جستجوی مقالات مرتبط با کلیدواژه « برابری » در نشریات گروه « فقه و حقوق »

The authorities of the government and the controls governing it in France show that creating moderation in the application of the principle of authority in order to secure public interests is based on something much more than the text of the constitution and includes a complex set of goals, norms and official structures and It is informal. The French Court of Auditors is one of these official structures that, despite the lack of a text-oriented position in the constitution of this country; At the same time, according to the law, it has a fundamental position in the field of control and supervision of the budget and public finance. It is quite clear that such a position and supervisory activity can have a substantive effect on the Court of Accounts in our country. In addition to the fact that the legal personality of this supervisory body was modeled after the French Court of Accounts; In its functions, it has always been influenced by external regulatory solutions, which, especially in the opinion of experts in the accounting and auditing professions, their implementation by the originating institution has been successful. For this reason, the conducted research, the sources of which have been collected in a library method and subjected to a descriptive-analytical study, tries to provide an answer to the question that: the political-legal factors that shape the basic position beyond the text of the Constitution for the French Court of Auditors and What are its functions?, to show that regardless of these factors, any philosophy of activity of the main supervisory institution is dependent and related to them; The possibility of implementing a successful new and imported surveillance program is only an idea that basically depends on the relevant translated texts and documents. In this regard, the results of the investigation of this question show that the existential philosophy of the supervisory organization of the French Court of Auditors is intertwined with some fundamental principles and concepts of the French public law as an organic and progressive order, in such a way that the conditions and tools of control The principle of authority, which guarantees the stability of these principles and the provision of public interests in a republic system with special sovereign powers, is first provided from within this group and independent of any external requirements. For this reason, although these principles have basic dignity such as the declaration of human and citizen rights in 1789; But the high position of protecting the fundamental rights of the nation by the Court of Audit of France is not due to any specific text of the constitution.

The discourse and theories of governance are among the important subjects in the field of public law. Liberal and constitutional states, despite their theoretical and sometimes functional differences, share certain common elements as theories of governance in their essence and foundation. Among these shared elements are freedom, equality, and impartiality of the state. The variations in the understanding and interpretation of these elements and their interrelationships are the most justifiable reasons for the emergence of different types of liberal and constitutional states within the broader scope of these elements. This descriptive-analytical article suggests that the differences in liberal schools of thought have their roots in the perception of the "freedom" element and its relationship with other elements. Depending on the prioritization of the quantity and extent of individuals' enjoyment of fundamental freedoms or the prioritization of the quality of people's enjoyment of these freedoms, other elements, such as equality and impartiality of the state, assume different natures and functions. The formation of classical liberalism and egalitarian liberalism can be attributed to this very matter. John Rawls distinguished freedom from the value of freedom by establishing two principles of justice. He rejected the mere enjoyment of freedom without considering the quantity and quality of people's enjoyment of it. Rawls interpreted the value of freedom as equal enjoyment of it by all individuals, and his views on the elements of equality and impartiality of the state aimed to uphold the value of freedom and enable a greater portion of the population to enjoy these freedoms.

Welfare rights, by providing a minimum of an honorable life, have a significant role in the development of mankind. On the other hand, without welfare rights, civil and political rights remain abstract freedoms. Thus, we must also ensure and protect the rights in addition to recognizing them. Otherwise, they are only claims and nothing more. Therefore, the existence of a judicial authority that acts as a guarantor to the implementation of an individual's welfare rights before the administrative apparatus is inevitable in any legal system so that people can sue in order to restore their rights. In other words, welfare rights, including the right to social security, the right to education, the right to employment, equality, and non-discrimination, require judicial authority to ensure their realization. In the Iranian legal system, according to Article 173 of the Constitution, the Administrative Justice Court is recognized as a special authority for dealing with grievances and objections of all persons to the actions and decisions of administrative bodies, which, through the handling of complaints, guarantees the rights of individuals. Therefore, in this study, which has been done by the analytical-descriptive method and by analyzing the contents of books, articles, and opinions of the General Assembly of the Administrative Justice Court, we will seek an answer to the question of the performance of the Administrative Justice Court in the position of judicial supervision. What is the purpose of guaranteeing welfare rights in the Iranian legal system?

Concerns about the detrimental effects of money on elections and the diversion of the electoral process to the benefit of the wealthy and exclusion of meritorious from the electoral system have prompted various legal systems to resolve this problem or minimize its effects. But limiting election spending can also be a prelude to challenges such as the restriction of freedom. Therefore, the election finance system should be formulated in such a way that while freedoms are protected, the uneven influence of money on the elections is restrained. This article attempts to identify the relationship between election finance and concept of freedom, including freedom of expression, by applying the principles of electoral taxation and examining the fundamentals of electoral spending reductions. The equalization of election campaign spending amounts to emphasizing a strategy, not solely based on numerical equality and a form of electoral expenditure, but on the basis of substantive equality between candidates in the field.

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.

The present study aims at assessing the status of the private sphere in the legal system of Iran as a Jurisprudence-based one in a comparison with Germany’s. The modern state has such limited the scope of private sphere that the privacy of family as its most important element is dubious. The private sphere exists and forms the human society besides the public sphere and the state only when it is subject to the supplementary rules of private law and the state does not regulate its relations with the mandatory rules except for observing the international human rights. The research method is a comparative study of Iranian and German family law with a deductive approach. The findings imply that in the German legal system, the state guarantees human rights requirements, especially freedom and equality in the family, but its intervention is not limited to this and beyond it, it limits the private sphere and, as a result, the personal rights. In Iran, the state also regulates family relations comprehensively, although this regulation is not necessarily intended to observe human rights. The result of the research demonstrates that in modern relations between the state and the nation, the family is not legally considered to be a part of private sphere, and this means that the scope of the private sphere is limited to the privacy.

According to the prevailing opinions on interpreting Article 64 of the Constitution of the Islamic Republic of Iran, religious minorities’ members consisting of the Zoroastrians, the Jews, the Christians (north and south Armenians, Assyrians and Chaldeans) are not augmentable in Iran’s parliament. The main goal of this article is to clarify the allocation of these five seats and its position within the scope of the principle of equality, which was done by describing-analyzing method and collecting library-documentary information. The research suggested that five members are guaranteed at a minimum and there are no limitations. It is changed in statute and parliament election also has established significant discrimination through the election system of the religious minorities that appear during the process of enrolment, qualifications, the structure of supervisions, provincial and central, voting and dividing election centers.Finally, positive discrimination has changed into a negative one. The solution is to correct the acts and regulations. So we suggest amending the laws in secondary fields and voting centers, and also the participation of minorities in control boards, and increasing minorities members in parliament.

Equality in its legal sense is a philosophical norm from which many of the fundamental rights and freedoms in the constitution derive. The present study uses a descriptive-analytic approach, and after examining and applying the theoretical aspect of equality and its variants (formally and substantially), it describes the discussions of constitutional experts leading to the adoption of the principles of equality. The result of the discussions and debates of major legislators is that, despite the acceptance of equality in the constitution, there have been various conceptions of equality in the House of Experts. Despite having apparent and partial divergent readings of equality, Constitutional legislators eventually incorporated the principle of equality in the relevant principles. Also, substantive equality in the views of constitutional experts had a relative and fragile meaning. That is to say, despite the acceptance of substantive equality, some of the substantive equality provisions were not accepted in the constitution and were bound by Islamic standards.

Examining Plato's views is not only about examining a historical issue but also having a living influence in shaping contemporary thought. This is well known in the context of the feminist movement, so that some radical feminists take Plato's views into consideration in any program that proposes women's liberation. Just as his theory of justice is very important and has long been accepted.Many scholars regard Plato as the first feminist theorist. They regard her as an advocate of women's freedom and human rights and equality with men; some consider her to be the first true feminist philosopher, yet some have questioned whether Plato is a genuine supporter of women's rights. This article, by examining Plato's views on justice, women, their status and duties in society, shows that Plato was not only not a defender of women's rights but also a very difficult position for women if her views were implemented.

Regarding the laws of the Islamic Republic of Iran, it should be said that they are also derived from Islamic jurisprudence. Article 4 of the constitution stipulates that all civil, partial, financial, and economic laws and regulations must be in accordance with Islamic principles. Therefore, in order to accept any new law (even in the form of accepting international treaties), those new laws must be presented in accordance with Islamic standards and set aside in case of conflict with the rules of Islamic jurisprudence. (Convention on the Elimination of All Forms of Discrimination against Women) is an international treaty to which the United Nations has strongly insisted on the accession of states. If states accede to the convention, their domestic laws will be overshadowed and governments will commit to change their laws. Since women do not enjoy a status commensurate with their dignity in the world, as well as in Islamic countries, as well as in the Islamic Republic of Iran, correcting the status of women requires a written charter in which the desired status is outlined. In this study, considering the generalities presented, we examine the effects and dimensions of Iran's accession to the Convention on the Elimination of All Forms of Discrimination against Women and describe the issue in a descriptive-analytical manner using library studies.

The amount of Diyah in Islamic jurisprudence is specified by Shar'a. Its determination also conforms to its own three rules. However, the difference in the amount of it based on the gender of victim is itself disputed by jurists. The famous opinion confirms the equality of blood money for men and women up to one-third, and more than that, it causes the amount of Diyah to fall by half. According to the opposite view, in the Qur'an, Diyah is mentioned only in one verse and there is no mention of men and women and the difference between their Diyah. Hadiths cited by well-known jurists are also contrary to common sense in addition to problems in the text. However, there is a consensus about woman's blood money towards the man.

The present study aims to determine the status of public sphere in the legal system of Iran through a comparative study on political parties in law of Iran and Germany. Meaningful participation of citizens in public affairs and the originality of politics is dependent on the strength of the public sphere and actions of individuals in it. Political parties are the most efficient entities of the public sphere, and their freedom and role in construction of politics reveals the status of the public sphere in a political society in the best way. The research method is comparative study with inductive approach. The findings indicate that under Iranian law, despite the fact that the Constitution ensures the freedom of parties in a higher level than Germany, in parliamentary enactments the function of political parties is acting within the existing policies, their establishment mechanism is complex, the way to monitor them is mostly approving, a prior and political and monitoring and enforcement are confused. The inductive extension of the findings to the public sphere results that in Iran the public sphere legally lacks strength and its promotion requires the amendment of laws such as Prties Act in oreder to transparency and clarification and consequently restricting the authority of monitoring bodies, guaranteeing the right to association  as a citizenship rights and recognition of the citizens participation in policy-making.

Citizens, regardless of their personal characteristics (such as race, gender, religion, social class, etc.) must be subject to a single legal system.modern government manages an equal society, and the members of this society must be equally obedient to universal power. Obviously, the intermediary of these relations is a law that governs the will of the public in society. The real picture of equality in the area of contract is where the equal conditions for all citizens to obtain administrative contracts are provided. Therefore, the inherent and acquired differences of citizens can not be considered an obstacle to the achievement of government contracts. In Iran, the constitution in its original principles has accepted the equality of citizens in certain ways. Therefore, the assumption of discrimination between citizens in terms of race, religion, political opinion, position, and ... is not accepted. Since this is not an area, but an allegory, this equality should be maintained in access to public services, one of the most important of which is the right to conclude and use employment contracts.The concept of equality is one of the most challenging concepts in which various definitions are given. This dichotomy and ambiguity in the concept of equality, giving a precise and balanced classification of it, also presents a problem. However, in a general division, they have divided equality into legal equality, equality of opportunity and outcome equality. the author will refer to the descriptive-analytical method to study the concept of equality in Iranian law and transnational documents.

Undoubtedly, in today's world, one of the important indicators of human development is the presence of women and how they play their role in various fields. On the other hand, in the age of globalization, the interests and rights of individuals, even within their own territory, are tied to international considerations. has eaten. This has led to the issue of women's rights in international relations, and the entry of women's rights into the international arena has led to the formation of ups and downs in relations between countries and international organizations active in the field of human rights. Also, the issue of fundamental human rights and freedoms over the centuries has been the main motivation for the struggle against oppression and injustice, which is one of the highlights of international law in the first half of this century in the field of human rights and women's development. . Although women have been fighting for their rights for centuries, the struggle for women's human rights by the international movement is a new struggle. The Convention on the Elimination of All Forms of Discrimination against Women is one of the most important achievements in promoting the human rights of women, but due to some conflicts with the holy Sharia of Islam, the Iranian government has not ratified this important convention. However, in order to study the promotion of the human rights status of women with emphasis on the Iranian legal system, the authors of this article try to examine the issue under discussion based on descriptive-analytical method and documented by reliable sources and interpretations of international law documents and procedures.

The principle of respect for human dignity plays an essential role in establishing the moral norms related to the human rights. In the criminal policy of Islam, this principle has been given special attention. In accordance with the holy law of Islam, the Iranian legislator underlines in its constitution that the legitimacy or unlawfulness of other laws and regulations is based on it, has emphasized human dignity in various principles. In considering the laws of Iran precisely, at first sight, we face a kind of challenge in its wake. For example, they consider some punishments, such as retaliation, Rajm, execution, amputations, etc.., as a form of human dignity violation, but the arguments of the supporters and opponents of such punishments should be elaborated. Accordingly, the present study, following a brief explanation of human dignity, will deal with retaliation. And the authors have come to the conclusion that the retaliation punishment does not contradict with human dinity, but the inequality between men and women in this punishment is significant and have been criticized.

For centuries, women are subject to many oppressions and abusesAnd the thought of defending women's rights in the international community has emerged in the less than a century.  One of the rights that created a serious development in the field of women's rights, there is the right to recognition before the law (Right to Legal Personality) that denied beliefs that considered women a second-rate. This right, which guarantees equal legal recognition between men and women, has a special proximity to women's rights to equality. Thus, although difference treatment in both of the international law and Islamic thought, does not necessarily violate equality. But, due to fundamental differences between international human rights and Islamic law. In the field of recognizing the equal rights between women and men, in practice is not similar function.Therefore, the present article seeks to examine the subject based on a descriptive and exploratory approach whit citing to the credible Islamic sources and interpretations, as well as international law documents and procedures.

Some philosophers of natural rights believe that it is not possible to deduce natural rights according to criteria of civil societies and laws and regulations upheld in such societies, since it is not easy to make a distinction between natural rights and the other ones in these societies. Hence, these scholars have sought to illustrate a state of nature through rational analysis taking into account the pre-legislative stage and making attempts to deduce natural rights by analyzing this period. In this article, rights of women at a state of nature are examined from the perspective of philosophers such as Thomas Aquinas, Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Although they consider the state of nature as a condition of equality among human beings, males are placed as the head of the family in the institution of the family. At the same time, emphasizing that the state of nature is the equality of all human beings lead to extension of this very equality to the women by women's rights activists contributing to formation of the feminist movement.