نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، دانشکدة حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 استادیار، دانشکدة حقوق، پردیس فارابی دانشگاه تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The concept of right as one of the fundamental concepts of the law, policy and ethics, has been entered into legal discourse of Iranian community. However, right is a contested concept, and any discussion of it requires theorizing. Despite offering different views about the nature of right that can be categorized under two theories named will-based theory and utility-based theory, it seems that we can recognize the claim-based theory as a comprehensive conceptual theory about right. According to this theory, right is a guaranteed individual claim that has been justified based on two elements of human dignity and moral agency. Any way can we defend the nationality as a human right?
In this article we will attempt to show from a descriptive and analytic perspective that nationality is one of the fundamental human claim rights and moreover is the precondition of all rights. The non-recognition of the nationality as right will directly lead to denial of intrinsic dignity and moral agency and therefore deprivation of humanity.
کلیدواژهها [English]