Lecture by Prof Dr Anja Pistor-Hatam

Iran is among the states that voted in favour of the Universal Declaration of Human Rights (UDHR) when it was proclaimed in Paris on 10 December 1948. During the establishment of the Islamic Republic of Iran (IRI) and the drafting of its constitution (1979/80), human rights were also discussed. The outcome of this debate is reflected in two constitutional articles: one based on the principle of equality for all Muslim men and women (Art. 19), and another stipulating that equal protection under the law applies only within the framework of the Twelver Shi‘a interpretation of Islamic law, according to which different people may have different rights (Art. 20). Through the codification of Shi‘a-influenced Islamic law in the Islamic Republic, both the constitution and subsequent legal texts stand in stark contradiction to the human rights proclaimed in the UDHR and additional UN conventions.

In my lecture, I will explain how Shi‘a legal scholars of the IRI justify their own understanding of human rights and human dignity in contrast to the UDHR.