نوع مقاله : مقاله پژوهشی
1 دانشجوی کارشناسی ارشد حقوق عمومی، گروه حقوق عمومی و بینالملل، دانشکدۀ حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران (نویسندۀ مسئول)
2 دانشجوی دکتری حقوق عمومی، دانشکدۀ معارف اسلامی، و حقوق، دانشگاه امام صادق (ع)
3 استادیار گروه حقوق عمومی دانشکدۀ حقوق دانشگاه تربیت مدرس
عنوان مقاله [English]
Objective: The right to social security is one of the most basic human rights, which is considered as the second generation of human rights in related documents. One of the most important and fundamental issues during the governance of an Islamic government is how to deal with new issues and find its background; in other words, among these issues, the right to social security is a human, legal and jurisprudential issue with many social and individual dimensions in the present era. The purpose of this study is to investigate the right of the people to social security in an Islamic state and the principles of human rights on the right to social security. This principle has been included in the domestic laws of countries, and the Islamic Republic of Iran has also paid attention to this important principle in its Constitution and ordinary laws.
Method: The present study is written using a descriptive-analytical method and reviewing Article 29 of the Constitution and human rights treaties.
Findings: The results of this study show that the main goal of new social welfare system, with any kind of attitude, is to prevent the spread of harm and the emergence of new cases rather than focusing on the affected groups. Therefore, this model should be able to operate at all expected levels and extend its scope of action to all members of society in terms of preventing the occurrence of injury, instead of focusing only on the affected groups.