جستجوی مقالات مرتبط با کلیدواژه « civil rights » در نشریات گروه « علوم سیاسی »

Citizenship rights are an important and influential issue in the contemporary world, which has different dimensions. In this context, the laws of the countries on the one hand and international documents in the form of human rights issues on the other hand, try to regulate the rights and needs of people in different societies without considering ethnic, racial, religious and linguistic considerations. give In the Constitution of the Islamic Republic of Iran, although it is not explicitly mentioned under the title of citizenship rights, there are clear signs of recognition of the nation's rights, including the right to freedom of speech, assembly, participation, and the right to self-determination, equality, and justice. Covers In addition, in the opinions of the founder of the Islamic Revolution of Iran, various aspects of citizenship rights have been proposed based on religious and jurisprudential attitudes, which require a detailed explanation and recognition in the light of contemporary developments and conditions. Considering the importance of the nation's rights in the eyes of Imam Khomeini (RA) and internal laws, including the constitution, the discussion of citizenship rights or the nation's rights is an obvious necessity for the political system of the Islamic Republic of Iran in different periods, including the fourth period of the Islamic Revolution. In the present research, the aim is that citizenship rights, in addition to requiring changes in the light of time changes and along with political and social requirements, require adherence to fundamental principles that can protect the rights of citizens in any situation, without ethnic considerations. , support linguistic, sexual, racial or extra-legal matters. Therefore, one of the requirements of citizenship rights is to rely on principles and rules that provide the ability to transform into inclusive, comprehensive and at the same time diverse laws for pluralistic societies such as Iran. From another point of view, it should be said that the analysis of the state of citizenship rights in the fourth decade of the Islamic Revolution can make it possible for policy makers and educational, legal, legal and media practitioners to provide conditions to shed light on previous weaknesses. , the damages related to the realization of citizenship rights should be removed and the ground should be provided for possible revisions in future decisions and plans. In addition, what is mentioned today under the title of "public good" is beyond the various dimensions of citizenship rights, which can be considered as a framework for identifying examples of citizenship rights and their plan for the fourth decade of the Islamic Revolution.Research background Ramezanipour and Ismaili (2019) in the article "The position of citizenship rights in the political style of Imam Khomeini (RA) and Ayatollah Khamenei, focusing on the three components of the right to freedom of speech and opinion, the right to participate in determining one's destiny, and the right to party and organize They concluded that the view and action of Imam Khomeini (RA) is a value view based on freedom of thought and action. Also, Ayatollah Khamenei has considered civilization to be impossible without freedom of thought. The discussion of maximum participation in practice has been emphasized by both cases. Afshar Ahmadi et al.'s article (2017) entitled "Individual rights of citizenship in the Islamic Republic of Iran with the jurisprudential approach of Imam Khomeini (RA)" has stated that individual human rights including the right to self, recognition and realizing the true position of the individual as Ashraf al-Kharqat, and also by referring to verses and traditions, recognizes the rights and property of citizens in the society as the foundation of the system of citizenship rights in his jurisprudence. Ansari and Nazari (2014) in the article "Basics and principles of citizenship rights in the thought of Imam Khomeini (pbuh) and its differences with citizenship rights in the West" pointed out some differences that are specific in the opinions of Imam Khomeini (pbuh) Achieving basic freedoms by considering the right to good and forbidding evil as a universal duty (extreme freedom), active and effective participation of women (against extreme feminism), paying attention to the rights of ethnic, racial and religious minorities. Oppression of minorities in the West) and attention to virtue-based citizenship training (against superficial citizenship in the West only for participation) are mentioned. Mousavi Bejnvardi and Mehrizi Thani (2013) in the article "Citizenship Rights from the perspective of Imam Khomeini (PBUH)" stated that the theoretical approach of Imam Khomeini (PBUH) is based on the rights of the Ummah. His vision is based on rights-oriented and giving importance to citizenship rights including freedom, justice and security and the rights derived from them. Therefore, creating a discourse around their opinions is one of the main foundations of citizenship rights in the Islamic system.

Descriptive and analytical methods and library tools are used in this article. The theoretical framework of the article is also in line with the topic of the current discussion, public good.

Analytical framework of the public good, referring to the requirements of citizenship rights for the fourth decade of the Islamic Revolution, shows that Imam Khomeini's opinions also pay attention to the elements of freedom of expression, political participation, the right to self-determination, expression of opinions and beliefs within the framework of the law, and protection of privacy. It has paid attention to the privacy of individuals as well as the responsibility of citizens towards building society. Therefore, it should be said that rights and obligations are inseparable elements of citizenship rights, which need more clarification in the fourth decade of the revolution. However, inferring from the opinions of Imam Khomeini (RA) and in the light of the principle of public good, it should be said that the establishment of a national institution of citizenship rights by using the role of customs in determining the examples of citizenship rights and re-reading the principles and foundations of citizenship rights based on the constitution and principles 24 to 26 of the Constitution or the principle of the nation's sovereignty, etc., will be the ways to present a model of Islamic citizenship. In fact, the "rights of the nation" should be considered the heart of the constitution and should be considered even in possible changes to the constitution and other laws. The crystallization of these fundamental rights in the Constitution of the Islamic Republic of Iran is a clear sign of the manifestation of "dignity-based governance" and "righteous governance", the elements and requirements of which are expressed in the opinions of Imam Khomeini (RA) and require explanation and explanation based on his wishes. Changeable citizens.

The main goal of criminal psychology is to investigate the effective factors in the delinquency of criminals in various crimes. In relation to why a series of acts should be criminalized under the title of political crimes and receive a different executive guarantee response, reasons have been mentioned by jurists, firstly, that these crimes lack the necessary elements of ordinary crimes such as malice and violence. Second, the subject and purpose of political crimes is to change a certain political situation with illegal means, and thirdly, since the purpose of the perpetrator is the government and political institutions, there is no violation of private rights. In the constitutional law, as the first codified text in the direction of establishing democracy and legislation, and in fact, the basis of the new political and legal system of Iran, it has also made it a political crime in its seventy-ninth amendment article. According to this article, in the cases of political and press offenses, the panel of judges will be present in the courts. Of course, from that time until now, the definition and examples of political crimes in Iran's legal system have been undecided. In the current laws of Iran, due to the lack of a specific and appropriate law in this field, in 2015, a law titled the Political Crime Law was approved by the legislature, based on the existing provisions, the judicial system can be based on the specific law of political crime.

Removing the traditional boundaries and living in cyberspace require that by reforming existing laws and regulations and establishing new law and regulations and also to codify specific laws and procedures for organizing this new state of affairs, steps have been taken in order to guarantee the rights of citizens. Undoubtedly, it would not be possible to establish and approve these regulations without affecting and observing the international human rights law. This article, which is descriptive and analytic, addresses the issue of how can regulated cyber-security regulations be effective in protecting citizens' rights in terms of compliance with the human rights standards of the third generation? According to the study, cyber law and regulations could play a significant and significant role in protecting civil rights, and in particular the right to development of the third generation of human rights, if they are in accordance with human rights standards, international rules and global norms.Key words: cyber space, civil rights, human rights, third generation . guarantee

The subject of this research is to examine the role and position of distributive justice in the process of legislation and the development of civil rights in Iran. The main question of the article is what effect did the component of distributive justice have on the legalization process in Iran's civil rights. The research hypothesis is that distributive justice is one of the main components of building a structurally just society, and in the meantime, the structure of rights is one of the most important areas that must have a fair basis, and in this regard, several parts of Iran's civil rights By paying attention to the criteria and rules of distributive justice, it has been formulated and legislated, which can institutionalize justice in Iranian society. By examining and clarifying the foundations and definitions of distributive justice, this research has examined this criterion in two fields of civil rights, including inheritance laws, and labor laws, and employer-labor relations, and with a short study of their historical course and philosophy Their legislation has come to the conclusion that these areas of civil rights are regulated by paying attention to the rule of implementation of distributive justice in the society. According to the findings of this research, the principles of distributive justice are involved in the legislative philosophy of these areas and have been taken into consideration by the legislator. In this sense, the legal rules derived from these laws can be a basis for the fair distribution of resources and opportunities, so that the social structure develops in such a way that citizens cannot lose fair living opportunities. The research method in this article is descriptive-analytical qualitative and the library data collection method.

FATA Police is known as the only active unit in the field of protecting citizens' rights in the cyber space. This police is responsible for fighting the violation of civil rights in the cyberspace in two dimensions: prevention and prosecution. Cyber police eliminate the opportunities to commit cybercrimes by adopting preventive measures along, so that it is possible to implement all the rights and freedoms of citizens in cyber space. The two-way relationship between FATA police and cyber citizens requires that the institutions of this police, guarantee the observance of citizen's rights in the cyber space. In the current research, through the library study of documents and by analyzing and describing the role of FATA police in protecting citizen's rights, the negative aspect of the activities of this police in cases of violation of citizen's rights in the cyber space has been addressed. The appropriateness or not of Iran's legislative criminal policy in relation to the violation of citizens' rights by the cyber police is a question that this article is responsible for answering with the aim of pathology. It seems that with a logical interpretation of Article (570) of the Islamic Penal Code as a general authority in determining the guarantee of criminal execution for the violation of any citizen's rights and freedoms in the cyberspace, FATA police can be considered responsible.

Depriving the right to dismiss a lawyer in an attorney contract (in the form of a condition included in the contract) as a means of extending the description of the necessity to the attorney contract and preventing the client from terminating the contract is a subject of discussion and different opinions and views in jurisprudential sources, and the question that is raised here is this. What is the condition of depriving the right to dismiss a lawyer in legal representation regarding lawsuits and trials? The Civil Code of Iran, in Article 679, prescribes the possibility of including the condition of non-dismissal of the lawyer in the attorney contract and specifies that if this condition is agreed upon in the necessary contract, it will prevent the client from terminating and returning from the attorney contract. As a result, the basis for accepting such a condition is to respect the principle of the sovereignty of the will of the contracting parties, who can agree to the existence and continuation of the contract despite the legality of the contract. The possibility of using the condition of non-dismissal in the field of legal representation in lawsuits according to the special laws governing the administration of justice and the philosophy of choosing a lawyer who defends It is about the client's rights and protection of his interests, it is a place of discussion and reflection which is studied and analyzed in this article.

With the rise of the dignity of citizenship, government was required to ensure that citizens enjoy citizenship rights. European governments face the dilemma of deciding what to do with women affiliated to ISIS have been resettled in the Syrian camps of Al-Hol and Rouge after the defeat of ISIS. The aim of the present study helps to clarify the responsibility of European countries towards their citizens in the Al-Hol and Rouge camps in particular and the human rights emergency situation in the extraterrestrial context in order to fight against the causes of terrorism in general.

The present study uses an explanatory-descriptive methodology. It is descriptive because it deals with European women join ISIS and influences on their citizenship rights, and it is explanatory because it uses Agamben's theory to find the causal relationship between independent and dependent variables in the hypothesis. Articles, books, legal documents and laws in library and online library materials have been used to collect and analyze the data.

By defining terrorism as an act that undermines the fundamental relationship between the individual and the state, European countries have refused to guarantee the right to life, prohibit torture and arbitrary detention of women affiliated to ISIS, and have extended this to their children. This has led to the reduction of these individuals to bodies to which any treatment is permitted.

Despite the fact that women who affiliated to ISIS are still citizens of European countries, officials in these countries have turned terrorist into a fluid border of citizenship and have refused to guarantee the rights commensurate with the citizenship dignity of women in the Al-Hol and Rouge camps.

The following article is written regarding the role of the judiciary in maintaining and ensuring the rights of citizens, with regard to the approach of good governance. The main question of the article is whether the performance of the judiciary has an effect on the index of providing citizenship rights as one of the main components of sustainable development and good governance, and if so, how? The hypothesis of the research is that there is a direct and meaningful relationship between the performance of the government and citizen's rights on the one hand, and on the other hand, in achieving good governance indicators. The findings of the research show that according to the political structure of the Islamic Republic of Iran, as outlined in the constitution and upper documents, the judiciary is the main actor in this field, which should pay special attention to this matter. But according to the developments of the contemporary world, this important thing will not be achieved except with the participation of citizens and interaction with the government and the use of new technological capacities, which are all indicators of good governance. In this regard, by increasing the legal capacity of the society and improving the index of the rule of law, the judiciary can be a platform for empowering citizens and strengthening civil institutions, which automatically leads to the provision and guarantee of citizen's rights and, finally, the improvement of good governance indicators. The current research is applied in terms of purpose, and descriptive-analytical in terms of method. Data collection has been done with the help of documentary-library studies.

the occurrencecrime, the criminal justice system uses all the facilities to deal with crime and delinquency, and there is no doubt that the cycle of criminal justice should be rotated in such a way that the rights of all persons entering the criminal rotation system are provided in a desirable and acceptable manner. . During the criminal proceedings, the accused has rights, some of which are explicitly provided for in the extra-legislative, legislative, and sub-legislative provisions, and others are either not mentioned or are incompletely and vaguely stated. Most of the defendant's rights can be found in the preliminary investigation stage, because in this stage, the basis of a criminal case is laid. It is at this stage that due to the nature of the investigation, the rights of the accused are more endangered and violated than other stages, so more support for the rights of the accused is felt at this stage. Of course, the accused also has rights in the judgment and execution stage of the sentence that need to be observed and protected. In regard, the prosecutor has a vital role as the public prosecutor. The prosecutor in the criminal process should not only aim and ensure the conviction of the accused, but should try to provide a fair and just trial while respecting and protecting all the rights of the accused. In this descriptive-analytical study, we will try to investigate the role of the prosecutor in protecting citizenship rights in the Criminal Procedure Code 1392.

The formation of citizenship rights is one of the most important concepts in the Islamic system. One of the texts that has carefully addressed this issue is Nahj al-Balaghah. Communities, transparency, as well as in the discussion of the economic rights of fiduciary duty in the treasury, the fight against greed, the creation of welfare, employment and poverty alleviation, as well as civil liberties in the constitution and legal system of the Islamic Republic of Iran The Islamic Republic, using the concepts of political and civil law of Naj al-Balagheh, these concepts have been considered in the legal and political texts of the Islamic Republic and in the discourse of political Islam. It is from Nahj al-Balaghah .This syndrome is in fact derived from the original Islamic logic.In fact, this symptom is an important part of religious discourse, which is derived from religious and doctrinal principles on the one hand, and on the other hand, the practical life of Islam, which is manifested in the words of Imam Ali and Nahj al-Balaghah.It is from Nahj al-Balaghah .This syndrome is in fact derived from the original Islamic logic.In fact, this symptom is an important part of religious discourse, which is derived from religious and doctrinal principles on the one hand, and on the other hand, the practical life of Islam, which is manifested in the words of Imam Ali and Nahj al-Balaghah.

Not every law and rule that enters the world of law is independent of the judgment of reason and justice. Has there been compensation? In fact, justice is considered as an element with the concept of neutrality in civil rights and the proportionality of compensation for damages. The only infringing rule is the proportionality of the agreement between the parties, with which justice has no problem, provided that the parties to the contract are in an equal position, and as soon as there is inequality or abuse of the terms of one of the parties, justice enters and ignores the agreement. The application of the rule of neutrality applies the proportion between the damage and the intended damage. As a result, justice, with its broad role, creates the potential for flexibility in the laws and agreements of the parties to the contract. In the discussion of compensation, the view of proportionality and impartiality of justice has been considered that this concept can even go beyond the agreement of the parties and appear in the expression of justice above the law. As a result, this theory also assumes the pillar of legitimacy and validation of laws.

The automotive industry has traditionally been recognized as one of the major industries in which governments make their major investments. However, private investors have always been interested in the industry for a variety of economic, social, political, and cultural reasons. In the meantime, the contrast between the principle of government intervention in the automotive sector and the principle of trade and economic liberalization in the World Trade Organization and other pillars based on the Bretton Woods system is raised. According to Article 44 of the Constitution, the general policies of the resistance economy and the development plans of the Islamic Republic of Iran, the movement of the economy and trade of the Islamic Republic of Iran towards trade liberalization is at least legal, although it is mainly government intervention rather than trade liberalization. The main question in the present study is that from the perspective of civil rights, what components should be considered in the field of government intervention in the automotive sector? The findings indicate the principle of human dignity, the principle of the rule of law, the principle of non-discrimination should be followed in the field of government intervention in the automotive sector.

Considering the strict discriminatory criminal policy of security in security crimes, on the one hand, and the need to pay attention to the citizen-centered approach in the light of moral and human principles, on the other hand, it seems that the restorative justice approach can not reduce the criminal justice approach. Only in dealing with the perpetrators of security crimes, but with a little attention both in the legislative dimension and in practice with regard to restorative justice programs, we can move towards a citizen-centered policy and approach with regard to moral and human principles in this direction and Significantly reduces the disadvantages and disadvantages of penal policy.

The present research is a problem-oriented applied research in terms of purpose and is documentary in terms of data collection method and analyzes the collected information analytically and descriptively.

The results of this study show that despite the lack of attention of legislators in different countries to the restorative justice approach in crimes against security, due to the many benefits of the restorative justice approach and the existence of jurisprudential and legal grounds and capacities of restorative justice, especially in laws. Iran, including the institutions of repentance, amnesty and the rule of law, pays attention to the approach of restorative justice in crimes against security, and with the necessary amendments to the regulations, restorative justice can be applied and strengthened in security crimes.Keywords: criminal policy, restorative justice, crimes against security, civil rights, ethics.

Since the examination of children's rights has many dimensions, in this research, the aim is to examine the comparative civil rights of children from the financial aspect. Analyzing the rights of the child, especially in its financial aspect, has always been of great importance. This importance at the macro level prompted international institutions to approve the Convention on the Rights of the Child in order to protect the child and his rights. Iran also joined it in 1372 under the condition that its provisions do not conflict with Sharia standards and Islamic law. The results of the research show that first of all, the child benefits from all financial rights and has the so-called legal capacity, but does not have the capacity to inherit. Secondly, the duties of each of the executors, guardians, and guardians, as well as their limits and powers, have been fully stated. Secondly, in the convention, only the right of child support is mentioned as the child's financial rights. Secondly, in the convention, only the right of child support is mentioned as the child's financial rights. Also, Iran's laws differ from the convention in some cases such as the rights of illegitimate children.

Ratio between practice Participation and institutional law in transition from crisis to participate in the political development of this paper has been studied. In this study analytical nodal point is to organize the discussion section: toward between the two variables a practical partnership and citizenship rights? In other words, one independent variable and dependent variable is the other? Or look at the dialogue, political participation and civil rights groups and the role "mutually" established "political participation is in crisis? Literature review showed that to answer these questions, three answers are competing. A group of researchers and scholars into a crisis see single- linear. Which course to cause an independent role and which factors play a role in the dependent variable does differ? Another group of non-linear thinkers have a vision. Look at their structures and institutions of political participation and civil rights advocate role "mutually" establishment "is. in three words, to pay the genealogy topics.

The Charter of Civil Rights in Iran was proclaimed by President Hassan Rouhani on December 19, 2016. This charter is a set of rights and freedoms that its binding and citation aspects are notable. Therefore, the present study, examines the status of this charter in legal sources assuming the equality of human and civil rights in the Charter of Civil Rights. The present study’s research method is library research and descriptive correlational research. The results showed that the Charter of Civil Rights, like Human-Civil Rights, has come into force and can be invoked according to the declared aspect of these rights, except in cases of conflict with human rights treaties and the constitutional law. Contrary to its claims, the charter does not, at least in the domestic law, is not a policy or program, as neither of the trilateral forces cannot abandon or restrict it. However, it is considered to be a legitimate expectation. The Charter of Civil Rights should be seen as a new window on the list of Iranian law sources. Although, according to some scholars, the charter is selective and is essentially a matter of political affairs, it seems that the charter mostly extends the rights and freedoms in a longitudinal and latitudinal way, and this expansion leads to an increase in the depth of Iranian law.

As the world communications develop, the interprsonal legal relations also increase at a global level. This gives rise to the emergence of certain issues which can take on not only a domestic and legal form but also international aspects.  The question raised here is whether or not, from the perspective of Imamite fiqh, there is a possibility of accepting the legal decisions which are made in the courts of different countries of the world, especially in the Isalmic countries. In this article, there is a prevailing view that in Imamite (twelver's) fiqh regarding civil rights, it is possible to accept the rulings and judicial decisions of other Islamic countries.  However, in relation to the rest of non-Islamic countries, the maxims such as the maxim of 'obligation' can pave the ground to accept the judgemrnts or decisions of the the courts in the Islamic and non-Islamic countries. It is evident that this acceptance is in terms of 'primary rule' and the use of such rules as "Muslims are bound to their obligations" as well as the 'expediency' which is discerned by the religious authority (judge) provide a bigger opportunity in terms of the secondary rules in this regard.

This paper is aimed to show the possibility and necessity of New City-state Orientation as a new form of democracy; a new form of democracy in which city and citizenship in the light of deterritorialization and communitarianist pluralism attain a mental and cultural form instead of a bodily-civilizational form. In this paper New City-state Orientation is defined as follows: passing along the concepts of insiders and outsiders, passing along the hierarchical and vertical world to the horizontal world, non-territorialness, mental-culturalness, modification of liberalism because of its extreme individualism with the help of the communitarianist view, emphasis on the concept of “authenticity” or “valuability of difference” beyond the concept of “dignity”, the wane of the big concepts like society and the birth and proliferation of community instead of that. New City-state Orientation, in the communitarianist context and with the view of globalization, while acknowledging the legitimacy of subcultures and local and traditional cultures has taken a non-physical and non-bodily look at the category of city and citizenship.The question of the paper is how we can come to a mutual understanding between responsible citizenship and human rights today. The hypothesis of the question is that in the light of deterritorialization of city and the citizenship we can come to such a mutual understanding.The theoretical framework of the paper is the “the body without organs theory” of Gilles Deleuze and its methodology is analytical-descriptive with the use of library data.

The legislature is responsible for three important functions such as legislation, interpretation and enforcement of normal laws and supervision over the implementation of law as one of the dominant forces in the country. The legislature suffers from some weaknesses and shortcomings, although it has gained some achievements and enjoys a lot of strengths in performing its missions. This article tries to find the ways to empower this branch by removing all barriers facing the legislature. In this regard, we will respond to the raised questions by using information collection methods including library, descriptive and analytical research. First, the author discusses the nature, structure and functions of the legislature.Then, he examines the shortcomings of legislative techniques and the weaknesses existing in organizing and monitoring the procedures of the Parliament in order to improve operational the efficiency of the Islamic Consultative Assembly the Parliament of Islamic Republic of Iran. The sources of shortcomings and weaknesses of legislature can be classified into internal factors (i.e. within the Parliament) and external factors which constitute the most important conclusion of this study, in addition to some technical and minor amendments, the comprehensive coordination of political, legal, cultural and administrative structures should also be considered to promote and strengthen the legislative system of the country.

The issue of participation in the political process of a society has been one of the main ideals and concerns of social and political intellectuals since the past in such a way that it can be said that the gradual development of public participation rights and establishment of political institutions practicing them are products of these concerns. In this arena, vindication of citizenship rights can influence the degree of political participation as one of the key concepts of political development in societies. Accordingly, the main objective of the present study is to investigate the relationship between vindication of citizenship rights and the degree of political participation in the two cities of Isfahan and Kermanshah. The research method employed in the present study is descriptive-survey research based on questionnaire completion. In addition, the results were investigated based on the comparative method. The data of the research were obtained from different areas of the two cities of Isfahan and Kermanshah. Then, via completion of questionnaires by 583 participants, the data were analyzed by the SPSS software. According to the findings, there was a significant correlation between vindication of citizenship rights and the degree of political participation. These values for vindication of political rights were as r=0.22 the City of Isfahan and as r=0.28 for Kermanshah City. In addition, the values for vindication of social rights were as r=0.19 for Isfahan and r=0.18 for Kermanshah. Moreover, the values for civil rights were r=0.22 for Isfahan and r=0.24 for Kermanshah City.