Jornal of Eslamic Human Rights

Functions of insurance in strengthening and realizing policies based on sustainable development Under the supervision of human rights principles

mohammad saleh chitgaran; ali Faghih.habibi; rezaie hosein

Volume 12, Issue 4 , May 2024, , Pages 53-76

Abstract

  Achieving sustainable development requires the use of various resources. For this reason, governments use a wide range of mechanisms and resources for this purpose. It is one of the ...  Read More Achieving sustainable development requires the use of various resources. For this reason, governments use a wide range of mechanisms and resources for this purpose. It is one of the imaginable mechanisms and tools to achieve the goals of sustainable development of the insurance industry. According to international documents, sustainable development can be divided into the second and third generation of human rights. Despite these international documents related to sustainable development, they have not used a clear position on insurance. Therefore, the question arises whether insurance can play a role as a tool in the light of human rights in strengthening and realizing policies based on sustainable development, and if the answer is positive, what are its functions in this regard and then there is a proposal to use insurance as a tool in Iran's 7th development program and to strengthen the principles of human rights such as equality. This research, using a descriptive-analytical method, has investigated the relationship between sustainable development and insurance and imaginable approaches and has addressed the types of functions that insurance can adopt to achieve sustainable development. This research concludes that despite the functional differences between insurance and sustainable development, this industry has potential and flexibility that can be used as a complementary tool to realize sustainable development policies and strengthen human rights.

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Mechanisms for the participation of Amicus Curiae in the restoration of public rights

aminollah paknejad; seyed Mohammad Mahdi Ghamami

Volume 10, Issue 4 , March 2022, , Pages 55-79

Abstract

  1143 / 5000Translation resultsPublic rights, including the social rights of the nation or universal personal rights, require the participation of non-governmental and popular actors ...  Read More 1143 / 5000Translation resultsPublic rights, including the social rights of the nation or universal personal rights, require the participation of non-governmental and popular actors to identify, explain, expand, demand and revive public rights as the main task of the judiciary in Article 156 of the Constitution and the Judiciary Transformation Plan. Is. In other words, the greater the public participation in identifying, demanding and monitoring the implementation and reform of norms, the more real and effective realization of public rights can be expected. Realizing this fact, the question of this article is "What are the mechanisms for the participation of court-friendly institutions in the restoration of public rights?" To answer this question, in order to identify the institutions of non-governmental participation related to the court, which are referred to as court-friendly institutions (Amicus Curiae), we discuss the role and mechanism of each participation in reviving public rights by descriptive-analytical method. These mechanisms, on the one hand, seek to promote and demand recognized rights and correct perceptions of existing and new rights in collective life through the reform and development of judicial procedures, and on the other hand, require the use of legal technology and the revision of laws in particular. It is involved in identifying and supporting court-friendly institutions. The research method in this article is descriptive-analytical and the comparative study approach has been used.

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A Critique of the 1990 Cairo Declaration on Human Rights in Islam: Lack of Basis or Heavy Shadow of the Western Pattern?

vahid kosari; ali mashhadi; mahsa salman noori

Volume 8, Issue 1 , August 2020, , Pages 57-74

Abstract

  Human rights in the international arena are roughly a well-known concept that seemsto have passed the philosophical struggles over its foundations and embodied in thedispersed examples ...  Read More Human rights in the international arena are roughly a well-known concept that seemsto have passed the philosophical struggles over its foundations and embodied in thedispersed examples in actual international human rights documents. Thephilosophical foundations of human rights from the point of view of Islam,emphasizing the need to establish a link between “Is” and “Ought”, is completelydifferent from the West, and it is necessary to pay attention to both its material andspiritual aspects. The Cairo Declaration of 1990, as part of the Islamic Charter ofHuman Rights, despite efforts to include materials that reflect Islamic law, ispassively influenced by Western human rights patterns and does not reflect specificIslamic rights. The present article, through a descriptive-analytic method, and bymeans of content analysis, aims to illustrate the fundamental differences betweenIslam and the West in terms of human rights and to introduce an objective andaccessible model in this subject.

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Facilitation: Method of Human Rights Training

Samaneh Rahmatifar; mehrdad ganjalidaraii

Volume 8, Issue 2 , January 2020, , Pages 61-82

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.3.1

Abstract

  Facilitation or participative learning is a modern training method. It uses in variousfields of science increasingly, especially in humanitarian sciences. The goal ofhuman rights training ...  Read More Facilitation or participative learning is a modern training method. It uses in variousfields of science increasingly, especially in humanitarian sciences. The goal ofhuman rights training is promotion and protection of human rights. Not only thecontent but also the method of training must be in coordination with its goal. Only inthis way the promotion and protection of human rights will be achieved.Comparative study in this article improves that facilitation is the best training methodfor human rights training. The principles of human rights training, includespromotion human rights values, respect to differences and non discrimination,encourage analysis of human rights problems, empower communities and individualsto identify their human rights needs, develop the capacity of duty-bearers, accounthistorical and social local developments promote the knowledge and skill of humanrights, use of participatory, make environments free from fear, be relevant to thedaily life of the learners, are compatible with the elements of facilitation, includesequality participatory approach, active listening, confidentiality, safe environment,mutual respect, importance of personal experiments and equipped training place.

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بررسی تطبیقی روش اعتراف‌گیری مرگ مصنوعی در حقوق ایران و ایالات متحده آمریکا

amirabbas bozorghmehr; ahmad falahati

Volume 9, Issue 1 , September 2020, , Pages 69-86

Abstract

  یکی از روش‌های کشف حقیقت در امور قضائی، مرگ مصنوعی است، بدین معنا که با القای حس اعدام و یا هر روش مرگ ...  Read More یکی از روش‌های کشف حقیقت در امور قضائی، مرگ مصنوعی است، بدین معنا که با القای حس اعدام و یا هر روش مرگ به متهم، موجبات اعتراف ناخودآگاه وی برقرار می‌شود. هدف از این پژوهش مطالعه تطبیقی موضوع اعتراف‌گیری مرگ مصنوعی در فقه و حقوق ایران و تطبیق آن با حقوق ایالات متحده آمریکا بوده و به روش تحلیلی-توصیفی قصد پاسخ به این سوال را داشته که در روش مذکور برای اعتراف‌گیری، چه تفاوت هایی در حقوق کشورمان با حقوق ایالات متحده آمریکا وجود دارد. مسئله اجرای روش مرگ مصنوعی، در فقه اسلامی ریشه داشته و در روایات بدان اشاره شده است. از دیدگاه فقه و حقوق اسلامی، منع اقرار توسط شکنجه به کرات سفارش شده و خط قرمز استفاده از روش مرگ مصنوعی در حقوق ایران، عدم استفاده از شکنجه و هرگونه اجبار در اعتراف گیری است. اما این مسئله در حقوق ایالات متحده آمریکا به گونه‌ای کاملا آزادنه و بدون حد و مرز در حال اجراست که اعتراض نهادهای حقوق بشر را به دنبال داشته است. این مسئله به خصوص در موارد امنیتی، آزادی بیشتری برای مسئولین مربوطه دارد. نتیجه این که مقید شدن روش مرگ مصنوعی در چارچوب قانون منع شکنجه، جهت کشف حقیقت واقعی ضرورت دارد.

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Taxpayers Rights, Comparative Study on the Nahj al-Balaghah Teachings and the Iranian Tax System

ِDawood Mohebbi; Azam Taleb Najafabadi

Volume 7, Issue 2 , December 2018, , Pages 75-94

Abstract

  One of the most important financial resources of government in the past and now isthe tax. Taxes, in addition to providing a significant portion of public revenues, areseen and used ...  Read More One of the most important financial resources of government in the past and now isthe tax. Taxes, in addition to providing a significant portion of public revenues, areseen and used as a tool of government to modify wealth in society and eliminate theclass divide. In the Islamic government there are also several sources of funding,including Zakat, Khoms, Anfal and Jezyeh. Citizens as they are required to pay avariety of Islamic and legal taxes, also have rights to the government and its taxsystem. In this article, we examine and answer to this question by descriptiveanalyticalmethod: What are the rights and privileges of Islamic tax payers in Nahjal-Balaghah and how much does the tax system of Iran compare whit the teachingsof Nahj al-Balaghah in this regard. The finding of this research show that Imam Ali`sapproach to tax collection is a hybrid approach involving both education and incomeand thus the principle is based on the trust of taxpayers, but the Iranian tax system ismerely a monetization approach and it puts the principle of distrust on taxpayers. Ofcourse in some of the rights as the right to a fair and respectful behavior, the right toprivacy, the right to review, the right to a fair assessment and the Iranian tax systemis consistent with the teachings of Nahj al-Balaghah.

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Human Dignity in the Name of Education, Promotion and Protection of Civil Rights, Emphasizing the Need for the Rule of Law

AFSHIN JAFARI

Volume 8, Issue 1 , August 2020, , Pages 75-92

Abstract

  Citizenship is one of the social concepts in which members of society are related toeach other, institutions and society. In the era of globalization, this concept hasbecome a transnational ...  Read More Citizenship is one of the social concepts in which members of society are related toeach other, institutions and society. In the era of globalization, this concept hasbecome a transnational concept and introduces new dimensions of rights,participation, etc. to the extent that today citizens and the quality of theirparticipation in community affairs, on the one hand, and the observance of theserights by governments, on the other hand, are indicators of the development ofsocieties. The government and people educate human rights and citizenship are at thehead of the law-governed governments Therefore, law enforcers must be the oneswho are the act of law and serve as the servants of the people, their true servants.Therefore, protecting the rights and dignity of citizens is one of the main duties of thegovernment and subsidiary bodies. For this reason, human rights and citizenship < br />education to promote and Achieving a dynamic society and promoting a stable andcoordinated relationship between communities and promoting the mutualunderstanding of peace, and since without the support of governments, human rightseducation and citizenship are not feasible, the relationship between human rightseducation and governance is a multi-faceted relationship and without the educationof rights Humanity and Citizenship, Governance They are shaken. In this research,we have discussed the rule of law within the framework of the international humanrights system and the implementation of citizenship rights, and we conclude that eachsociety needs to have healthy human resources to achieve high levels of social,economic, political development, visible and aware of his social, political andcitizenship rights.

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Analyzing economic sanctions from international law perspective: with emphasis on human rights instruments

hosein alaee; reza zarei

Volume 11, Issue 3 , December 2022, , Pages 75-96

Abstract

  Following the ban on the principle of non-use of force, governments turned their attention to sanctions - economic coercive measures - as the main means of achieving their foreign policy ...  Read More Following the ban on the principle of non-use of force, governments turned their attention to sanctions - economic coercive measures - as the main means of achieving their foreign policy goals. The desirability of the use of unilateral sanctions by countries now stems from the idea that it is a middle ground between diplomacy and the use of force, and is also a simple and peaceful tool for changing the behavior of governments The method of this research is descriptive and analytical and the method of collecting library and documentary information. The purpose of this research is to investigate economic sanctions with emphasis on its legitimacy from the aspect of human rights. The question is, what is the status of unilateral economic sanctions in terms of human rights documents? According to the investigations of this research, its findings show: (1) Unilateral sanctions are a violation of treaty, customary international law, as well as a violation of the rule of ius cogens. (2) Although in some cases the doctrine of international law in retaliation is invoked for the legitimacy of unilateral sanctions, these sanctions cannot be considered reciprocal action under the theory of international responsibility of the state. It must therefore be argued that unilateral sanctions are completely contrary to international law especially the fundamental documents of human rights.

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Elements of Citizenship Rights in Islam with Emphasis on the views of Ayatollah Seyyed Mohammad Hosseini Beheshti

ali darabi

Volume 12, Issue 4 , May 2024, , Pages 77-106

Abstract

  Ayatollah Seyyed Mohammad Hosseini Beheshti is considered one of the most prominent founders of the Islamic Republic of Iran, as his name is associated with the name of the Constitution, ...  Read More Ayatollah Seyyed Mohammad Hosseini Beheshti is considered one of the most prominent founders of the Islamic Republic of Iran, as his name is associated with the name of the Constitution, the rights of the nation and the rights of citizens in the history of the Islamic Revolution. The present descriptive and analytical essay has been written with the aim of explaining and understanding the elements of citizenship rights in the thought of Ayatollah Beheshti as one of the prominent jurists and jurists of the Islamic Revolution. The findings and results show that Ayatollah Beheshti, due to his familiarity with religious foundations and familiarity with schools and political systems, as well as his detailed knowledge of the conditions and requirements of the country, played the greatest role in explaining the elements and components of citizenship rights such as the right to freedom, the right to social justice and the right to security in the early years of the victory of the Islamic Revolution, he was able to include these elements in the constitution of the Islamic Republic in the process of drafting, compiling and approving it, as well as legally establishing the rights of citizens and democracy, and guaranteeing the safety of the society from the return of tyranny and autocracy.

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Regime Change in the Light of the Obligations of First Generation of Human Rights and Responsibility to Protect

Mohammad Hossien Jalali Rad; Sohrab Salahi; Maryam Moradi

Volume 10, Issue 4 , March 2022, , Pages 81-107

Abstract

  Each of the First Generation of Human Rights and Responsibility to Protect imposes obligations on member states of the International Community. Violation of these obligations will result ...  Read More Each of the First Generation of Human Rights and Responsibility to Protect imposes obligations on member states of the International Community. Violation of these obligations will result in the realization of the International Responsibility of the state and the imposition of legal remedies. The practice of powerful states has sometimes been that regime change can be one of these remedies. This leads to the primacy of political interests over legal obligatios. The present article, using a descriptive-analytical method, explains the relationship between regime change and the obligations of each of the first generation of human rights and responsibility to protect and answers the question: What is the status of the regime change in the light of the obligations of the first generation of human rights and the responsibility to protect? The purpose of this study is to separate the justifications for regime change from the real human rights concerns. The article concludes that a regime change in the current and established state is neither possible in the light of the obligations of the International Human Rights Law, nor in the light of the legal institution of responsibility to protect; Therefore, human rights are not a pretext for regime change.

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News law in the Light of Islamic Jurisprudential Propositions and Human Rights

MOHSEN ghaemi

Volume 8, Issue 2 , January 2020, , Pages 83-110

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.4.2

Abstract

  News, as the most important message of the communication resources of the presentcentury News, as the most important message of the communication resources of thepresent century has ...  Read More News, as the most important message of the communication resources of the presentcentury News, as the most important message of the communication resources of thepresent century has become an inseparable part of our world, and all people, withoutexception, are trapped in intertwined networks of news media. However, there aremany challenges and issues discussed in Western and Islamic law. News, in the fieldof business method, content, presentation method needs to provide a special legalorder; What is more, news is faced with “the right of people to access information”and on the other hand with “privacy of information or privacy of individuals”. Inaddition, journalists have special rights and responsibilities as communicationsagents. Therefore, the inference of the legal system governing the “news” and"journalists" in comparison with the existing legal systems is necessary that thepresent article has been written with a descriptive-analytical approach based onlibrary studies in line with this mission.

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بررسی مسئولیت کیفری فرمانده نظامی در حقوق ایران

salman adinevand; abedin safari kakroodi

Volume 9, Issue 1 , September 2020, , Pages 87-112

Abstract

  مسئولیت عملکرد هر یگان مستقیماً متوجه فرمانده آن بوده و این مسئولیت عمدتاً جنبه کیفری داشته و در مواردی ...  Read More مسئولیت عملکرد هر یگان مستقیماً متوجه فرمانده آن بوده و این مسئولیت عمدتاً جنبه کیفری داشته و در مواردی نیز جنبه مدنی دارد. در این پژوهش به روش تحلیلی-توصیفی به این سوال پاسخ داده شده که فرمانده در قبال عملکرد پرسنل یگان خود، چه مسئولیتی دارد هدف از آن شناسایی نقاط قوت و ضعف قانون‌گذاری کشورمان در این حوزه است. در کشور ما، قانون‌گذار بیان کرده که فرمانده نظامی برای میل به اهداف تعیین‌شده می‌بایست هر اقدامی را در چارچوب قانون انجام دهد و درعین‌حال، می‌بایست مسائل اخلاقی، انسانی و شرعی را مدنظر داشته باشد که عرف عمومی در تعیین دقیق این مسئولیت، نقش مهمی دارد. نتیجه نهایی این‌که فرماند‌هان مافوق، موظف به نظارت بر اعمال پرسنل و فرماندهان مادون بوده و در قبال اعمال غیرقانونی آن‌ها مسئولیت کیفری به فرمانده منتسب شده و در صورت عدم تقصر فرمانده در ممانعت از عمل غیرقانونی پرسنل، مسئولیت کیفری وی مرتفع می گردد. در مورد مسئولیت پرسنل مادون، حقوق ایران و بین‌الملل، این مسئولیت را در صورت عدم اعتراض وی به دستور غیرانسانی فرمانده محرز می‌دانند. اما در عمل، با توجه به عدم توانایی تجزیه‌وتحلیل شرعی و حقوقی دستورات فرمانده توسط پرسنل مادون، نسبت به بررسی این مسئولیت با انعطاف فراوان عمل شده و معمولاً در صورت اثبات عدم اختیار وی، مسئولیت نامبرده سلب می‌گردد.

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Assessing the Scope of Human Rights Documents Against Terrorist Crimes

Peyman Namamian; Alireza Shakarbaigi

Volume 12, Issue 2 , September 2023, , Pages 87-108

Abstract

  Terrorist crimes are a phenomenon that is the product of various causes, which at the same time is considered the cause of the formation of various situations. From the point of view ...  Read More Terrorist crimes are a phenomenon that is the product of various causes, which at the same time is considered the cause of the formation of various situations. From the point of view of the relationship between terrorism and human rights, this phenomenon is the result of the violation of human rights and the lack of conditions for lasting peace. Therefore, it targets respected norms in the world (such as compliance with human rights standards, rule of law, democracy, and international peace and security). In this way, the international community adopted several documents to counter and suppress terrorism by adopting active and reactive policies; But the thing to think about is that unfortunately, the aforementioned documents could not meet the expectations of the international community in the fight against and suppression of terrorism due to the lack of necessary and effective executive guarantees in terms of lack of acceptance and global consensus. Therefore, the violation of the basic and fundamental rights of nations through terror, including gross violations of the right to life, requires that international human rights organizations, while taking serious and preventive measures and effectively dealing with terrorist crimes in all its dimensions, ultimately play a significant role in strengthening international peace and security in the world.

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The Right to Religious Freedom in Religious Invitation and the Jihad Connection with it with Emphasis on the Quran and the Manner of Islam’s Prophe

Sayed Mohammad Ali Mirsanei

Volume 8, Issue 1 , August 2020, , Pages 93-118

Abstract

  As the most important source of Islamic religion, the Holy Qur'an has a clearframework for inviting to religion in speech and behavior, and the manner of Islam’sProphet is also ...  Read More As the most important source of Islamic religion, the Holy Qur'an has a clearframework for inviting to religion in speech and behavior, and the manner of Islam’sProphet is also consistent with this Quranic framework. but conquests some Muslimrulers in the pretext of Islam spreading on one hand, and hostility propaganda ofIslamophobians on the other has hazy this clear image, as It is necessary to explainthe principles of the Qur'an and the Prophet's manner about this. In this study, theverses of the Quran and manner of Islam’s Prophet were investigated by descriptiveanalyticmethod and the principles of invitation to religion were specified. Accordingto the results of this study, invitation to the religion is based on insight, wisdom,preaching and best disputations; and if one of them wasn’t accept this invitation, he ismust treated peacefully, until don’t menace the security of the Muslims. In themeantime, Jihad has a defensive aspect and has been legislated for the protection ofthe life and property of the Muslims. Verses from the Qur'an, ordered to fightingagainst non-Muslims, are not directed to the propaganda of religion with the sword,but the purpose in these verses is to create societal security against enemy threats,and manner of Islam’s prophet matches this.

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Cyber Pornography: From Etiology to Prevention

Saleh Ghafari Cherati; Esmail Haditabar; Seyed Ebrahim Ghodsi

Volume 7, Issue 2 , December 2018, , Pages 95-126

Abstract

  Cyber pornography means; Committing definite and conditionally reprehensiblebehaviors is defined as intent to trade or corruption through cyber ortelecommunication systems. Pornography ...  Read More Cyber pornography means; Committing definite and conditionally reprehensiblebehaviors is defined as intent to trade or corruption through cyber ortelecommunication systems. Pornography can be considered as a common legal,moral, sociological, psychological and criminological challenge, and therefore, theview of pornography should be considering the various dimensions of the humanitiesto achieve a comprehensive and preventable result. The main question of this articleis why some people become cybercriminals in cyberspace? In other words, what isthe reason for committing the crime of computer pornography? Are preventativemeasures desirable for perpetrators of computer pornography and what solutions canbe suggested? The present article enumerates the reason for committing pornographyin an analytical-descriptive way and suggests social preventive solution to theose ofcriminal.

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The impact of American policies on The situation of human rights in the Middle East (2001-2023)

hadimorad piri; ehsan jafari far; Mohammad Sadegh Jalali Rad

Volume 11, Issue 3 , December 2022, , Pages 97-120

Abstract

  America considers itself the defender of human rights and has justified its interventionist policies of the last few decades with titles such as the protection of human rights in the ...  Read More America considers itself the defender of human rights and has justified its interventionist policies of the last few decades with titles such as the protection of human rights in the Middle East region. However, it seems that these interventionist policies in the Middle East region cannot be justified only by the Western narrative and the use of extensive propaganda to defend the correct interventionist actions because there are truths related to human rights violations in the Middle East by America that are not often said; Therefore, the need for a detailed examination and analysis of this category caused the present research to try to analyze the human rights situation in the Middle East in the light of American interventionist policies in the Middle East region from 2001 onwards with a more detailed analysis. The research is descriptive-analytical and collected with library documents.The research studies finally showed that the US interventionist policies have led to the strengthening of human rights violations in the Middle East. The findings indicate that the actions of the United States have resulted in many cases of human rights violations in the shadow of the spread of insecurity in the Middle East region, the flow of weapons, the deaths and displacement of millions of people, and the support of crimes against human rights by regional allies.

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Examining the concepts of freedom and power in the human rights discourse of the Islamic Republic of Iran and its challenges

hossian rahmanitirkalai

Volume 12, Issue 4 , May 2024, , Pages 107-120

Abstract

  In today's age, when human rights are applied in the context of being a citizen, and the same citizen is under control and imperceptible surveillance in all aspects of life, and at ...  Read More In today's age, when human rights are applied in the context of being a citizen, and the same citizen is under control and imperceptible surveillance in all aspects of life, and at the same time, he is in danger of suspension of the title of citizenship and direct violence of the ruler and the law. Minimum human support under the title of human rights system is denied to millions of refugees and displaced people who have no place in the territory of the nation-state. It is in such a world that the first step to confront and resist the pressure of life is to be aware of the situation that all We are in it. The concept of freedom in the discourse of human rights, which is itself within the political discourse of the nation-state, as its essence and central signifier in opposition to the institution of the nation-state, has the same contradiction as in the theories of the social contract. By raising the question of what is the position of the concepts of freedom and power in the human rights discourse of the Islamic Republic of Iran, while explaining and exploring the nature of human rights and the foundations of the formation of this discourse, it is of the opinion that human rights have been a political matter until now and if To be able to assign a role to this discourse beyond its political nature, that is,

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A comparative study of the Human Rights Situation in Iran and Saudi Arabia

AbbasAli Talebi; Habibollah Abolhassan Shirazi

Volume 10, Issue 4 , March 2022, , Pages 109-141

Abstract

  The pervasive Violation of human rights around the world by various governments is one of the major issues of concern to the international community. Since the Declaration of Human ...  Read More The pervasive Violation of human rights around the world by various governments is one of the major issues of concern to the international community. Since the Declaration of Human Rights is modeled on respect for human dignity and respect for civil rights, this article focus, on the human rights situation and its impact in Saudi Arabia and Iran, and seeks to explore the question of the human rights situation. How is it described in these two Islamic countries? In response to this question, it is hypothesized that the relationship between human rights and the sovereignty of government (Iran and Saudi Arabia) has been more legal over the past few decided and a set international obligation and oversight mechanisms in the field of the human rights, had led the compact of sovereignty to a newer and more flexibly definition. The results show that in practice, both countries have behaved more flexibly than in the past and in accordance with the international norms, using a descriptive-analytical approach, this article states that Saudi Arabia in order to maintain its sovereignty, inevitably meets human rights requirements such as the reform of women’s rights and minority rights, and cooperates with a wide range of international actors, and human rights have clear advantage and more defensible and acceptable record than Saudi Arabia.

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Investigating the human rights capacities of the Constitution of the Islamic Republic of Iran

AbbasAli Talebi

Volume 12, Issue 2 , September 2023, , Pages 109-132

Abstract

  In 2003, the Human Rights Council, in line with the creation of mechanisms and the implementation mechanism of the provisions of human rights, defined the focal point of the legitimacy ...  Read More In 2003, the Human Rights Council, in line with the creation of mechanisms and the implementation mechanism of the provisions of human rights, defined the focal point of the legitimacy of governments not in establishing norms or strengthening the supervisory system, but rather in the ability of governments to create or extract constitutional capacitiesUsing the descriptive and analytical method, this article raised the question of what capacities the constitution has in the field of human rights. In response to this hypothesis, it was proposed that one of the priorities of the political system that emerged from the revolution was to respond to the need for justice and legal equality within the framework of the constitution, and that the constitution, as a legal document, protects the various rights of the nation with respect to human dignity. It has recognized and formulated limits for the unlimited power of the government to defend the rights of individuals. The findings show that first of all, the constitution of a series of privileges is specified and guaranteed based on the nature of human beings regardless of any restrictions. Temporarily defended. Secondly, the constitution not only recognized the protection of the rights of minorities, women, and the legitimate freedom of individuals, but also by maintaining Islamic standards and religious vision, institutions such the Guardian Council, the 90th Principle Commission, the Inspection Organization and the Court of Administrative Justice It has been established as a means of protecting freedom in the constitution

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Regional Mechanisms of Human Rights: Species, Challenges and Solutions

Ahmad Momenirad; Mahdi Keykhosravi

Volume 8, Issue 2 , January 2020, , Pages 111-134

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.5.3

Abstract

  International protection of human rights, regardless of the global level, has also beenattended at the regional level. In this case, International regional organizations haveadopted ...  Read More International protection of human rights, regardless of the global level, has also beenattended at the regional level. In this case, International regional organizations haveadopted regional instruments of human rights, which the most prominent of them arethe European, American and African human rights conventions and also IslamicDeclaration of Human Rights. These instruments for the supervision in properimplementation of human rights, Preventing any aggression and invasion to thehuman rights of citizens of member states and ultimately improving the position ofhuman rights have created a series of executive mechanisms in the regionaldimensions and Have given them jurisdictions and duties. Although, thesemechanisms by monitoring the states have brought the proper implementation of theobligations contained in the regional conventions of human rights and consequentlyhave received an acceptable report card but in practice they are facing to challenges.Undoubtedly, recognition these challenges and exit solutions from them can lead tomore effective protection of human rights at the regional level. Accordingly, thepresent article attempts to identify and consider the most important and seriouschallenges facing regional mechanisms of human rights and exit solutions of thepresent situation.

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آثار نظریه وحدت رویه در مورد تعدد مسئولیت مدنی بر تشریفات رسیدگی به دعوای جبران خسارت با مطالعه تطبیقی در حقوق فرانسه

saeed farzane; ali abbas hayati

Volume 9, Issue 1 , September 2020, , Pages 113-142

Abstract

  در مورد مسئولیت مدنی، دو دیدگاه حقوقی وجود داشته که در دیدگاه تعدد، مسئولیت مدنی به دو بخش قراردادی ...  Read More در مورد مسئولیت مدنی، دو دیدگاه حقوقی وجود داشته که در دیدگاه تعدد، مسئولیت مدنی به دو بخش قراردادی و قهری تقسیم می‌شود، اما در بخش دیگر هر دو نوع مسئولیت مدنی یکسان در نظر گرفته می‌شود. این پژوهش به روش تحلیلی-توصیفی با هدف بررسی آثار به‌کارگیری نظریه تعدد در تشریفات رسیدگی به دعوای جبران خسارت، با مطالعه تطبیقی حقوق فرانسه انجام‌شده و قصد پاسخ به این سوال را داشته که تشریفات مذکور در حقوق ایران و فرانسه چه تفاوت هایی دارند. دعاوی مسئولیت مدنی مرتبط با قراردادها، عمدتاً باهدف الزام به اجرای کامل تعهد بوده و برای آن ضمانت‌هایی همچون حبس کالا و تعلیق تعهدات پیش‌بینی‌شده است. اما در دعاوی مسئولیت مدنی قهری، جبران خسارات مادی و معنوی ناشی از عمل زیان‌بار موردبحث است. اگر جبران عینی مال تلف‌شده ممکن باشد؛ در این مورد جز الزام به جبران مال، تعهدی دیگر بر عهده متشاکی نیست. اما درغیراین‌صورت ملزم است که آثار سوء عمل خود را به‌صورت مالی جبران نماید. تشریفات رسیدگی به هر دو نوع مسئولیت مدنی، با توجه به تفاوت در ماهیت آن‌ها، فرق داشته و حقوق فرانسه ضمن اتفاق‌نظر با حقوق کشورمان در مورد وضعیت تفکیک مسئولیت مدنی، در رسیدگی به دعاوی مرتبط با انسجام بهتری عمل کرده است. نتیجه نهایی اینکه نظام حقوقی فرانسه در شناسایی تعدد مسئولیت مدنی، به‌مانند کشورمان بوده و ماهیت مسئولیت مدنی در هر دو نظم حقوقی برابر است. اما تشریفات رسیدگی به هر نوع دعوی اندکی متفاوت می باشد.

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Mechanisms for Guaranteeing Fundamental Human Rights in the Iranian Public Legal System

parisa kazemi; akbar bashiri

Volume 8, Issue 1 , August 2020, , Pages 119-140

Abstract

  The events and genocides and massacres that took place during World War II were aturning point in the structure of the world to address basic strategies for protectingthe rights of ...  Read More The events and genocides and massacres that took place during World War II were aturning point in the structure of the world to address basic strategies for protectingthe rights of individuals in both peacetime and wartime. With the drafting of theDeclaration of Human Rights on December 10, 1948, that is, December 1327, it canbe explicitly argued that this declaration was a turning point in supporting theinstitutional structure of societies. Since the enactment of the Universal Declarationof Human Rights, an important principle of protection of human dignity and humandignity has been enshrined in numerous declarations and conventions, sometimescontaining restrictive laws and positions against the system of government for therealization of public rights. But what can be said about the mechanisms offundamental human rights in Iran is that these rules are in an unsystematic structurewith various laws and articles in the country's constitution. But the obligation toobserve it is something that needs to be analyzed by the religious system of thesociety, which the society and the beliefs of Islam do not accept, and the Iranianlegislature has taken steps in this field with independent religious mechanisms.

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The Islamic Republic of Iran and Applying the Principles of the Declaration of Islamic Human Rights in Immigration Policies towards Afghan Immigrants

ali Khodadoost; masoud motallebi; Abdolreza Bay

Volume 11, Issue 3 , December 2022, , Pages 121-143

Abstract

  This analytical article was written with the aim of explaining and representing the application of the principles contained in the Declaration of Islamic Human Rights in the immigration ...  Read More This analytical article was written with the aim of explaining and representing the application of the principles contained in the Declaration of Islamic Human Rights in the immigration policies of the Islamic Republic of Iran towards Afghan immigrants. In this regard, the main question of the research focused on how the Iranian government acted towards Afghan immigrants in accordance with the principles contained in the Declaration of Islamic Human Rights, and whether the immigration policies of the Islamic Republic of Iran against these immigrants were against humanitarian and discriminatory standards or not. ? In terms of method by examining works and documents; the situation, social security, education, health, social security, work and employment and citizenship rights of Afghan immigrants in Iran have been studied and the policies of each area based on the twenty-five articles of the Islamic Declaration of Human Rights have been explained separately. The results and findings indicate that in the Islamic Republic of Iran, due to the neighborhood and the emphasis of the Holy Sharia, as well as thanks to the altruistic policies and humanitarian standards of the nation and the government under the doctrine of Islamic human rights, Afghan immigrants have access to education, health, insurance, employment, free movement in different areas and livelihood opportunities have been given which has caused their survival and prosperity. The performance of the Islamic Republic of Iran in this field has been approved by international human rights institutions and organizations.

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Examining the Rule of Prohibition of Illegal and Arbitrary Detention in the Iranian Legal System and International Human Rights Documents

hossein zareian; javad Gholamzadeh Dehnavi

Volume 7, Issue 2 , December 2018, , Pages 127-148

Abstract

  Research in the field of judicial security in terms of its relationship to the rights andfreedoms of individuals and as one of the violators of the fundamental human rightsof governments, ...  Read More Research in the field of judicial security in terms of its relationship to the rights andfreedoms of individuals and as one of the violators of the fundamental human rightsof governments, which in various ways, including legislation on fundamental rightsand freedoms Violators need to identify the criteria and flaws in human rightsdocuments. In recent years, following the discussion of human rights issues andobjections to some legal provisions, the legislature has taken the appropriateapproach in amending the Islamic Penal Code and criminal procedure, as well as indrafting The Charter of Citizenship addresses these issues as much as possible and isin line with international human rights standards. In this regard, Iranian law on thenecessity of reasoning and legal documentation of detention is in full compliancewith international human rights law, especially Article 9 of the InternationalCovenant on Civil and Political Rights, and the country's laws in this regard are notflawed. There is no ambiguity

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Investigation on the Insult in Legitimate Defense

mohammad nabi pur; mozhgan nikoukar

Volume 8, Issue 2 , January 2020, , Pages 135-156

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.6.4

Abstract

  The objective of this study is to investigate on the subject of insult in the field oflegitimate defense. Legitimate defense is one of the justifying institutions of criminallaw that ...  Read More The objective of this study is to investigate on the subject of insult in the field oflegitimate defense. Legitimate defense is one of the justifying institutions of criminallaw that has a long history of being a justifying agent, undermining the legal basis ofthe crime. The institution itself consists of two pillars of aggression and defense, eachwith its own set of circumstances. Now the question is whether in the event ofinsulting one person against another, there is a power to defend the insulted personand this defense will fall under the heading of defense, and what is the role of theoffense of insult in the defendant's criminal liability, despite the circumstances in thecase? The institution has been aggressive about the subject of aggression,proportionality of aggression, and defending where issues and disagreements havearisen.

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