Iranians' Economic Rights Violation by the US Sanctions in the light of ICESCR

Document Type : Original Article

Authors

1 Division of Law, Faculty of Law and Political Science, Yazd University

2 Assistant Professor, Faculty of Law and Political Science, Yazd University, Yazd, Iran

Abstract

In most target countries unilateral sanctions act as obstacles that deprive nationals of human rights, particularly economic rights. This descriptive-analytical study to assess the legitimacy of US sanctions from a human rights perspective, especially in relation to ICESCR, seeks to answer the following question: On what basis can the US government be committed to respecting the human rights of Iranians in imposing unilateral sanctions? It is necessary to prove the existence of such an obligation since a State is considered internationally responsible if it violates a proven obligation. As it assumes that all states have the commitment to cooperate for the fulfillment of human rights for all human beings, the findings of this study according to CESCR comments, show that obligations that are related to economic human rights including the obligation to respect and cooperate can be considered extraterritorial, as well. Regarding Iranians residing in America, the US government must respect and uphold these economic human rights in its territory and regarding the Iranians who are within a third country, a blend of (Extra)territorial obligations are raised for America and the countries in which Iranians reside.

Keywords

Main Subjects

Article Title [Persian]

Iranians' Economic Rights Violation by the US Sanctions in the light of ICESCR

Authors [Persian]

  • علی اکبر جعفری ندوشن 1
  • امیر مقامی 2
1
2 استادیار دانشکده حقوق و علوم سیاسی دانشگاه یزد، یزد، ایران
Abstract [Persian]

In most target countries unilateral sanctions act as obstacles that deprive nationals of human rights, particularly economic rights. This descriptive-analytical study to assess the legitimacy of US sanctions from a human rights perspective, especially in relation to ICESCR, seeks to answer the following question: On what basis can the US government be committed to respecting the human rights of Iranians in imposing unilateral sanctions? It is necessary to prove the existence of such an obligation since a State is considered internationally responsible if it violates a proven obligation. As it assumes that all states have the commitment to cooperate for the fulfillment of human rights for all human beings, the findings of this study according to CESCR comments, show that obligations that are related to economic human rights including the obligation to respect and cooperate can be considered extraterritorial, as well. Regarding Iranians residing in America, the US government must respect and uphold these economic human rights in its territory and regarding the Iranians who are within a third country, a blend of (Extra)territorial obligations are raised for America and the countries in which Iranians reside.

Keywords [Persian]

  • Sanctions
  • Human Rights
  • Committee on Economic
  • Social and Cultural Rights (CESCR)
  • International Covenant on Economic
  • Social and Cultural Rights (ICESCR)
  • Extraterritorial Obligations

References

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History

  • Receive Date: 02 December 2022
  • Accept Date: 02 December 2022

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