فهرست مطالب

فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 18 (بهار و تابستان 1399)

تاریخ انتشار: 1399/12/11
تعداد عناوین: 12

فارسی
English

انتخاب همه

Consumer rights review in the light of human rights instruments and internatioanl judicial procedures

Mohammadjavad Heydariandolatabadi *, Rasoul Mazaheri Kuhanestani Pages 9-30

Legal systems In most countries, consumer rights are prevalent in the world and they seek to support this cohort of humanity in their country. For example, we see today that consumers' rights in the Constitution of the European Union and in the laws of the member states of the union are considered as fundamental human rights, which indicates that consumer rights as one of the rights The fundamental and fundamental humanity has played a role in the provisions of international law and national laws of the countries. It is worth noting, however, that there are many human rights instruments that, at the global and regional level, have given special attention to protecting individuals as consumers and have introduced these rights as basic human rights, as well as in the light of the judicial process of the court European Human Rights Law, and studying the numerous cases in this regional court. In the area of human rights, we now find that the flow of consumer protection has benefited from the guarantee of appropriate legal and judicial actions. Accordingly, the present study, through analytical-descriptive method and library collection (documentary) has addressed the question of what is the status of the consumer in the light of international human rights?
Keywords: Rule of law, Consumer rights, judicial procedure, human rights instrument, Economic law

Abstract View Paper Research/Original Article Original: Persian
Examining the government's obligations under the "Right to Clean Air":Case study of the legislative system of the Islamic Republic of Iran

Seyed MohammadMahdi Ghamami *, Taghinezad Ali Pages 51-68

Today, one of the factors that endanger the health of citizens is air pollution, which is why as a result of the right to life, the "right to clean air" is considered one of the fundamental human rights. In this regard, the government is obliged to provide and guarantee the right to clean air for citizens and must play a broad role, including the commitment to prevent the activity of any source of pollutants and protect the victims of air pollution and also adhere to its equipment. In other words, on the one hand, it must take into account the health of all members of society without any discrimination or comment in the implementation of laws and regulations related to clean air, and on the other hand, it must provide a suitable platform for the survival of this right by using regulatory authority. And punish the violators effectively. To achieve this, we need comprehensive policy, coherent and decisive rules and regulations. Thus, in order to communicate "general environmental policies" (8/26/1594), the government is required to submit a bill and amend the regulations, while filling the legal gap, to ensure adequate implementation guarantees to ensure clean air. In this article, the authors will answer the question of what harms and challenges does the Iranian normative system based on the government's commitment to protecting the right to clean air face, considering the religious principles of using clean air? In this regard, the existing laws and regulations have been analyzed and reviewed

Keywords: citizenship rights, Law, right to clean air, healthy

Abstract View Paper Research/Original Article Original: Persian
Thematic Analysis of Human Rights Legal Claims of EU toward Islamic Republic of Iran

Mohammad Mahmoodikia * Pages 143-168

Human Rights Challenges One of the most marginal challenges of the last two decades between the Islamic Republic of Iran and the poles of power in the contemporary international system, which has led to many restrictions on Iran's action power in the international system. Focusing on Iran's human rights challenges with the European Union, the study seeks to identify the main themes of the challenge, as well as the European Union's human rights claims against the human rights situation in Iran, as well as the application of thematic analysis.The findings of the study indicate that three factors: "the dominance of Islamic values in Iran", "Iran's efforts to challenge the human rights values of the liberal order", and "Iran's efforts to strengthen the internal structure of power" caused challenges. From this perspective, Iran seeks to consolidate its religious and Islamic identity, and the emergence of challenges in issues such as the implementation of sharia law, as well as the refusal to criminalize homosexuality, is rooted in this issue. On the other hand, Iran seeks to provide an alternative model of human life in the contemporary world based on spiritualism and theism, one of the tools of which is to challenge and discredit the values and norms of contemporary liberal order. And, Iran's efforts to strengthen the nation-building and state-building processes at home are backed up, each of which leads to friction with some Western human rights norms.
Keywords: Human rights, Islamic Republic of Iran, EU, challenge, Thematic Analysis

Abstract View Paper Research/Original Article Original: Persian
Investigation of the crime of prostitution in the Islamic Penal Code adopted in 1392 from the perspective of the principles of criminal policy discourse and criminological analysis

Saleh Ghafari Cherati *, Masoud Akbari Pages 225-254

The crime of prostitution is manifested in the form of a kind of disruption of social order and security in order to confront the system of government and therefore can become a major problem for a country. The Islamic Penal Code in 1392, by specifying the dimensions of this crime, proceeded to criminalize it. But from the perspective of criminal policy, there are ambiguities in the theoretical and practical dimensions that need to be examined. Because, on the one hand, the jurisprudential and religious background of the crime of prostitution has not been taken into consideration, and on the other hand, the principles of correct legislation in terms of desirable policy-making have not been observed. Also, in terms of micro-oriented and rational criminological theories as well as etiological theories, it is possible to study the crime of prostitution and find its contexts. Because the criminology of prostitution is also significant from the perspective of criminological analysis and etiological studies, and it can be said that appropriate criminological theories can help to study the etiology of the subject. The present article, with the aim of analyzing and examining this crime in terms of its importance, and with the question of what are the principles of legislation in this field and what is its position in the Islamic Penal Code, has expressed the issues in a descriptive-analytical method. Is.
Keywords: prostitution, Security, Human rights, Criminal policy, criminal group

Abstract View Paper Research/Original Article Original: Persian
The role of armed forces cyber espionage prevention on the right to security

Mahdi Esmaeli *, Sajjad Fattahizafarghandi, Hasan Hajitabarfiruzjaeei Pages 255-276

The characteristic of any crime is that it endangers security. In this case, the penal system intervenes to express a reaction against the crime to restore the lost security. Considering that in espionage crime, security is more endangered than other crimes and considering that today most crimes are committed in cyber form and on the other hand because the armed forces have an important role in providing security and committing cyber espionage crime by They are considered as a more serious threat to security. In the present study, descriptive-analytical methods were examined to prevent cyber espionage of the armed forces in order to prevent security from being compromised. The results of the present study indicate that the use of both criminal and non-criminal prevention methods can be effective in preventing cyber espionage. For example, intensifying military punishment, which has a higher degree, can be considered as one of the criminal prevention strategies. Regarding non-criminal prevention, situational and social prevention techniques can be used, which are considered as applicable methods in all crimes, and it is also possible to resort to a series of special prevention methods, especially for computer crimes. The armed forces, such as careful selection of commanders, poverty alleviation, and undue discrimination, prevented them from committing crimes in order to ensure security.
Keywords: Cyber Espionage, Armed forces, Human rights, security rights, betrayal

Abstract View Paper Research/Original Article Original: Persian

علمی مصوب

فصلنامه مطالعات حقوق بشر اسلامی

Journal of Eslamic Human Rights

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 2322-5637

صاحب امتیاز:

سازمان بسیج اساتید کشور

مدیر مسئول:

دکتر محمدرضا مردانی

سردبیر:

دکتر خیرالله پروین

تلفن نشریه: ۰۲۱-۸۶۰۲۳۳۹۳

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فهرست مطالب

فصلنامه مطالعات حقوق بشر اسلامی پیاپی 18 (بهار و تابستان 1399)

فصلنامه مطالعات حقوق بشر اسلامی

Journal of Eslamic Human Rights

فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 18 (بهار و تابستان 1399)