فهرست مطالب latifeh hosseini

The constitution at the top of the hierarchy of laws has played an influential role in explaining the human rights status of women in any society. the status of women's rights has been one of the concerns of the Republication Islamic of Iran since the adoption of the Constitution of the Islamic Republic of Iran from the very beginning, the role and position of women in advancing the lofty goals of society based on religious values was considered. welfare rights for women are one of the subject discussed during of the constitution of the Islamic Republication of Iran. the main purpose of this study is to investigate the position of women's welfare rights in the Islamic Republic of Iran's Constitution. In the present article, this research question has been investigated which according to the principles of the Constitution of the Islamic Republic of Iran, what are the welfare rights of women in terms of the gender justice and the equlity opportunities and what are the priorities of the law for them? The present study aims to examine the issue of demands for welfare rights in the field of social security for women in Iranian society as important human resources in the structure of the current constitution by using an analytical approach and library resources. The present investigate the welfare demands of Iranian women with the process of protective foundations mechanisms in welfare rights and livelihood security for women couldbe help to makepowerful them in the society. Their foundemental needs as right-wing citizens are a issue that is meant to represent the constitution's capabilities and agendas based on ideals and understanding of the responsibility of social protection for women.According to principle of responsibilty based on standards of human rights and compliance with legal obligations, governments cannot be indifferent to women's citizenship rights and livelihood destiny.Women's welfare rights are one of the topics discussed during the adoption of the Iranian constitution after the Islamic Revolution. the Constitution as a connected bed in the welfare rights of women with establishing the gender justice and formating such opportunity that they would be creat role in all region of human rights. Thus,the constitution at the top of the pyramid laws,so weighing the transfer of values and principles of democracy has had an effective role in explaining the human rights status of women in every society.In The results indicte that the four decades of experience of the sovereignty the Islamic Republic of Iran and the achievements of the constitutional system based on national-religious values in the light of the divine caliph's approach to human sovereignty indicate that women in the welfare economy system as citizens in Iranian society have social security in various fields women.

The situation in Afghanistan has a geopolitical status and its events attract the attention of the world's great powers. Military offensives, arbitrary detentions, forced relocations, intimidation, insecurity, and the disenfranchisement of Afghan women, children, and men were some of the actions that took place in August 2021 when the Taliban took control of Afghanistan.However, the sovereignty of a state must include a commitment to protect those under its authority. When a government does not fulfill this commitment, it must expect the reaction of the international community. This article seeks to describe the recent situation in Afghanistan in a descriptive and analytical manner, emphasizing the need for the Taliban to fulfill their human rights obligations to the Afghan people, Introduce the possibility of applying the doctrine of protection responsibility as a way to end the plight of Afghans, Finally, it becomes clear that the responsibility to protect requires a positive commitment inherent in the traditional concept of sovereignty of states. Sovereignty is not only a right but also a responsibility under which a state is committed to safeguarding and respecting the rights of those under its jurisdiction. In this way, in the dialectical relationship between sovereignty on the one hand and human values on the other, the antithesis of the responsibility of protection can be presented.

Western theorists view the principle of self-determination as a reading of liberal-democracy systems and presuppositions of individual rights and freedoms. The Naini and Ja’fari have divergent perspectives. Such a mechanism is confronted by the paradox both fundamentally and in the case of political theories in the west. This study’s primary objective is to investigate the right to self-determination in light of the fundamental rights derived from a common theoretical core shared by two thinkers in shite. This research is qualitative and descriptive-analytical, and the library method was chosen due to the subject matter and the character of the documents. According to the findings of the study, the principle of theochratic sovereignty has been the foundation of the value-based democracy, and Ja’fari considers it to be essential to a reasonable human existence. However, the decisive chapter is actually Naini’s belief in the right to choose and the opportunity to affirm the legitimacy of sovereignty by the public or the people.

The principle of inclusiveness requires that everyone have access to social security- the right to welfare. Yet, there are certain groups who do not have access to it or are treated with discrimination. The present study aims at examining equality in accessing social security- as a human right- for certain vulnerable groups. A use was made of an analytical-descriptive method in studying the current situation of the Iranian social security system in terms of its success in the application of “the principle of equality in social security for certain groups" with deference to human rights criteria. Findings suggest that generalization and spread of social security to all of a society nest serious problems which in turn leave some segments deprived of access to social security. Iran's legal system of social security should pay special attention to groups that are conventionally in a position of weakness, and the government should establish an efficient system for access to social security for vulnerable people.

All human beings, irrespective of any restriction, race, and nationality, have the right to enjoy minimum living facilities and be protected against social dangers and harm. Hajj is one of the obligatory religious rites that Muslims are eager to perform. The Saudi government, as the host, is obliged to respect and guarantee all pilgrims’ rights. The rights of pilgrims in the Hajj rituals have different aspects; one of the most important rights is the right to medical insurance, because unpredictable events may occur while performing the Hajj rituals, as a result, pilgrims’ bodies and souls may get hurt and may even lead to their disability or death; in which case, while losing the spiritual etiquette of the rituals, exorbitant costs are imposed on the Hajj pilgrims. To prevent such incidents, although, the Saudi government is required, in the first place, to provide health facilities for the pilgrims; the realization of using health insurance is another measure that the Saudi government is committed to guarantee during the Hajj rites. The results of this descriptive-analytical research show that the right to health insurance, as one of the important examples of social security, is one of the basic and important rights of pilgrims; and governments, including the government of Saudi Arabia, as the host government, must adhere to the principle of equality and equitable distribution in exercising the pilgrims’ rights to health insurance. However, there are shortcomings and obstacles in the implementation of this right.

Hajj, as one of the significant religious-political practices, is of special importance in Islam. The pilgrims’ health right is considered as an important and effective factor in performing the rituals of Hajj. Therefore, explaining the nature of the tools to ensure the pilgrims’ health right in Islam and the system of human rights, this descriptive-analytical study examines the human rights-supportive mechanisms regarding the health right in Hajj rituals.The study aims to analyze the tools of guaranteeing the health right in the two different systems. Studies show that, despite the priority of the Islamic rules and regulations and the existence of international conventions and legal protections, the legal protections of the host state (Saudi Arabia) suffer from shortcomings and deficiencies. However, to guarantee the pilgrims’ health right and remove the obstacles and challenges, it is necessary to rethink the dynamic Shi’ism, religious ijtihad, and sympathy and integration of Muslim states especially Saudi Arabia.

Despite the advances in the Western human rights in recent years, Not only violence against women remains but its scope and dimensions have been extended. This issue comes at a wider scale when women are targeted at domestic and international armed conflicts. Since the suffers and injuries of this semi-human population have an impact on the health and well-being of communities, The efforts of religious thinkers and scholars to develop and implement legal-operational solutions are required. The present paper uses an analytical-adaptive method while answering the question “What are the legal protections of women in armed conflicts? “And Review the legal and supportive mechanisms of women in armed conflict within the Islamic system and the international humanitarian law system. Studies have shown that despite the adoption of several conventions, several years of international support, laws and legal protections, in addition to deficiencies, lack executive guarantees.Meanwhile, Islam’s legal-support mechanisms, in addition to wisdom, widespreadness, double enforcement, and some unique privileges, still enjoy superiority. However, in order to ensure the rights of women and to cope with the obstacles and challenges ahead, a revision of the dynamic of Shiism and religious ijtihad is required.

Although ECHR and first protocol contains a provision concerning right to freedom of religion and freedom to practicereligion as well right of parents to choose their children’s religious education, permission of derogating from their obligations result in providing margin of appreciation by contracting states in order to interpret and apply mentioned rights. It may not be going too far to say that one does not understand the margin of appreciation unless one obtains a proper appreciation of widespread application of the principle of proportionality. The interaction between the principle of proportionality and margin of appreciation is of significance in securing the right to freedom of religion by contracting states. This article shall examine the status of freedom of religion and its scope in European system. In the light of resent cases, Having defined how European courts will ascertain scope and extent of margin of appreciation, we shall deal with this question ofhow d European courts synthesize a dialectical relationship between the general interest of society and the interests of individuals? It seems that the Court, in many cases, seeks to synthesize the principle of proportionality and establish a fair balance between ensuring the individual rights on the one hand and the society's necessities as well as the intended purpose of state on the other.

The international human rights law on nationality and statelessness has developed through the adoption of a number of international and regional instruments during the twentieth century. This indicates the effect of stateless status on human rights protection is beginning to receive attention at the international level. There is a developing relationship between involuntary changing of nationality and statelessness. This proposition takes in to account the current United Nations agencies and human rights instruments on women nationality and on reducing statelessness among women. International law did not impose any limits on states to avoid women’s statelessness until the 1930 Hague conventions on conflict of nationality laws and the 1930 Hague protocol on statelessness. This article shall examine how these international human rights instruments signify a shift away from the primacy of state sovereignty on nationality and stateless issues. In doing so it concludes international human rights law impose limits on state sovereignty on nationality. Todays under international law the powers of a state to confer its nationality and to withdraw nationality is not unlimited. International law limits imposed on state sovereignty on conferral and withdrawal of nationality would help to reduce statelessness among women.

Economic regionalism in form of regional trade agreements has been dramatically increased since early 1990. These agreements may confer several possible benefits on their partners, including credibility, bargaining power, insurance, and coordination. These diverse agreements range from customs unions to free trade areas to nonreciprocal preferential agreements and differ substantially in their scope and treatment of issues such as labor and capital mobility, investment, and trade on goods as well services.This article addresses the costs and benefits of regional agreements for the order of universal trade through descriptive- analytic way. It focuses on the international law including related international instruments too. It concludes by examining the achievements and effects of North American Free Trade Agreement and the Europe Agreements notably European union. In doing so functions of the mentioned regional arrangements will be taken in to account.This essay shall not only to examine the constructive evolution of economic regionalism by assessment of its interrelation and conflict with the order of universal trade and the negative effects this increasing process faces with, but also to suggest that Economic regionalism may result in progress of universal economy security.