جستجوی مقالات مرتبط با کلیدواژه "international documents" در نشریات گروه "علوم انسانی"

One of the indicators of people's responsibility in criminal law is age. The purpose of this research is to examine the criminal responsibility of children in Iran based on international documents, which is of the type of theoretical research and using descriptive-analytical methods based on library studies for the comparative description of the subject and related subjects. In the criminal justice system of Iran, many legal changes have been made in the field of determining the age of criminal responsibility, and different standards of juvenile crimes and different accountability systems have been adopted, which are more or less observed in international documents and regulations. The Iranian legislator has placed the index of criminal responsibility on another criterion, which is the age of sexual maturity. However, there are shortcomings and loopholes in the legal articles, due to which the Islamic Penal Code approved in 2012 faced issues related to the criminal responsibility of children. Among these, is there a logical connection between maturity and the age of criminal responsibility? Why does the legislator consider committing a crime that requires punishment or compensation to be relatively criminally responsible, and according to Article 146 of the Islamic Penal Code, minors are not responsible? In this article, by answering these questions, criticizing the rules of the maturity of criminal responsibility of children and explaining their shortcomings and problems, while examining the relevant international documents, they suggest solutions related to eliminating or reducing the criminal responsibility of children.

Contractual relations between persons are under the rule of laws and Shariah, the text of the contract and customs, and the disputes of the parties are settled based on these sources. Ethics in contracts can be examined from two aspects. First, ethics as a legal source to be cited by the judge in issuing a decision, and second, ethics by each of the parties in contractual relations that must be practiced. Although the execution time is not one of the basic elements and reasons for the formation of an obligation, just as its absence is not considered as an obstacle and the obligation is correct with these characteristics, but the problem is that the jurists are unknown, hesitant, uncertain, the ambiguity of the execution time, even the delegation of authority. The time of execution to the obligee is considered invalid based on paragraph 2 of Article 233 and Article 401 of BC due to the spread of "ignorance to other parties" and the creation of "gharar". Whereas, the above articles do not imply invalidity not only by verifying the intention and identifying the issue of the obligation, but also along with other factors and tools to verify the time of implementation, the time of the obligation can be determined and the liquidation of the obligation should be considered only limited to the external factor. As the international documents in question (Convention on the International Sale of Goods, Principles of European Contract Law, Principles of International Commercial Contracts and Common Reference Framework Plan) are like this. With new arguments, while examining the role of time in commitment, the present research discusses the effect of its lack in commitment and seeks to prove that the performance time that can be determined from the commitment and the performance time that can be determined with the help of the new interpretation, are similar to the performance time effects. It is determined by the obligation that under these conditions, the obligation is based and in case of violation of the obligation, the obligee can resort to the obligee for any of the compensation methods, unless a serious external factor occurs during the execution of the obligation, which in these conditions or during the life of the obligee is terminated or, contrary to the opinion of jurists, it is justified by good faith and fair behavior and the obligation is adjusted.

The field of public procurement is particularly vulnerable to corruption. Therefore, many international documents regarding the fight against corruption in public procurement have been approved. The aim of this research is to examine the status of the social solution to prevent corruption in public procurement in international documents and the domestic legal system of Iran and provide suggested solutions in this field. This research is practical and with the descriptive-analytical method and library information collection tools, it examines the status of preventive social strategies in fighting corruption in public procurement in Iran's legal system. The findings of the research show that the most important solutions for social prevention of corruption in public procurement, based on international documents and standards, are guaranteeing the right to freedom of expression, public access to the information of government institutions, civil society participation, developing a code of ethics and improving the living conditions of government employees based on inflation. The result is that the social prevention of corruption in public procurement is due to the current restrictions on freedom of expression and public access to information of government institutions, the restrictions related to the participation of non-governmental organizations in the fight against administrative corruption, as well as the government's inability to stabilize Economic and inflation control situation in Iran is not favorable.

The criminal policy is separated and modeled based on the reference criteria - freedom, power, and total domination. Freedom is the basic criterion in the freedom-based criminal policy model. The approach of international instruments is to promote this criterion in the criminal policy of countries. In this model, with the distribution of power among the different components of the governance system and the establishment of mutual supervision, some indicators are defined for the police's ability to fulfill legal duties and observance of the legitimate freedoms of the citizens. In freedom-based models, by predicting some indicators, a balance is tried to be established between the legitimate freedoms of the accused, the interests of the society, and the performance of the legal duties of the police. The activity of the judicial authorities and police within the framework of law by prior authorization of law; the supervision of the police activism and the police intervention in the affairs of citizens based on the principle of necessity are some of the indicators that freedom-based systems have defined and identified for police activity. By studying the international instruments, the constitution, and criminal laws of Iran, it can be said that the model accepted in Iran's criminal policy, in the stage of crime detection and preliminary investigations, is the freedom-based model. This research, with a descriptive-analytical method and using library resources, has sought to identify and explain the indicators of police activism in the freedom-based model of criminal policy.

Losses and losses that occur from defamation of dignity, reputation or damage to the social or personal reputation of a person and lead to physical, mental and emotional injuries are known as spiritual damage. Compensation for the moral damages of the victims of obvious violations of human rights is one of the well-known fundamental moral principles of human rights. In this research, the aim is to investigate the moral dimensions of moral damage in the victims of human rights violations and the methods of compensation in international documents.

Since the methods of compensation for moral damage in international documents are more diverse compared to domestic laws, studying these documents will facilitate the identification of commonalities, differences and points of silence in domestic laws. These studies will help to interpret, modify, adjust the differences and fill legal gaps regarding non-material methods of compensation. In order for the victims to make their voice heard by the compensation trustees, there are various mechanisms available. In fact, all the documents and organizational structures of the United Nations, including binding and non-binding documents, as well as its specialized committees, are on the right to compensation for the victims of violations. Human rights have been emphasized and only the type and amount of compensation has been proposed depending on the nature of the damages and the needs of the victims.

The right to freedom is one of the most fundamental human rights and reflects the universal ideal of justice in a society where every human being can enjoy freedom and live an honorable life with peace, security and prosperity. This research, with an analytical method and a comparative approach, seeks to determine the position of freedom in the Qur'an and international documents in a comparative manner. International human rights documents, which were mostly compiled after the Second World War, are mainly based on the ideal of human freedom, and the most important of them is the Declaration of Human Rights (1948 AD).Regarding the relationship between freedom in the Holy Qur'an and the most important international human rights documents, a group believes in divergence and conflict, and some consider them convergent; But what is certain is the existence of similarities and problems between many human rights documents and the verses of the Holy Qur'an about freedom, and the Holy Qur'an contains many materials of the declaration of human rights and also the most important religious document about having the right to various freedoms for is human; Although it is not consistent with it in terms of principles.

Today, in the legal literature of the modern state, the rights and privileges of citizens have a high place. Some have divided citizenship rights into three categories: civil, political and social rights, which include the most important rights of citizens. Since the constitution is a kind of instrumental mechanism to guarantee social order, provide the wishes of the individual and the limits and scope of the government's authority, its purpose is to protect the public and individual rights and freedoms of human against the inherent aggression of the political power structure. In the discussion of the constitution and citizens' rights, it is both rational and appropriate to accept a definitive assumption that no constitution can inherently remain silent regarding the rights of citizens; Rather, the most fundamental part of any constitution is declaring the basic rights and freedoms, especially the political rights, of citizens. In the legal system of Iran, the rights and privileges of citizenship were considered and taken into account first in the amendment to the constitution, then with the occurrence of the glorious Islamic revolution and the foundation of the Islamic Republic system, the political rights of citizenship were broadly and explicitly included in the constitution of the Islamic Republic of Iran was considered. On the other hand, in international law, especially in international documents, it recognizes the rights of individuals and especially the political rights and obligates governments to comply with these international rules. Based on this, the researcher, with the descriptive-analytical and data collection method, following the nature of the research, the library method, seeks to answer the following questions: Has the constitution legislator predicted political examples of citizenship rights in the constitution? Are these examples used in international documents? And what affinity can there be between them? Anyway, after reviewing the materials, it can be seen that the legislator has considered examples of political rights for citizens both in the constitution and in international documents. These examples have a lot of similarities considering that human nature and human being are meant to be human.

Some consider buying and selling a filter breaker a crime, citing Article 25 of the Computer Crimes Law, but it is not included in this clause because using a filter breaker is not only for committing a crime. The purpose of this research is to criminalize filtering regarding the right to employment and business using existing platforms according to Iranian law and international documents and the hypothesis is that; How effective is the criminalization of filtering for people who use the platforms for business. In Article 28 of the Constitution; People have the right to choose a job that is not against Islam and public interest and it is the duty of the government to create the possibility of employment under equal conditions for everyone and similar to Article 23 of the Universal Declaration of Human Rights, which states the right to work, fair and satisfactory conditions and also Article 6 of the International Covenant on Economic, Social and Cultural Rights, which states parties Covenants should recognize the right to operate freely for businesses and take appropriate measures And the laws and policies related to the filtering of business platforms should be in such a way that information is realized in a comprehensive way. And the religious and cultural organization of the nation will also be protected. The research method is descriptive-analytical and using library method.

Violence against children and adolescents is one of the topics that is often raised as a violation of human rights. This problem exists globally and especially in underdeveloped countries, and it creates extensive negative consequences not only for its direct victims, but also for family members and communities. Considering this issue, the aim of the current research is to examine the position of the prohibition of domestic violence against children and adolescents in the light of international documents.

The current research is of a theoretical type and has been carried out with a documentary method. The data has been collected in a library form through bibliography and data collection and finally analyzed.

Domestic violence against children and adolescents is significant from two perspectives: one from the perspective of the right to health and the other from the perspective of prohibiting discrimination and not paying attention to the position of children and adolescents in the family. Committing domestic violence against children and teenagers violates examples of fundamental human rights. Fundamental human rights in the literature of international human rights have a mandatory description. Governments are obliged to fight against this phenomenon and take the necessary measures to prevent it from happening, and if it happens, to follow up and punish the perpetrators through legal means.

The Convention has played an effective role in defending children's rights, but it has shortcomings in areas such as weak structural coordination, executive guarantee, theoretical foundations and definitions, and the non-deterrence of declared punishments. In many aspects, the Law on Protection of Children and Adolescents 2019 provides adequate coverage for the obligations arising from the Convention on the Rights of the Child.

Legislators have been involved in several disputes over the methods of determining responses in criminal juvenile laws to adopt logical plans and policies; as a result, various models have emerged for the penelisation of juvenile delinquency. The most common models represent justice and welfare. The justice model emphasises the acceptance of strict punishments used for intimidation or entitlement, whereas the welfare model seeks to improve the behaviour/personality of juvenile delinquents by guaranteeing the right to rehabilitation. This paper addresses the following question: What penalisation model is accepted in both the laws of Iran and the international human rights system for the differentiation of criminal justice? In this study, a descriptive-analytical method is employed to answer such questions by reviewing national and international laws from a comparative perspective. Research findings indicate the normalisation of the welfare discourse in various regulations of international documents, which reflect individualisation, pluralism of de-incarceration leniency, and absolute prohibition of strict approaches. By contrast, Iran’s legislative discourse tends to adopt opposite models due to the nature of juvenile delinquency. In other words, the justice model and the alternative model are accepted as the dominant penalisation models based on the possibility of applying physical punishments and guaranteeing the right to security in sharia-related crimes as well as individualisation and freedom deprivation centrality in punishments.

At 1:07 a.m. on January 13, 2018, the United States Army assassinated Lieutenant General Qassem Soleimani, Abu Mehdi Al-Muhandis and other companions in an operation called Azarakhsh Kobood on the orders of Donald Trump. This paper tries to analyze the uncertainties related to the justifications of the United States in the assassination of Lieutenant General Qassem Soleimani, Martyr Abu Mahdi Al-Muhandis and other companions from the perspective of international law, using international principles and instruments on various issues of terrorist acts and the justifications of the American government in the assassination of Lieutenant General Soleimani, and to the questions related to whether the action of the United States is justified in the principles of legitimate defense, was it in accordance with international treaties? Using a descriptive-analytical method, based on library resources, the violation of international rules and the sovereignty of the Iraqi government in the martyrdom of Lieutenant General Qassem Soleimani has been investigated. As a result, the action of America in the assassination of Lieutenant General Hajj Qassem Soleimani, citing international principles and documents, while violating the sovereignty of the Iraqi government, is not justified and legitimate.

The purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission.

Cultural rights, as the second generation of human rights, have always been an important subject in domestic legal systems and international law, to the extent that they have been highlighted and given attention in domestic laws and international documents. The extensive and diverse nature of cultural rights has prompted governments to regulate necessary laws and regulations based on the cultural identity of their society and to assist in its preservation and promotion. Despite the existing challenges, the Islamic Republic of Iran has always endeavored to enhance cultural rights. In this research, The promotion of cultural rights within the Islamic Republic of Iran using the descriptive- analytical method is examined. The findings of this study indicate that substantial efforts have been made in Iran to promote cultural rights, and the accomplishments resulting from these efforts have contributed to the advancement of cultural rights in the fields of education, attention to the country's religious culture, and the realization of the slogans of the Islamic Revolution and more.

Nowadays, the laws and regulations related to the rights of prisoners in the domestic and international arena are predicted and implemented with greater importance and dimensions than in the past. A prisoner is a human being and has human dignity, and by imprisonment, only his physical freedom is taken away and his other citizenship rights must be preserved, therefore respecting the rights of prisoners and behaving by human rights towards them, according to domestic and international laws. It is very important. The purpose of this research is to explain the rights of prisoners with an approach to domestic and international institutions. International institutions in charge of prisoners' rights include Amnesty International, Committee for the Prevention of Torture, Committee against Torture, and Human Rights Watch, and some domestic institutions that are active in the field of prisoners' rights include: Prisons Organization, Welfare Organization, Judicial organizations, non-governmental organizations, after-care centers. Accurate and correct implementation of the constitution, the executive regulations of the prisons organization and security and educational measures of the country approved in 1400, the law respecting legitimate freedoms and protection of citizenship rights approved in 1382, paying attention to the material and spiritual rights of prisoners as well as monitoring and developing new regulations as There are solutions to preserve the dignity, reputation and personality of prisoners. The type of research in this research is theoretical and its method is descriptive and analytical.

Today, one of the important challenges facing legal issues is how to enact laws in order to systematize new technologies. The technology of sex selection, as a phenomenon that can have wide legal dimensions, has faced the challenge of the lack of specific and binding laws in Iran. Although the technology of sex selection is one of the study topics in the field of medical law, it has different dimensions and effects that can be discussed from a social, political, cultural and even economic point of view. The issue is that in the framework of the legislation of this technology, different dimensions such as the limits of legitimacy, applicable restrictions, human rights rules, contractual governing system, population policies should be taken into consideration and according to the social and cultural realities of Iran, precise solutions should be taken in order to normalize it. To be presented. This article seeks to explain these issues with the help of analytical-comparative method by studying the laws of other countries and international rules, and by analyzing the current legal system of Iran in the field of this technology, it aims to present the general outline of the legislation regarding the sex selection.

The right of access to a lawyer is recognized as one of the fundamental human rights in the domestic and international system and plays an important role in ensuring criminal justice and protecting individual rights, but its implementation is accompanied by challenges. We also see the acceptance of this as an accepted principle in domestic systems. This research has explained the basics of the defense rights of the accused in access to a lawyer in international documents and also in the European Union.

This research is written in a descriptive-analytical way.

The right of the accused to be informed of his rights and the right of access to a lawyer are among the rights that are mentioned in many human rights documents. It has existed in different systems and of course it can be seen in the criminal policy of the United Nations. The defense rights of the accused in access to a lawyer have been considered and evolved in international documents in various international meetings, and its practical effects can be seen in various international documents. Although it seems that the actions of the European Union in providing the defense rights of the accused in access to a lawyer are respected, but the report of the European Union Agency for Fundamental Rights shows that all the member states of the European Union covered by this report tell the accused about their rights. They do not inform in different ways. The practice of the European Court of Human Rights also confirms that the right of access to a lawyer guarantees that the stages of the preliminary investigation of the accused as well as the trial process are conducted in a fair manner.

On the one hand, the right to employment of the disabled is a concern of most general and special human rights documents, both international and regional, based on citizenship considerations, and on the other hand, due to the specific physical and mental requirements of citizens, it may require special commitment from the governments. , based on behavioral considerations and support requirements. In the meantime, the principle of equal employment opportunity and the principle of prohibition of discrimination, which are the most fundamental principles in all human rights documents and domestic laws, target the government as a responsible and committed institution, and it means that the government's commitment in the field of disabled people's rights is justified Positive discrimination requires a reinterpretation of rights and duties. In Iran's legal system, according to the comprehensive law on the comprehensive protection of the rights of the disabled, almost all governmental, semi-governmental bodies and organizations, public and revolutionary institutions and even sometimes private and non-profit organizations are required to provide cultural, economic, social and educational support to the disabled citizens. The title of the first law, which has such a broad view on the issues of the disabled, is important. Despite this, shortcomings are observed in the implementation of policies and laws, including the employment of disabled citizens in jobs that they have the talent and ability to do because they do not have the appearance accepted by the society.

Right is the most central concept of legal science, the ambiguity in its definition and description causes misplaced expectations and, as a result, the feeling of injustice. According to the abstract concept of right, the researcher should go to analytical tools to get rid of the misconception, using Hofeld's theory in identifying and expanding the types of rights helps the researcher.The right of the child has been given special support by the institution of society due to their special position in the foundation of the future of human society on the one hand and their vulnerability as the first ones who are exposed to the direct attack of harm. Of course, how children's rights are violated is different in different parts of the world. In developing countries, children mostly face poverty and its consequences such as malnutrition, lack of health, medical and educational facilities. And in developed countries, moral problems and the weakness of the family foundation plague them. In any case, the main players in this arena, namely the family, the private sector, and the government, should try to protect everyone from this concept in an all-round interaction.Loneliness, depression, anxiety, low self-esteem and physical problems such as diabetes and dry eyes are some of the possible problems of children in excessive use or early entry into cyber space.Addiction to this space has reduced the child's motivation to interact with others, which has negative effects on his (her) personal communication and social interactions. One of the easiest ways to prevent this problem is to limit the time you use the Internet.The expansion of cyberspace and the great impact of this field on the life and norm of the need to protect the rights of the children in this field, The author's attempt in this article is to use the descriptive and analytical method to identify the right and its analytical structure, define the child and virtual space and health and health and also identify his rights in the relationship between the child and the virtual space in the relevant laws of Iran and Other international laws and documents are discussed and called for moderationIn the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed

Drug trafficking is a global illegal business that includes the cultivation, manufacture, distribution and sale of substances that are subject to drug prohibition laws. Drug trafficking as one of the criminal and illegal activities is carried out by organized criminal groups and causes abnormalities in behavioral, social, political, economic and even family fields. But what makes this deadly phenomenon as a global challenge, threatening national security and It has become an international and influencing factor on the mental, physical and moral health of people, the spread of smuggling and its trade at the domestic and international level.

The current research is applied in terms of purpose; And in terms of descriptive-analytical method.

Iran's legislative policy towards drug trafficking has always been based on criminal and repressive prevention, in such a way that in determining the punishments, the amount of social ugliness of the act, the character of the perpetrator, human dignity, the type of crime and human rights standards, which are the criteria for proportionality of punishment is not noticed; This is despite the fact that Iran's legislature, by accepting some international documents to create the capacity of the criminal law realm, has not adopted a single criminal policy against drug trafficking from the very beginning. Some times, he has even tried to decriminalize some former crimes.

While adopting reactive policies against drug trafficking at the local, national and international levels by using diplomatic, military, intelligence and law enforcement capacity to prevent drug trafficking, identify criminal networks and prosecute traffickers, alternative development programs such as The product is made for the illegal cultivation of herbal medicines.