نشریه حقوق بشر
پیاپی 33 (بهار و تابستان 1401)

In recent decades, events have taken place that can be considered as evidence of change in the concept of citizenship of the national state. The present article answers this question by understanding such importance: What is the evidence for the conceptual transformation of national state citizenship? In response to this question, using the research method descriptive-analytical, the following results have been obtained: First; Although in the national state, "citizenship" is inherently linked to "citizenship", in recent decades there have been signs of a break in such a connection. Second; This rupture is a clear indication of the challenge to the inherent link between the two concepts: citizenship and citizenship in the national state. Third; This rupture can be considered a fundamental change in the perception of the concept of citizenship in the national state, in a way, this concept is moving further and further away from the context and space of the national. Fourth; In the new situation, citizenship must inevitably be viewed from a new perspective Which can be considered as a possibility of passing from the national state and standing on the threshold of postmodernism, or at least, the status of a "flexible national state." Such a state, some of its classical functions and elements are on the verge of disintegration.

War as a human phenomenon has been one of the catastrophic problems of human societies throughout history. Endeavors of some philosophers especially during contemporary century, being used to eliminate war by applying human rights and ethics. The output of this corporation is rejection of offensive war and accepting defensive war as justifiable and legitimate. John Rawls considering fundamental principles and emphasizing human rights and ethics, has made attempt to take new steps towards limitation of war. This research is based on analytic philosophy through “conceptual analysis” and “critical evaluation”. It has analyzed Rawls’ viewpoint on basic principles of Just war, reasons of offensive wars and taking part of it as unjustifiable, and reasons of defensive war and participation of it as justifiable. Furthermore, refusal of joining a war and also methods of defensive war in different systems of government are discussed. Critique and evaluation of Rawls’ doctrine on assessment of the specific situation indicate that there are contradictions between his realistic attitude and legal and moral obligations. So findings of the research reveal approval of hidden intervention in other countries by domestic governments based on national security, approval of attack on civilians by governors in emergency situations for the interest of political system, and justifying bombardment of Germany by Britain in Second Word War based on legal and moral constraints.

Despite the various benefits of Artificial Intelligence in human life, the world has witnessed the adverse effects of resorting to it, in various areas, include the breach of right to work and work security of poor and vulnerable people, due to automate some jobs. This situation can lead to breach of the right to work, as a fundamental human rights. But according to the International Charter of Human Rights, governments not only have a duty to enforce and ensure the right to work, but also must refrain to obstruct the process of exercising theses rights. Therefore, the main question is about the solution which can be find to resolve the conflict between, the benefits of Artificial Intelligence on one hand and the right to work and job security, on the other hand. It is certain that, given the obligations of states about the enforcement of right to work, they should provide welfare and new job for the people that have lost their job due to automation and provide facilities to establish necessary training about AI in order to increase the productivity of this new technology in the community.

The right to development which means Public access to developmental benefits in any society requires that status of those groups that seems to be under discrimination, including possible minorities or indigenous peoples is considered. One of the most effective solutions is an allocated share in political participation for these groups which enables them to participate in public decisions related to the different political, economic, social and cultural aspects of society.The purpose of this study is to investigate one of the most effective mechanisms in securing the right to development in relation to minority and indigenous groups. The main question of the research is what effect the allocation of special shares to minority and indigenous groups has had on benefit of these Groups from development in the respective countries? The research method of this research is analytical-descriptive and the method of collecting information is library. The results of this study, which examines two successful experiences in Romania and New Zealand, show that by allocating the share in political participation to representatives of minority and indigenous Groups, there is chance for these groups for participation in public decision-making of society in relation to process of development and As a result, assurance of needs and human rights of the members of the mentioned groups in development process will be better provided. Also, there is a better possibility for further observing of implementation of mentioned decisions.

In early 2021, Dominic Ongwen was found guilty of crimes against humanity through, inter alia, forced marriage. It was the first conviction of forced marriage in the history of the International Criminal Court. In the trial proceedings, it came clear that labelling forced marriage would be challenging. The Defense argued in favor of categorizing this conduct under sexual slavery. On the contrary, the Judges considered forced marriage as an independent conduct that should be prosecuted under the category of other inhumane acts. Taking into account the principle of fair labeling, this article seeks a fair label for forced marriage as an international crime. For this purpose, following the conceptualization of forced marriage, the fair labelling principle is studied. Then, this article analyzes labeling forced marriage as an indistinct crime from pure sexual crimes. As will be discussed, due to the expressive function of the Court, forced marriage should be charged independently to represent separate harms inflicted to its victims.

Despite obvious differences between transsexuals and other social minorities, they are face fundamental human rights violation from birth. Neglect or misbehavior of the parents in the family as the first and most important center of society-, is a headline for the incorrect continuation of this practice in schools, workplaces and social activities of transsexual children. In most societies, transsexuals are considered to be homosexuals or transvestites from birth, but the reality is that transsexuals are neither homosexual nor transvestite; the difference is in the gender identity of these patients. Due to the lack of public understanding of this distinction in the societies and despite the support provided by the Convention on the Rights of the Child, which explicitly includes transsexual children, these patients always suffer from widespread violations of their fundamental human rights within the family, school, and other social institutions. One of the most effective tools of the Committee on the Rights of the Child (as a Supervisory body of the Convention on the Rights of the Child) to protect the rights of transsexual children is the legal authority to General comments of the provisions of the Convention, which plays an important role in guiding member States to reform the cultural, social and economic structures and approaches of societies.

The present article is based on the analysis of the cases of the European Court of Human Rights and an impartial study of the functions and positive and negative effects of free abortion -with minimal restrictions- regardless of the moral, Philosophical or religious basis; to find out which of the two perspectives on the widespread limitation of abortion, or its widespread licensing, can be most beneficial in practice for the family or society as a whole.The present article is based on the analysis of the cases of the European Court of Human Rights and an impartial study of the functions and positive and negative effects of free abortion -with minimal restrictions- regardless of the moral, Philosophical or religious basis; to find out which of the two perspectives on the widespread limitation of abortion, or its widespread licensing, can be most beneficial in practice for the family or society as a whole.This study first shed light on the European Court of Human Rights' approach to abortion, and under two headings, in an analytical and functionalist manner, enumerates the positive and negative effects of abortion on society. Gender-based abortions, abortion and the exploitation of women, tourism and the abortion industry are just a few of the abusive functions of the free abortion in society that have even gradually reduced the European Court of Human Rights' practice to restricting abortion laws; in conflict with the mother's wishes, the life of the fetus, the rights of the potential father, and other factors, the European Court of Human Rights has preferred a balance between all the interests involved rather than the wishes of the mother.

This research is focused on legal ways of elimination of domestic violence against women; Ways which are practical and applicable in the legal system of Iran without conflicting with cultural and social circumstances. It takes place in the family privacy and perpetrator is a family member which is in intimate relationship with victim. Therefore most of anti-crime monitoring bodies (such as police), sanctions (such as imprisonment and diya), and traditional legal evidence (such as witness and document) became useless and inapplicable. Methodology of present study is descriptive-analytical; in this way foreign Acts are described by substantive classification. This approach emphasizes on the Acts of the Islamic countries. By the comparative study gaps of the legal system of Iran are analogized and solutions to fill them are suggested. Results prove that domestic violence against women is a matter of public sphere and fighting against it requires political intention and legal creativity. There are many ways to support women in domestic violence cases, such as allocation enough budget, participation of civil society organizations, recognition and criminalization all kind of domestic violence, immediate reaction to reports, ratification supportive creative orders, compensation all damages to the women and put the burden of proof on the accused.

Most scholars and researchers interested in China have researched about economic development, foreign policy, competition and cooperation between China and the United States and other major powers, and various scenarios for the transfer of power from the United States to China. An area that has received little attention is the issues related to democracy and human rights in China. The purpose of writing this article is to examine issues related to the place of human rights in domestic law and the country's approach to international legal order based on liberalism. The question of this article is: what components is China's approach to the liberal human rights order in the world based? The hypothesis of this article, which tries to prove it using analytical and explanatory methodology, is that China emphasizes the conditions and characteristics of each country by criticizing the liberal human rights order and the dual policy of the West. China's human rights order stems from the Beijing Consensus on multinational relations, economic relations between actors, and political differences and national and regional cultural diversity. From the perspective of China's executive elite, the common framework of this order is not based on homogenization and globalization that lead to hegemony, but on the simultaneous recognition of commonalities and differences between global actors.

Can a State that has not been Injured by the violation invoke the responsibility of the responsible state? This is a question that was discussed years before the final approval of the Draft of State Responsibility in 2001, and was eventually reflected in the wording of Article 48 of the Draft. Accordingly, the Gambian instituted proceedings against the Myanmar in violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide with a request for provisional measures on 11 November 2019 at the International Court of Justice. On 23 January 2021, the Court issued the provisional measures. This decision contains significant aspects, including the effect of the nature of the asserted rights on having a position in the litigation and the threshold for qualifying for provisional measures. In this paper, in the light of the Court's case-law and doctrine, we examine these two important consequences in the light of the impact of the nature of the rights claimed in the proceedings before the Court in general and the provisional measures in particular.

Since 2017, the Republic of the Union of Myanmar has carried out severe repressions against the Rohingya people. These atrocities resulted in numerous international reactions from the States, international organizations, NGOs as well media. This article evaluates the proceedings of the International Court of Justice (ICJ) in the Gambia v. Myanmar case and the Bangladesh/Myanmar situation in the International Criminal Court. The International Criminal Court (ICC), with its extensive interpretation of the 1998 Rome Statute, found the cross-border element necessary for the perpetration of certain crimes, and despite Myanmar's non-membership in the Statute, the ICC found its jurisdiction over the crimes committed during the deportation of the Rohingya from Myanmar to Bangladesh. Meanwhile, the ICJ for the first time is facing a Case which is brought before it by an indirect victim State i.e. Gambia who has based all its allegations on the mysterious concept of violation of obligations erga omnes partes. This paper first provides summarized information on both pending proceedings and then will examine the challenges that international law has to find a proper solution for the Rohingya crisis through these judicial and criminal adjudication processes.

Unilateral US sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian human rights, and in particular to the challenge of economic rights. It does. The present descriptive-analytical study seeks to answer the question of on what grounds the US government can be committed to respecting the human rights of Iranians in the face of unilateral sanctions. It is necessary to prove this commitment because the international responsibility of the state depends on conditions such as proving the existence of the obligation and then violating it. The findings show that in the case of Iranians living in Iran, these commitments are extraterrestrial in nature and in particular involve a breach of commitment to respect and international cooperation. In the case of Iranians residing in the United States, the US government is committed to respecting and respecting these rights in its territory, and in relation to Iranians residing in third countries, there is a mix of US extraterritorial commitments and territorial commitments.