State Civil Liability for Violations of Public Rights with an Emphasis on the Administrative Justice Court's Approach

Abstract

Public rights reflect the general demands and needs of members of society, encompassing various domains such as social rights, economic rights, political rights, environmental rights, and cultural rights. The present study, conducted using a descriptive-analytical method and library-based tools, seeks to explain the approach of the Administrative Justice Court regarding the state's civil liability in cases of violations against public rights. The findings of this study indicate that within the Iranian legal system, Article 1 of the Civil Liability Act enacted in 1960, along with the Citizens’ Rights Protection Act of 2004 and the Administrative Violations Act of 1993, together constitute the legal framework governing state liability. Recent judicial practices—especially rulings of the General Board of the Administrative Justice Court, such as Ruling No. 140331390000383671 dated May 7, 2024—have increasingly leaned toward the recognition of the state's strict liability, exemplified by judgments acknowledging the impact of salary adjustments for government employees on other compensation components. Mechanisms for state compensation include monetary reparation, as stipulated in Article 11 of the Civil Liability Act, restoration to the previous status through the reinstatement of violated rights, and provision of compensatory public services by government entities to the injured parties. This study reveals that the Iranian legal system, through the integration of Islamic jurisprudential foundations and principles of public law, has established a relatively comprehensive framework for the protection of public rights and compensation for state-inflicted harm. Nonetheless, there remains a persistent need to strengthen enforcement and oversight mechanisms.