranian is naturally endowed with universal human rights and freedoms as follows:

Article 1. Inviolability and Guarantee of Rights and Freedoms – The rights and freedoms contained in this Iran Charter of Rights and Freedoms and entitled by an Iranian are inviolable and inalienable, and may not be abrogated by the state whether freely elected or duly composed, except as promulgated in Article 24(g). For the state and its authorities to remain legitimate, they shall respect and enforce this Charter unconditionally and to its full extent. This Charter guarantees the rights and freedoms, as noted herein, of all citizens, residents, subjects, and minorities of Iran equally.

Article 2. Life, Liberty and Security of Person – Each Iranian has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice subject to this Charter.

Article 3. Fundamental Freedoms – Every Iranian is naturally endowed with the following inalienable fundamental freedoms:
(a) Freedom of speech;
(b) Freedom of conscience, thought, opinion, and belief;
(c) Freedom of expression, parody, communication, and mass publishing;
(d) Freedom to access information, investigate, research, teach, and of education;
(e) Freedom of the press and from censorship;
(f) Freedom to publicly criticize, disparage, or make parody of the state, government, politicians, public officials, public persons, historical figures, military and law enforcement, institutions, ideas, religion, ideology, parties, associations, communities and groups, including the freedom to disagree with or offend others;
(g) Freedom of and from association;
(h) Freedom of peaceful assembly;
(i) Freedom from religion or any other ideology;
(j) Freedom to publicly practice or instruct a minority culture, language, or mode of existence; and
(k) Freedom of private economic initiative, enterprise, and to ownership and exchange of property.

Article 4. Equality before and under Law and Equal Protection and Benefit of Law – Every person has the right to recognition everywhere as a person before the law and is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, minority status, parentage, kinship, sex, gender, age, mental or physical disability, philosophy or religion, political or other opinion, property, or other status.

Article 5. Rights Guaranteed Equally to Sexes – Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male, female, or gendered persons.

Article 6. Religious Rights –
Every person has the right to:
(a) be free of religion;
(b) belong to a religion;
(c) change one’s religion or beliefs;
(d) privately practice and observe one’s religion alone or in community with others; and
(e) children under the age of 18 may not be instructed to any religion including non-theistic religions, and may not be asked to wear or exhibit religious paraphernalia.
Religious rights are subject to and conditional on the observation of all the rights and freedoms in this Charter.

Article 7. Separation of Mosque and State –
(a) Believing that religion is a matter which lies solely between a person and their god(s), that the legitimate powers of the state concerns actions only, and not opinions – the state shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof, and the mosque or church shall not interfere in, or exercise influence on the conduct of the state – thus building a wall of separation between the institution of worship and the state;
(b) The state may not give preference or offer accommodation to any religion;
(c) Religious parties, religious assemblies and associations, charities or foundations, their officers, or members of the clergy are prohibited to participate in the political process, in political activity, or in profit making activities; and
(d) No religious precept, religious edict, or religious supervision is allowed to interfere in the affairs of the state or any of its branches, including in legislation or in adjudication.

Article 8. Right to Privacy and Quiet Pursuit of Happiness –
(a) No person shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or with his right to the quiet pursuit of happiness; and
(b) Except for public persons, historic figures, government, community and religious bodies, and institutions, no person shall be subject to attacks upon his honour and reputation, and a private person has the right to the protection of the law against such interference or attacks.

Article 9. Mobility Rights – Every person has the right to enter, remain, exit, and is free to move or reside within the borders of his or her state.

Article 10. Rights to Nutrition, Health, Housing and Social Security – Each person has the right to free and adequate nutritional intake, health and medical care, minimum but adequate housing allowance, clothing, disability assistance, old age assistance, and social security to an adequate standard of living. Each person has the right to an individual guaranteed minimum income, irrespective of employment status or the desire to participate in the work force. Minors shall receive a fraction of said income.

Article 11. Property, Market, and Competitive Rights –
(a) A person has the right to freely and privately own property, produce property, buy, sell, or exchange property in a free and open market, consume or dispose of property, including capital property and the means of production, competitively and without the creation of a monopoly, individually as well as in association with others;
(b) No person shall be arbitrarily or unreasonably deprived of his or her property, or of income from the property, nor shall private property be taken for public use without just compensation;
(c) No person shall be arbitrarily or unreasonably deprived from freely buying, selling or exchanging property, or otherwise participating or making a market for the property;
(d) A person has the right to compete with others including the state, and no person shall be arbitrarily or unreasonably deprived from competition in the production, import, or export of goods, utilities, services, and information;
(e) The state may democratically impose a reasonable limit on the net wealth or assets of a person, or the assets of a private corporation, through progressive taxation as may be necessary to hold said assets to a strict upper bound;
(f) The state may democratically impose a reasonable limit on the market share held by a private corporation in a market for the trading of a good or service, with the intention to encourage competition and discourage the monopolization of the market;
(g) Private corporations engaged in trading goods or services in a market, if in possession of 20% or more of the market share, shall be subject to the same limitations as that of the state in this Charter, excepting Article 14(a); and
(h) Private corporations and entities receiving public funds or grants from state organs are considered state agencies and are subject to the same limitations as that of the state in this Charter, excepting Article 14(a).

Article 12. Labour, Rights to Work and Rest –
(a) A person is the rightful owner of the fruits of his or her own labour, or alternately in lieu of the labour, to just and freely agreed compensation commensurate to market rates.
(b) A person has the right to work, to free choice of employment, to just, safe, and favourable conditions of work and to reasonable protection against unemployment;
(c) A person who works has the right to just and favourable remuneration commensurate to the market, has the right to equal pay for equal work, and without any discrimination; and
(d) A person has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 13. Right to Education –
(a) A person has the right to twelve years of free primary and secondary education;
(b) A person has the right to two years of free merit-based trades college;
(c) Education shall be universally secular and may not be faith or ideology based;
(d) The state may not engage in faith or ideology based education or the funding of such education;
(e) Faith based instruction may not be state funded, and may not subtract from a complete curriculum of secular education, and may not admit children less than 16 years of age;
(f) Neither public nor private educational schools, universities, or organizations may limit the rights and freedoms of students or faculty as expressed in this Charter; and
(g) Education, except for faith based instruction, shall be fact centric, and where applicable, based on the empirical, logical, and rigorous scientific method.

Article 14. Separation of Production and State –
(a) The state may not engage in economic activity, unless of a research and development nature open to all persons, or that it may be proven beyond doubt that the activity is necessary, is cost effective, and no person or persons are willing or capable of engaging in same;
(b) The state may not favor any particular person or enterprise, including state enterprises if any, in its laws, regulations, policies, or decisions;
(c) The state may not arbitrarily or unreasonably interfere or compete with a person in the production, import, or export of goods, utilities, services, and information;
(d) Any such engagement, interference, or competition by the state shall be kept to the absolute minimum necessary, will be subject to periodic reviews, and in case it is referred to arbitration by a person for being unfair or against this Charter the burden of proof shall be on the state and not the person, and the person shall receive the benefit of the doubt;
(e) A person may contribute annually a total amount of not more than 5% of the GNP per capita towards political activities that determine the government or its policies such as electoral campaigns. Any unused exemption shall carry forward for a maximum of six years at half the amount; and
(f) Only a person may contribute to political activity that determine the government or its policies.

Article 15. Universal Secularism – The state shall abide by the principles of secularism, may not engage in religious or ideological activities, and may institute limitations on the public expression and proselytization of a religious or ideological nature. All adjudication shall be fact centric, and based on the empirical, logical, and rigorous scientific method.

Article 16. Self-Determination and Democratic Rights –
(a) The will of the people shall be the basis of the authority of the state and its government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures, after a reasonable period of free, open, and unfettered campaigning; no public or religious funds may be used to influence the outcome of a plebiscite;
(b) A person has the right to take part in the government of Iran, directly or through freely chosen representatives;
(c) No person may remain in the same elected office for more than two terms;
(d) A person has the right of equal access to public service in Iran;
(e) Religious entities or members of the clergy may not participate or influence in any manner a campaign or a plebiscite;
(f) Members of the clergy may not run for public office and may not hold a position in the judiciary or any branch of the government;
(g) Elected representatives or government officials may not enact a law, or promulgate a regulation, policy, or directive which may target a religion or which may have a religious basis;
(h) Minority rights are to be upheld and are not subject to arbitrary or unreasonable majoritarian suffrage; and
(i) Any sizable region with well defined geographic boundaries, whether ethnically homogeneous or not, has the right subject to this Charter to declare limited political autonomy in a plebiscite with the consent of 62.5% majority of the inhabitants. Said region will then enter into confederation with other regions in the confederation of Iran. The Articles of this Charter shall apply to all confederated regions.

Article 17. Detention or Imprisonment – A person has the right not to be arbitrarily searched, detained, imprisoned, or exiled.

Article 18. Arrest or Detention – A person has the right on arrest or detention
(a) to be informed promptly of the reasons thereof;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Article 19. Proceedings in Criminal and Penal Matters – Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried publicly within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under national or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Article 20. Treatment or Punishment – A person has the right not to be subjected to torture or any cruel, inhuman, degrading or unusual treatment or punishment.

Article 21. Self-Incrimination – A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Article 22. Enforcement of Guaranteed Right and Freedoms / Exclusion of evidence bringing administration of justice into disrepute –
(a) Any person whose rights or freedoms, as guaranteed by this Charter, has been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances;
(b) Where, in proceedings under subsection (a), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Article 23. Binding Law –
The Constitution, Statutes, Acts, and Laws of the state are bounded by the Articles of this Charter as directly applicable law. The Articles of this Charter take precedence over the Constitution as may be drafted by a competent and representative assembly, and take precedence over Statutes, Acts, and Laws as may be enacted by Parliament or a legal body. In case of conflict between this Charter and any other document including state documents or documents based on religion, the Articles of this Charter shall govern.

Article 24. Limitation of Rights and Freedoms –
(a) Nothing in this Charter may be interpreted as implying for any state, group, community or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein;
(b) The rights and freedoms herein apply to a person, and this Charter may not be interpreted as bestowing said rights and freedoms to a state, group, community, or society;
(c) In the exercise of his or her rights and freedoms, a person shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of other persons;
(d) Expression of generalized hatred or vilification, leading to imminent violence or practical discrimination, against a person or a group of persons identified by race, national or ethnic origin, colour, parentage, kinship, sex, gender, age, mental or physical disability, philosophy or religion, political or other opinion, property, or other status, may be regulated by law; but there may be no regulation against expression that targets ideas, beliefs, culture, religion, philosophies or ideologies, facts or theories, the state, government, community or religious bodies and institutions, public persons, or historical figures;
(e) Lawful limitation to protect underage persons;
(f) Actions by the state or any of its organs or organized agencies, group, community, or a person targeted towards the termination or limitation of rights, freedoms, or the democratic rights of others enshrined in this Charter are themselves not subject to protection by this Charter;
(g) Actions by a person, group, or community targeted towards the termination or limitation of rights, freedoms, or the democratic rights of others enshrined in this Charter, if confirmed by a court of competent jurisdiction, may result in the deprivation of said rights from the subjects of such actions; and
(h) Actions by a person, group, or community targeted towards the termination or limitation of rights, freedoms, or the democratic rights of others enshrined in this Charter, if confirmed by a court of competent jurisdiction, may result in the withdrawal of the right to citizenship from the subjects of such actions.

Article 25. Immutability, and Right to Resist –
(a) Articles 1 through 25 are immutable;
(b) No Article of this Charter may be suspended under any condition.
(c) Other Articles may be included in this Charter with the consent of 75% or more of persons subject to this Charter, and only after a period of 9 months of public, open, free and fair debate on the proposed amendment, said amendment having received the signatures of 5% of the population in a petition;
(d) Articles added to this Charter pursuant to Section (c) may not contradict or annul Articles 1 though 25, and if in conflict then Articles 1 through 25 shall prevail.
(e) Each person entitled to the rights and freedoms of this Charter has the right to resist any attempt that may deprive the person of said rights and freedoms; and
(f) Should any person’s rights be violated by public authority, the person shall have recourse to the courts.

End of Charter

This Charter was produced by the amalgamation of the following five documents:
. UN Universal Declaration of Human Rights
. Basic Rights for the Federal Republic of Germany (https://www.btg-bestellservice.de/pdf/80201000.pdf)
. Canadian Charter of Rights and Freedoms
. US Bill of Rights
. European Convention on Human Rights