Document Type : Original Article
Highlights
An intrduction to administative human rights
Increasing government intervention in the administration of society has given rise to new theoretical areas in administrative law, and many emerging concepts in administrative law are emerging, one of which is "administrative human rights", which is expanding in many legal systems. Citizens' daily contact with the administration and their daily interaction with administrative and public officials has led to new ideas to regulate these relations based on dignity and protection of citizenship rights and human rights standards in this regard to lead to more compliance with human rights rules and standards and Respect the human personality of citizens. The main purpose of this article is to understand as much as possible the rules and principles of human rights governing the relationship between the administration and citizens, and the main issue is to express the influence of human rights in administrative law. The importance and necessity of research is rooted in the close and reciprocal relationship of government forces, especially the executive branch with citizens and the need to observe human rights and fundamental rights standards and the need to familiarize with the role and place of human rights ideas in relations between people and administrators. Analysis We are looking for an answer to the question of what is the relationship between human rights and administrative law and what is the influence of human rights in the administration? The main hypothesis of this paper is that the widespread influence and spread of human rights and its concepts in the administration has led to the emergence of the concept of administrative human rights and has opened a new field between human rights and administrative law issues.
Human rights are considered to be rights that every person enjoys as a human being and without any additional conditions, and today he / she has expanded his / her protection umbrella to such an extent that it covers all aspects of human life. Today, human rights have succeeded in navigating the relationship between people and administrators and have led to the emergence of rules that the administration is required to follow in its relationship with the people. Administrative human rights are a series of governing and current norms among people and administrators that are rooted in fundamental human rights and require the administration to respect these human rights in relation to its citizens and not to restrict them in providing public services or maintaining order. These rules have both regulatory and guarantor aspects, and regulate the scope of authority and limits of the administration in relation to citizens from the perspective of human rights and ensure the observance of these rights for citizens, which is the birthplace of the spread and influence of human rights. It is all the pillars and layers of government; Because human rights and its rules are not limited to the observance of the rulers, but also all the administrative and executive organs of a government are obliged to observe these rights, and in addition to not restricting the fundamental rights of citizens by the administration, necessary measures must be taken to enjoy these rights. Through administrative rules and instructions should also be created. Administrative human rights seek to protect individuals as much as possible against the administration and government forces. It is based on the defense of citizens' rights against public power and the administration that enforces it. Administrative human rights are the necessary executive rules governing the administration, the intellectual foundation of which is the protection of human beings. The purpose of these rules is to prevent the rule of law, both in policy-making and in the implementation phase, from violating and disregarding human rights and the freedom of citizens to govern.
Administrative human rights is a new concept in a series of human rights issues that looks at the characteristics of governance and the rules that govern it from a human rights perspective. Administrative human rights and its rules is one of the modern concepts of administrative law that has emerged with the increase of administrative functions and more complex relations between people and administration, and its importance is due to the authority it has and is derived from public power. The range of issues raised in administrative human rights can be discussed in two areas. Administrative behavior is based on the rules of human rights, and in the event of violations by the administration and violation of citizens' rights, in the position of defending and protecting their fundamental rights in the courts and administrative courts and to protect them.
Administrative human rights, in addition to demarcating the behavior of the administration and respecting the rights of citizens, the realization of the rule of law, participation and administrative democracy, and finally the observance of human rights standards in the administration. On the other hand, many of the issues discussed in good governance are rooted in human rights rules and have emerged in the administration to achieve respect for human rights, including concepts such as public accountability and the need to guarantee it to citizens, non-discrimination, non-abuse of power. Impartiality, independence, freedom and decision-making are timely. Also, other important principles governing good governance are: processing citizens' requests within a reasonable time, administrative impartiality, the right to be heard, the right to access administrative documents, the right to access the principles of the administration's decision, the right to compensation for administrative errors. , The right to use the official languages of the Union in administrative correspondence and the right to administrative guidance. The issues discussed in the Doctrine of Good Administration have many similarities with the issues of administrative human rights; But the scope of administrative human rights issues is much broader and more fundamental than good administration, because it addresses many of the fundamental rights of individuals. But in the doctrine of good administration, most of the strategies and correct executive methods are considered to respect the rights of individuals. However, the ultimate goal of both is to defend the rights of citizens against the administration and guarantee their rights, in order to respect as much as possible the dignity and high human personality.
The influence of human rights in the administration is one of the inescapable issues of modern societies that brings the concept of administrative human rights to ensure the rights of citizens in the administration. The new administrative law has gone beyond the function of regulating the relationship between the people and the administration and has risen to defend human rights against the administration and has penetrated into various generations of human rights. According to the findings of this study, there is a close relationship between human rights and administrative rights and the administration is obliged to respect the rights of citizens as much as possible from the perspective of human rights rules. The rights of the people should be balanced and in no way should it harm the fundamental rights of the people in order to organize these matters. The purpose of raising administrative human rights issues, like other aspects of human rights, is to protect citizens against public power and rulers; This is because the government can cause the most violations of the law during the implementation of the law and restrict the fundamental rights of citizens through the administration and executive organizations. Administrative human rights seek to organize and shape the behavior of the administration to bring about good governance, the result of which is respect for the dignity of human beings. Administrative human rights and ideas are useful in the administration from two perspectives; First, it helps citizens understand the standards of good administrative behavior and demand it from the administration, because if citizens' rights to the administration are not clear to them and they do not know what their rights are, they cannot demand it from the administration. Second, administrative human rights seek to regulate and expose to managers and clients the ideas and do's and don'ts of behavior in the face of citizens and clients so that government employees can use them when citizens come and in return for citizens' rights according to standards.
