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Showing 5 results for Human Dignity


Volume 11, Issue 4 (12-2007)
Abstract

The Constitution of the Islamic Republic of Iran suffers from a Paradox and a Contradiction crisis in relation to Human Dignity. This contradiction, real and fixed, has two internal and external aspects. Namely, the various principles of the Constitution (including the principles 2, 3, 4, 12, 13, 14, 20, 21, 115, 163) are not only inconsistent with each other but also with the International law of Human Dignity and International Human Right's law. The form of this inconsistency is "Contradictory" or "Contrary". Because the constitution recognizing the inherent dignity of man has laid down provisions witch are completely contrary to it's requirements and necessities. The main roots of this crisis must be searched in the opposite approaches are there among the philosophers and scholars about the dignity of man. Already, many solutions such as "Resorting to the Rules of Absolute, and Stipulated, General and Special". "Priority of the constitution to the other rules", "Jurisprudence of Expediency or Expediency of Government (Figh- al Maslaha)", "Necessity or Distress", have been proposed to resolve this paradox. But, in my opinion, none of these mechanisms can resolve this problem, permanently. In order to resolve this paradox, we must, inevitably, accept and recognize the inherent dignity of man as a natural, human and religious fact, by reviewing the epistemological, philosophical and anthropological foundations and principles (Ijtehad kalan).To put an end to this crisis, it is necessary, to review that principles of the constitution and other provisions is contradictory to the inherent dignity of man. By making such an effort we can establish social economical, political and criminal justice. Of course, considering the difference is there between the two groups of human rights, namely "Civil and Political rights" and "Economic, Social and Cultural rights", to differentiate between human beings in the latter one won't be contradictory won't be contradictory to human dignity. Because, as Plato and Aristotle have said, Justice is in proportionality nor in equality in this kind of rights.

Volume 13, Issue 4 (12-2009)
Abstract

Today, fighting human trafficking has become the first priority in many countries. The breach of human dignity by traffickers and its relation with other organized crimes such as money laundering are among the main factors in fighting this crime world wide. Iran, like many other countries, suffers from this crime. In 2005, Iran’s Parliament passed the Human Trafficking Fighting Act based on the reports of trafficking Iranian women and children to the neighboring countries and as result of international developments, which included the Protocol to Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations’ convention against Transitional Organized Crimes. This Act solved the related problems to some extent, but due to haste in passing it, many topics on the crime remained missed out. This article attempts to assess and analyze the mentioned Act and point out its defects.
Mohammad Jhafar Habibzadeh,
Volume 19, Issue 2 (4-2012)
Abstract

Disproportionate punishments are those punishments passed or enforced without considering the criteria of proportionality, namely the criteria of harm done, the absolute or relative seriousness of crimes, the kind of committed crime and offender characteristics, the degree and kind of victim’s culpability. Considering the penological aims, such as retribution, deterrence and securing social defense, as a part of proportionality test, in the process of determining, distinguishing and enforcing proportionate punishments, is contrary to the rationale and philosophy of proportionality principle. In fact, this approach eviscerates this principle and leaves only an empty shell. The main cause of the prohibition of disproportionate punishments in the international, regional, national human rights' documents is the proscription of using human beings as a means to an end (instrumentalism), aiming at the heart of human dignity. In the Iranian legal system, there are no clear rules and regulations about the prohibition of these kinds of punishments and the determined punishments in many penal codes, such as the Islamic penal code (1991, 1996), the Penal Code of Armed Forces Crimes (2003), the Act against Narcotics (1997) and the Punishment aggravating Act of Bribery, Embezzlement and Fraud (1988) are not compatible with the standards of proportionality, especially with the absolute and relative seriousness of offences, offender characteristics and victim’s culpability. This article tries to explore the principal criteria of proportionality between crime and punishment, the concept of disproportionate punishments and the philosophical foundations of the prohibition of such punishments and their contradiction with human dignity.

Volume 27, Issue 2 (7-2020)
Abstract

The present research intends to offer a paradigm for the human dignity and the work life of teachers of physical education. The study is survey-based, with an objective of reaching an applied – developmental research. The statistical population is teachers of physical education from all around the country who were serving 2017. Considering Cochran Formula, 370 persons were selected as specimens and distributed using randomized cluster sampling, in 5 groups based on their province of residence which could be from 1-northern, 2-southern, 3-eastern, 4-western or 5-central provinces. The tools used for gathering data were the human dignity self-made questionnaire along with Walton’s quality of work life (QWL) questionnaire. To answer the research’s questions, hypotheses and data analyses, following software packages were used: LISREL for exploratory factor analysis, confirmatory factor analysis and modeling SPSS for descriptive statistics, t- statistical models for single group and two independent groups, Lea hey Method and variance analysis.
The research’s finding showed that the human dignity of the teachers of physical education was higher than the average level but their quality of work life was lower than the average level. The results of the ranking of human dignity dimensions showed that physical, behavioral, functional and mental dimensions had the most impact on the quality of work life, respectively
These two variables have a mutual relation and can affect each other. So the research’s pattern is confirmed.

Volume 28, Issue 3 (11-2024)
Abstract

The criminalization of defamation (Libel) in order to protecting human dignity has raised the challenge of its conflict with the right to freedom of expression. Establishing a fair balance between the right to freedom of expression and the dignity of citizens requires the adoption of reasonable legal strategy. The purpose of this article is to evaluate the conflict or non-conflict of criminal defamation and freedom of expression with a descriptive-analytical approach in the Egypt's legal system. According to the results of the research, the Egypt's legal system, by criminalizing personal defamation on the one hand and decriminalizing public defamation on the other hand, and on the condition of correcting some of its shortcomings, lead to compatibility between criminal defamation and the right to freedom. In this way, while supporting human dignity, it avoid unnecessary limitation of the principle of freedom of speech, especially by those in power.
 

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