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Showing 19 results for Human Rights


Volume 6, Issue 3 (10-2014)
Abstract

“Globalisation” is one of the most influential philosophical thoughts with direct effects on the economic, political and cultural entities of countries in the modern era. Most scholars relate the emergence of this phenomenon to the period after Renascence. However, with little contemplation, one could trace the roots and origins of philosophical thoughts and mythical concepts – of course not in their present form – to ancient civilisations. Doubtless, Sasanian empire (224-651 CE),  with 427 years of glory in the world,s  political arena, can be considered as one of the greatest and most powerful cultural foregrounds of ancient era that was managed by the direct instructions of Zoroastrian philosophers. The founder of this empire (ArdašīrPāpakān: 224-241 CE), in response to the question that why have you risen against your reigning king (Ardavan V Ashkani), clamed: “To make a world with a single-God”. Now, the question is. Can “Ardašīr’s efforts in establishment of a world under governance of a single God” be counted as the first efforts toward unification of the world and the initial steps in globalisation? – efforts that were accompanied by practices and widespread endeavours. The principal hypothesis is that the thoughts of globalisation were nurtured in the thoughts of Zoroastrians’ eminent Mōbads and practiced by the founder of Sasanians Empire. The main aim of the present research is to investigate the first veinsofglobalisation notions and the associated practical measures of Sasanian kings. In doing so, all of the Sasanian historical and archaeological evidences that certify the research hypothesis are envisaged and discussed in the context of globalisation and cosmopolitanism thoughts. The cosmopolitanism idea, with roots in the ancient world, is also used to associate the today’s globalisation concepts with the ancient ones. These concepts together with archaeological and historical evidences are clear indications that globalisation and cosmopolitanism thoughts have been introduced 1800 years ago in Iran; and indeed practiced on the relevant scale by Sasanians.  

Volume 7, Issue 1 (4-2003)
Abstract

Fariborz Emaniyan Ph.D. Student Privat of law Tarbiat modarres University Abdollah shams Assosiat Professor department of Law, Shaid Beheshti University Mohammad Issaei Tafreshi Assistant Professor department of Law, Tarbiat Modarres University The article 959 of civil act of Iran ordains: no one can absolutely devest the right of enjoyment or implementation of the whole or part of civil rights of him/her self Iranian writers of civil law have interpreted the above article in several ways. The difference in opinion, in interpreting the above article among several writers of civil Law is due to the various concepts of "civil rights" prevalent in legal literaturs. Civil rights in its subjective meaning can imply to two categories of individual rights: 1- Relative civil rights means rights and privilages, resulting from governing law over a specific legal situation. 2- Absolute civil rights, means rights and general freedom in relation to human reputation and all human beings solely for being possess it directly, absoluly, human, and without noticeing to another specific legal situation. In current legal literature, this category of rights is also called human being Civil rights. This text tries to show that the term of civil rights (Hooghoogh-emadani) in the above mentioned article and also in the articles 957, 958 and 961 of civil act is used in the meaning of absolute civil rights. Therefore the Iran legislator by emphasising on the human enjoyment of the rights mentioned in the articles 957, 958, 959, 960, and 961 of civil law has announced his support of these rights which are in the domain of Iran private law and with emphasis on the undevestibility of the human rights and freedom whether in general or in particular and though with the person's consent agreement.

Volume 7, Issue 4 (1-2004)
Abstract

Nasrin Mosaffa Assosiant Professor, Faculty of Law and Political, Science University of Tehran, P.O. Box 14155-6448 Since the adoption of U.N. charter in 1945 and later Universal Declaration of Human Rights in 1948, U.N. organization continuously compiled a set of international human Rights instruments. With Universal acceptance, discussion around the human Rights norms in 1945 changed to legal obligations of states in international community. Although it is believed that the first and most important way for implement action of international Human Rights instruments is national support of them, in all over the world it is emphasized on the necessity of strengthening U.N. Human Rights mechanism for better and effective support of rights. U.N. mechanism are two parts: charter based and treaty based organs which their effectiveness relates to different factors. Structure, U.N. overall capacity and political interest are among them. Main purpose of this paper is to consider the two set of mechanism with special attention to U.N. Human Rights Commission and 6 treaty bodies, and also to evaluate their effectiveness and challenge.

Volume 9, Issue 20 (5-2005)
Abstract

Abstract The purpose of this article is to give a comprehensive and clear presentation of the international human rights framework relevant to the right to a fair trial. This article also has focused on the right to a defence and the rights of the defence in international human rights law. The legal sources referred to in this article are the major international legal instruments dealing with the right to a fair trial. In order to find examples and more detailed explanations, it also refers to the case-law developed by some of the international bodies in charge of looking at complaints from individuals, i.e. mostly the United Nations’ Human Rights Committee, in charge of applying the International Covenant on Civil and Political Rights (ICCPR) from 1966 and the European Court of Human Rights, which is the most relevant international human rights mechanism for more than forty European countries. Some of the international standards that the article refers to are actually legally binding for the countries which are parties to them; that is the case of the ICCPR. Others are belonging to the category of soft law, as for example the basic principles on the role of lawyers established by the United Nations, which are not as such legally binding, but participate in creating a larger legal framework1 . It is this framework which is presented in this article in order to understand the coherence of the safeguards that have been put in place concerning criminal proceedings. It is important to point out at the fact that the right to a fair trial has both overall implications and very concrete and detailed implications. As to the overall implications, the right to a fair trial hangs over all other human rights and it can be advocated that all human rights comprise procedural rights as an inherent part of their effective protection. The very concrete, detailed implications concern among others more technical arrangements of proceedings before domestic courts. The article begins with some short introductory remarks on the right to a fair trial (I), then it envisages the right to a defence (II) and the rights of the defence or defence rights (III). It shall be underlined that this article only deals with criminal proceedings. As a matter of fact the relevant provision of the ICCPR focuses on criminal charges and proceedings; in an European context, Article 6 of the European Convention on Human Rights (ECHR) relates in the first place to proceedings concerning the determination of “civil rights and obligations”. However, most of its provision concerns, as in Article 14 of the ICCPR, criminal charges.
Elham Aminzadeh,
Volume 15, Issue 2 (5-2008)
Abstract

The protection of fundamental human rights at the time of war or peace is an obligation that should be observed at anytime by the states and international organizations. After the Second World War, the non-peaceful situations such as occupation and economic sanctions have occurred numerously, which in some cases lasted for more than a decade. Unfortunately, the laws governing these situations are not implemented properly, and therefore fundamental human rights of people, especially their life, integrity and security, have been violated. This article aims at considering legal rules and their effectiveness in protecting fundamental human rights at the times of occupation and economic sanctions. This study is based primarily on the conventional and customary international legal rules.
Siamak Rahpeik,
Volume 16, Issue 2 (5-2009)
Abstract

The inhuman acts of Israel in the Gaza Strip (2008-9) have seriously violated the international humanitarian law.International documents such as the Geneva Convention (IV) and Additional Protocol to the Geneva Conventions (II) relating to protecting civilians during armed conflicts have clearly indicated violation of humanitarian law during Israeli’s deadly offensive at the turn of the year. Under these laws and other documents such as Convention on the Rights of the Child, the crimes and violence against Gaza’s children created a particular form of inhuman acts. Also, in accordance with the statute of International Criminal Court, the Israeli onslaught can be called as war crimes and genocide. Considering the violation of fundamental human rights of Gazans in all circumstances, the prosecution of persons who committed the crimes are possible regardless of their nationality or ratification of treaties and conventions.

Volume 16, Issue 2 (8-2012)
Abstract

       Strengthening, improvement and implementation of human rights are of most important areas in which the non-governmental organizations (NGOs) play a major role at the national, regional and international levels. The NGOs activities in the field of human rights, is backed by public and state institutes. Monitoring implementation of human rights standards at national, regional and international levels to a great extent depends on the NGOs measures and activities. In this process the international human rights regime operates mainly through an organized transnational network, in which public and private sectors join together and in which protection of human rights is considered as a global public policy. The global public policy-making for human rights in this sense is emerged from interconnectedness between the governmental organs, international organizations and civil society, where none of them is able to work separately to achieve its objectives. Moreover, the NGOs also play a complementary supervisory and executive role for other partners in the network in that without their presence the global human rights regime would lack the characteristic features of a comprehensive system. The historical development of NGOs contribution to human rights and the basic reasons for their participation result from the requirements of new international order and of the necessities as well as importance of human rights issues. Also, the social necessities in international community constitute the normative sources for the NGOs' participation in policy-making, standardization and monitoring role in the field of human rights.      
  * Corresponding Author’s E-mail: sharifshahi@yahoo.com

Volume 16, Issue 4 (12-2012)
Abstract

            Following the September 11, 2001 event, Gorge W. Bush announced the “War on Terror”. Initially, it was not so clear that what Bush meant. Previously, the term “war” was regarded to a conflict between two states, whereas in “War on Terror”, one side of the conflict is not a state, but a non-governmental organization or non-governmental entities. So, after attacking on Afghanistan and Iraq, establishing of Guantanamo Detention Center, and launching of Targeted killing of Al-Qaeda’s members, gradually it become clear that what Bush meant. Governing of the International Humanitarian Law (Law of War) in conflict with terror, including detention of Al-Qaeda’s members out of supervision of international legal institutions, recalling preemptive self-defense in attacking to Afghanistan and Iraq, and finally, Targeted Killing, was among the reasons for calling “War” on the conflict with terrorist organizations. Scholars and experts of International Terrorism belive terror is a phenomenon of criminal, not as an armed conflict under the Law of War. In this article, beside deliberating the different of extra-territorial targeted killing of Al-Qaeda’s members, it is reviewed from the viewpoint of the international law, governing to conflict with terror, whether Human Law or International Humanitarian Law. Finally, the legitimacy or lack of legitimacy of targeted killing with drone fighters from the international Law prospect would be declared.    .    
 

Volume 17, Issue 3 (12-2013)
Abstract

        Today, the majority of states try to justify their sever action-reaction against organized crimes even in preventing of commission of these crimes, alleging that such crimes would threaten the public order and national security. The question may arise is whether prevention of such crimes at any cost is justified? Accepting the great danger of organized crimes in the international community, it is worth to note that there are some fundamental rules to protect the human rights and dignity of mankind known as jus cogens, and strict their powers and margin of action in resorting to violent methods for fighting against organized crimes.                    
      

Volume 18, Issue 4 (12-2014)
Abstract

Abstract:    The implementation of justice in a reasonable time is a fundamental principle of penal procedure. It is necessary to note that it is reasonableness can be considered as an important criterion in the fairness of the proceedings. The concept of reasonableness of trial time is that dealing with the case can be done within the reasonable period of time and by this way, justice can be satisfied. But determining what period of time, it is fair and reasonable, is not easy. In this paper, three criteria (objective) and subjective (personal) and mixed (intermediate) as a benchmark to determine the reasonableness of the trial period were analyzed. It means that hearing the deadline is set by the legislator's emphasis on objective criteria. The subjective criteria is proportionate to the circumstances of each case that determines a reasonable deadline set according to the case, and can vary from case to case. Finally, the complex criterion makes benefit of both of the above mentioned factors. The mentioned principle has been considered in the statute of the International Criminal Court and the European Convention on Human Rights as a right, especially to plaintiff, and as a duty for International Criminal Court. The importance of this principle has caused that, in addition to breaking out the issued decision- as far as its noncompliance makes disrupt the safety or health of the procedure- compensation from the convicted should be ruled too.      
* Corresponding author’s e-mail: m.saber@modares.ac.ir

Volume 20, Issue 1 (5-2016)
Abstract

On April 2 2013, the United Nations General Assembly adopted, by a large majority, the Arms Trade Treaty(ATT); a treaty focusing on conventional weapons, with the aim of taking a step forward not only in regulating the arms trade but also in dealing with its related challenges. As trade in conventional arms touches on many complex legal and policy issues related to commerce, national security, human rights and humanitarian law, it is expected that the ATT would be also able to deal with most of these sensitive and challenging matters. In order to evaluate its achievements and possible impact, this article starts by reviewing the international arrangements and regulations, which existed before the conclusion of the ATT. Based on this study, and through a critical structural analysis of the newly adopted treaty, its strengths and the deficiencies will be studied. The ATT came into force on December 24 2014. While the Islamic Republic of Iran is not yet a party to this treaty, the treaty has important implications for the national security of all states even non-members.
 

Volume 20, Issue 2 (8-2016)
Abstract

The cultural rights encompass a wide scope of human rights. Many elements of human rights are categorized within cultural rights and others are somehow associated or indirectly dependent to them. In fact, many instances of cultural rights are assumed as the basis and foundation for the enjoyment of other human rights. Despite the importance of cultural rights, international human rights system (although passing a challenging process toward culmination) has not only responded to expectations but also created various concerns. The portion of cultural rights and formation of thoughts in this regard is not satisfactory within the international human rights studies, and many issues are disregarded.This paper, reviewing the main international instruments and scientific human rights researches, makes an effort to identify the process of recognition of cultural rights in the international human rights system to declare the significant issues of cultural rights in international human rights to distinguish the cultural rights elements and, based on the aforementioned studies, to clarify the achievements and challenges of implementation of cultural rights. The paper will be concluded with some theoretical and practical suggestions and recommendations for future studies.

Volume 24, Issue 1 (6-2020)
Abstract

International law consist of  the set of Principles, Rules and Regulations that accepted for Relations between States and International Organizations in International Community. Sovereignty of State would have a central role in creation of these Regulations. However, Sovereignty of State has been weakened in favor of Human and Humanity duration last few Decades. Focus on Human Right and its benefit and discourse -making for that on International Relation cause to Fading out Westphalian Sovereignty while Responsibility of State for Protection of Human Right has been Highlighted. No doubt Humanist Thoughts has important effects on this process.  This article tries  study that process by using Descriptive – Analytical Research Method.

Volume 24, Issue 2 (12-2020)
Abstract

The convention of child's right as the principal instrument in protecting children has paid a momentous attention to the "Best Interest of Child" and the Committee on the Rights of the Child has introduced different dimensions of this matter in its general interpretations. The principle of "Best Interest of Child" is a matter implemented in all protective and development issues in regards to Children's Rights. The term of "Interest" in the convention has been used in a vague and general way thus can be interpreted in the appropriate way in diverse legal systems. the Committee on the Rights of the Child also certainly called attention to, is that children and their views should be taken into consideration in all programs and actions, including budgeting, developing programs and strategies and so on. The Committee's important recommendations are to safeguard the dignity of children in line with the principles of human rights and to refrain from coercive action against children. This research seeks to answer the fundamental question of what is the best interest of the child in accordance with international practice and international human rights law? Contemplation in the case law suggests that although it is difficult to discover the best interpretation of the child's interests, and especially in the jurisdictional and culturally diverse context, it is a function of the particular circumstances of each case; It will lead to a conceptual development of child rights and a minimalist understanding of the universality of its obligations in practice and theory.



Volume 27, Issue 1 (3-2020)
Abstract

For many years, the international community has focused on the globalization of human rights rather than the rights of local people. But given the limited impact of international law at domestic law in countries with different cultural and religious backgrounds, the emphasis nowadays is on the necessity of localization of human rights. The challenge between national and international laws has been controversial, which in fact challenges the implementation of international human rights law at domestic level. However human rights can be localized through redefining and reinterpreting existing global norms in line with the needs of individuals themselves at very local level, and further contribute to develop human rights, at international level. This also affects the function of international rights bodies, such as UNHCR, human rights Rapporteur, and so on. This research, by using a descriptive and analytical method, investigates how exactly the human rights abuses, at local level, should be considered global? And how are different forms of human rights abuses, at the national and local levels, affecting the universal norms of human rights? The study also explains why people's participation is necessary in the process of localizing human rights, especially when decisions are taken at very global levels that are far from accessible to the people affected by them. To do this, first, a different conceptual framework for the localization of human rights, which is accepted to the international community, is elucidated. By applying this approach, along with using the methods that show the human rights needs of local people, tries to adopt a "bottom-up" approach, and analyze the possibility of producing local human rights in the international context. The findings suggest that localizing human rights, and adopting the aforementioned approach, can provide an appropriate framework for a more effective interaction between international human rights law and the realization of human rights at the local level. It helps to redefine and reflect the needs of local people with different cultural, religious and social norms, and, on the other hand, can provide an appropriate opportunity for individuals at local level to claim their rights in accordance with international standards.
 

Volume 27, Issue 2 (12-2023)
Abstract

Over the years, increasing the investment in less developed countries has caused actions against human rights standards by transnational companies. Following the development of communication and the growth of human rights activities, the protection of the rights of the company's stakeholders was emphasized. The theory of "Corporate Social Responsibility" emphasizes the need to clarify the actions of transnational companies in the field of human rights. In the present study, the role of this theory in the observance of human rights standards by transnational companies is investigated. Totally, international law documents as well as corporate codes and national laws all express the principles of corporate social responsibility including human rights obligations. Transnational companies insist on voluntary form of obligations in the field of social responsibility. However, the World Bank emphasizes the active duty of social responsibility and obliges multinational companies to take necessary measures to achieve social goals. The World Bank and its members, including MIGA, monitor the application and implementation of social responsibility through practical policies, lending and insurance mechanisms.




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.
 

Volume 30, Issue 4 (6-2024)
Abstract

Punishing and prosecuting the offenders of terrorist crimes is the right and duty of every country to ensure the peace and stability in society, and to guarantee the right of the state to punish anyone who violates the system and the public stability. However on the one hand, this right is restricted by the principles of fair trial in order to adopt fair procedures towards the accused of terrorist crimes and meantime, guaranteeing the dignity of these accused, protect them from fraudulent lawsuits and retaliatory complaints; on the other hand, to guaranteeing the rule of law, the criminal procedure and human rights. Despite the importance of upholding the principles of fair trial for the terror accused and the guarantees emphasized by the International Covenants on the need to observe the principles of a fair trial for them and the emergence of a new trend in the observance of these principles, in recent periods, in the domestic legislative system of many countries, there is lack or insufficiency of fair trial for the defendants of terrorist crimes. This problem has led to unimaginable violations. From this perspective, the present study emphasizes descriptive, analytical and comparative methods to explain the theoretical and legal foundations of the issue based on the need for fair trial of those accused of terrorist crimes, various manifestations of fair trial and ways to guarantee them, lest the innocent be convicted and the real criminal escape punishment. The findings of the study confirm the right of the government to try those accused but in line with the principles of fair trial and the need to legislate and observe the mentioned principles in the laws. This right, which is based on theoretical and legal principles at both domestic and international levels, considers it necessary to observe the principles of fair trial and considers the provision of legal, criminal and disciplinary measures if necessary in case of violating these principles and ensures the possibility of referring to the Judiciary for Innocent defendants.
 

Volume 31, Issue 1 (9-2023)
Abstract

Political anthropology is considered a fundamental topic in philosophy as well as political philosophy. Every political philosopher inevitably pays special attention to the discussion of human beings, and by studying the anthropology of a philosopher, one can better understand their political perspective and its effects on society. Understanding human nature has always been a significant concern of humanity throughout different eras. In this regard, understanding the political aspect of human beings contributes significantly to better organizing social relations. This has elevated the attention to political anthropology in universities and research institutions of developed countries. This article aims to clarify the similarities and differences in the human concept of Miskawayh, an Islamic humanistic philosopher, and Mirandola, a Western humanistic philosopher, and how these differences have affected human political rights in the future. The investigation of this issue has been conducted within the framework of the comparative method proposed by Porzsóski and Työn. The research findings indicate that differences in the perception of the position of humans in society and the system of existence create differences in political rights, the effects of which are evident to date.
 


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