جستجوی مقالات مرتبط با کلیدواژه "حقوق بشر" در نشریات گروه "فقه و حقوق"

International humanitarian law is in a generality and peculiarity in some aspects with international criminal law. International humanitarian law is used as a reference point in understanding and interpreting the rules of war crimes.Conversely, international criminal law is considered as one of the methods of guaranteeing the implementation of the violation of the fundamental rules of international humanitarian law. Therefore, with the aim of examining the degree of mutual influence of these two legal systems from each other and review the scope and examples of this effect, the main question is how the mutual influence of these two legal systems on each other's development and evolution has been?The hypothesis under consideration is based on the fact that these two legal systems help each other to the continuous development and evolution of each other in a mutual effect and in a cyclical relationship. In this descriptive-analytical research conducted in a library manner, the findings show that due to the necessity of a precise definition of crime as one of the basic notions of the international criminal law system, the development of this system has inevitably been led to the elimination of ambiguity in defining cases of serious violations of international humanitarian law and the rules of humanitarian law have also caused the gradual development of international criminal law in the field of new criminalizations and as a result the development of international law In the fields of environmental crimes and crimes against cultural and historical works.

The nation-state in legal and political application, is a politicalorganization of society consisting of a government, people and a landwith certain borders. The stability of astrong and structured nation-state plays a Essential role in thedistribution, redistribution, preservation, protection andsafeguarding of Individual Rights. In this perspective, the efficiencyof the government depends on its success in securing human rights. When we study the structural problems of the modern state in Afghanistan, we clearly understand the root of the functional defects of its institutions in protecting fundamental rights and freedoms and of other government functions. The problems faced by the Afghan government, due to the lack of a political structure, the preservation of the traditional system andthe lack of laws that focus on the realities of society, have led todisruptions to the process of nation-building. More than anything, theabove-mentioned problems have caused the Afghan government's inabilityto provide the essential components of the establishment of humanrights discourse. The present research, while presenting a general view of the obstacles facing Afghanistan in creating a modern nation-state, analyzes the effects of the lack of a modern state on human rights situation in The Afganistan.

The principle of minimal criminal law is a fundamental concept in criminal justice that emphasizes limiting criminal intervention to essential cases. This principle is rooted in human rights and the preservation of individual freedoms, aiming to reduce the use of punitive measures for human behaviors that can be addressed through non-criminal solutions. Theoretically, it is based on moral, legal, and functional foundations. From a moral perspective, criminal intervention is justified only when necessary to protect public order and collective interests. Legally, this principle ensures the protection of fundamental rights and prevents unjustified exercise of power by governing institutions. In practical terms, the principle has a significant impact on criminal policy and justice systems. Legislators should avoid over-criminalization, focusing solely on acts that are socially harmful and intolerable. In the judicial process, judges must refrain from imposing excessive or unnecessary penalties and prioritize alternative measures such as mediation and non-custodial sanctions whenever possible. Ultimately, the principle of minimal criminal law not only reduces the costs of the justice system but also promotes social order and criminal justice by focusing on rehabilitation and prevention. It serves as an effective guide for advancing toward a more humane and efficient justice system.

The concept of commitment in contemporary human rights discourse is defined as commitment to result and commitment to means. In the most important international documents, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, governments are the main obligees of realizing human rights, through legislation, providing a suitable platform for implementation, predicting an effective implementation mechanism, and so on. .. are considered. Other human rights documents also have commitment oriented literature towards governments. The approach of human rights activists is also focused on the fact that the responsibility for observing human rights or violating them lies with governments. Because these governments have the most tools and facilities to prevent human rights violations as well as support and realize them. However, the international community wants all governments to observe and respect human rights despite differences in the government system and respect for their independence. In the field of administrative law, due to the fact that the authorities and administrative bodies have many powers and competencies, the human rights obligations of governments become more important. The research method in this study is descriptive-analytical, and we are looking for an answer to the question, what standards are governments obliged to observe in the field of administrative human rights? And what role does judicial procedure play in guaranteeing the right to good administration as one of the important examples of administrative human rights?

The purpose of this article is to review and evaluate the legal jurisprudence of the economic sanctions of the Security Council based on Article 39 of the United Nations Charter.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.

In Islamic jurisprudence and history, based on the verses of Surah Baqarah and Yusuf, economic embargo has been used and emphasized as a pressure lever, but it should be used with cruelty in the media. In Article 39 of the United Nations Charter, the Council is empowered to determine cases of threats against international peace and security, violations of international peace and security, and acts of aggression. As the case may be, the Security Council can make recommendations or decisions to implement its findings. Therefore, Article 41 of the United Nations Charter foresees that the Council can adopt measures that do not involve military force, including sanctions, against the guilty country. Therefore, it can be said that from the legal point of view, the Security Council, according to the articles mentioned above, has the authority and permission to accept resolutions that include sanctions.

The effects of the implementation of sanctions on third countries, the right to development, as well as its destructive results on basic human rights, including the right to health, and in general the negative humanitarian effects of international sanctions on the most vulnerable people of the target country, is always one of the major concerns of the international community, which requires an intelligent evaluation.

The Iraqi constitution was approved in 2005 with the aim of creating a democratic country under the rule of law. Nevertheless, the transition to a law-abiding Iraq has faced significant challenges. This article, using a descriptive method, examines the complex obstacles in the constitutional rights system of Iraq that prevent the realization of the rule of law. The key issues are: ambiguities and internal contradictions in the constitution, disputes arising from the federal structure, the judiciary lacking independence and widespread corruption. The results indicate that the most important constitutional challenges for the rule of law in Iraq are: ambiguity and internal contradictions, federalism and power sharing, weakness of the judiciary, corruption and lack of accountability. The implications of these challenges are profound: they jeopardize the protection of human rights, discourage investment, and hamper economic growth. Finally, a fragile rule of law hinders Iraq's progress toward creating a just, fair, and stable society. A strong rule of law serves as the bedrock of a functioning democracy, ensuring that all individuals, regardless of status, are subject to the fair and consistent application of the law, and fosters predictability and trust in the legal system. In addition, a strong rule of law is essential to attract investment, stimulate economic development and protect human rights.

The International Criminal Court can be seen as an efficient beginning in the fight against the most terrifying criminals and the impunity of the most professional criminals. However, some countries, including Iran, have not yet joined this court. Among the challenges facing the realization of this valuable event is the disharmony of countries, especially Islamic countries, with the world's popular understanding of fundamental concepts such as peace, justice, dignity, equality, etc. Therefore, according to the authors, at the present time, a universal understanding of the mentioned concepts should be accepted. In this regard, in order to strengthen this idea, one of the important foundations of which is the “Cosmopolitanism” theory, from arguments such as “the necessity of striving for the formation of a better world”, “globalized criminal law”, “the overlap of the goals of domestic law and the International Criminal Court”, “Sharia validity of aligning with the surrounding world” and finally “Applying the Maqasid Shariah (purposes of Sharia)” can be used.

Contrary to secession in the colonial domain, which is considered legitimate in contemporary international law, separation in the non-colonial sphere is a controversial issue and is a matter of dispute between governments and international lawyers. There is general agreement that in case of severe human rights violations, it is possible for a people to enjoy the right to remedial secession and in this case, international law does not support th territorial sovereignty of states. Nevertheless, great powers have always played a key role in the application of this principle by claimant movements. This article, with a descriptive-analytical method, seeks to examine the legal situation and the possibility of evaluating the right to self-determination in the context of contemporary international law on the one hand and examinine its application in light of great powers’ practices, on the other hand. The findings of this article show that the human rights situation in a state should be considered so as to determine whether non-colonial independence is suitable or the right to self-determination in the framework of "remedial secession" should be ensured.

The emergence and manifestation of political crime in a country's substantive laws can be examined during the Constitutional Revolution period. Article 79 of the Constitutional Law Amendment of Constitutional Iran was the first step toward recognizing political crimes and criminals in Iran. This occurred while the American common law system had a longer history of defining political crime and criminals. Therefore, with legislative developments, the legislator's intention in passing the Political Crimes Law approved in 2016 demonstrated that, in proportion to the United States system where political criminalization in its laws adopts a less prominent approach, differentiating between two motives—perpetrators’ motives in crimes attributed to disturbing public order and motives aimed at reforming the country's political affairs—allows for a differential approach between the punishment of political and security crime perpetrators. Consequently, an important question arises: to what extent is Iran's legislative approach to criminalizing political crime perpetrators, when confronted with the American legal system that pursues a security and repressive approach, aligned with principles related to human rights? Therefore, this article aims to explain and examine the differences between the two laws in addressing political crime perpetrators by reviewing the related approaches of Iranian and American laws concerning the motives of political crime perpetrators.

The exclusive jurisdiction of governments in criminal matters has been established by the theory of the modern government and the powers granted to them. In order to protect the rights of the accused and ensure the right of the society to monitor the performance of the government and inform about the criminal process, the public hearing as one of the principles of fair trial is foreseen in countries constitutions and international documents and includes the rights of the accused and the society. But the accused also has the right to privacy. One of its manifestations is the right to one’s image, the violation of which in criminal proceedings can damage his dignity.The contradictory situation of the two basic rights of public hearing and the right to the image In the criminal process, raise the question of how to reconcile them. This article by examining the aforementioned rights and considering the duties resulting from them, has come to the conclusion that these two rights are not in conflicting, contrary to what it seems at first, and it is possible to combine them, because the need to conduct proceedings in public requires providing It’s possibility for citizens to directly monitor the work of the judicial system and guarantee a fair trial, not to know the identity and characteristics of the accused and the details of his private life. Therefore, allowing citizens to attend hearings and providing measures to protect people's privacy are among the duties of governments.

The analysis of legal institutions from various perspectives encompasses ideas that lead us beyond mere legal analyses and reveal points that may not be immediately apparent despite their obviousness. The International Criminal Court (ICC) has also been examined from various legal and political dimensions. However, what can emerge as a new theory about the Court is an analysis based on the concepts of lawfare, law laundering, and the paradigms of human rights and statism. The result is that, contrary to the desirable idealism that brought the Court into being, this institution has not only failed to achieve its objective of combating impunity effectively but has also contributed to an additional layer of impunity itself. This critique and contradictory situation are not solely inherent to the Court but stem from a paradigmatic confrontation in the international arena. This confrontation has persisted and has yet to culminate in the dominance of the human rights paradigm, upon which the foundation of the Court is also based.

 Human dignity is one of the values accepted in theological and human schools that has had and continues to have a significant impact on moral, jurisprudential, and social and political issues. In the present era, which is also known as the era of defending human rights and human dignity, we need more than ever to correct and review the concept, effects, and requirements of human dignity. Different approaches to human dignity have emerged among different theological and human schools, and in the meantime, the religion of Islam and the Muslim holy book have presented precious foundations of human dignity; because in the eyes of the Holy Quran, man is a possessor of dignity by virtue of being a human being. The main purpose of this research is to examine the necessity and possibility of the divine nature of human dignity, and for this purpose, using verses of the Holy Quran and narrations, the definition, understanding, and purpose of dignity are examined from different perspectives. The most important findings of the research are that human dignity arises from the existential necessity of man. Finally, it should be emphasized that, firstly, from the point of view of " We have honored the sons of Adam", the most essential criterion of Islam's view of man is his inherent dignity as an accepted basis, in other words, it is a definite necessity. Secondly, human dignity arises from the necessity of his existence. Thirdly, considering the blowing the divine spirit forms in the creation of human beings, human beings certainly have dignity based on the principle of non-discrimination.

Clothing has long been considered one of the necessities of human life in many cultures. However, only a few documents and declarations of rights in the international and regional scene mention it. For example, the United Nations International Covenant on Economic, Social and Cultural Rights mentions the right to clothing in its eleventh article. But the importance of this right over other basic needs has been overlooked by the Committee which monitors the implementation of the Covenant. As the same way, international law practitioners and human rights scholars have also disregarded the right to clothing. Much research has been done on freedom of dress in the context of civil and political rights. But the right to adequate clothing has been surprisingly neglected among other economic, social, and cultural rights. The dressing of a person is not only related to his economic status, but also to his position in society. Furthermore, one's clothing affects one's cultural, sexual, and religious identity, as well as one's dignity and even one's health. The insignificant recognition of such a right in the legal sphere justifies its being considered a forgotten right.

The criminalization of defamation (Libel) in order to protecting human dignity has raised the challenge of its conflict with the right to freedom of expression. Establishing a fair balance between the right to freedom of expression and the dignity of citizens requires the adoption of reasonable legal strategy. The purpose of this article is to evaluate the conflict or non-conflict of criminal defamation and freedom of expression with a descriptive-analytical approach in the Egypt's legal system. According to the results of the research, the Egypt's legal system, by criminalizing personal defamation on the one hand and decriminalizing public defamation on the other hand, and on the condition of correcting some of its shortcomings, lead to compatibility between criminal defamation and the right to freedom. In this way, while supporting human dignity, it avoid unnecessary limitation of the principle of freedom of speech, especially by those in power.

Investigating the death penalty as one of the examples of depriving the right to life has always been one of the most important concerns of human rights. On this basis, examining it in the constitutions and criminal laws of Islamic countries, both in itself and with regard to the type and degree of influence of these countries from the customary approaches of human rights or Islamic standards, is one of the requirements of human rights studies. This article seeks to answer the key question of what approach Islamic countries have taken into consideration regarding the "death penalty". This research is based on the descriptive-analytical method and is organized based on library and document studies. The findings of the article show that the level of concern for rights and freedoms and the type of encounter with them among Islamic countries has a direct relation with the relationship between religion and the government; However, the duality of custom and Sharia in the category of right to life in the constitution and the penal code of Islamic countries has had different reflections. Regarding the death penalty, extreme approaches (maximum permitting) on the one hand, and excessive approaches (maximum prohibiting) on the other hand, have lined up against each other; The dominant model accepted in Islamic countries, in this regard, is in line with the system of customary and secular human rights and is influenced by the approach of the divergence of religion and the government. However, with the strengthening of the convergence of religion and government in some Islamic countries, serious resistance regarding adherence to religious texts can be predicted.

As a vulnerable group of society, disabled people need special support from the government. Therefore, supporting disabled people requires identifying legal gaps and formulating efficient laws in this field. The way of facing and the quality of service provided by criminal and public institutions to these powerless groups plays an important role in guaranteeing their rights. The purpose of this research is to examine and diagnose the rights of disabled people in the criminal and public institutions of Iran and to identify the appropriate guarantees for the realization of these rights in these institutions. The main question of this research is that what rights do disabled people have in criminal and public institutions and what guarantees can be investigated to realize these rights as best as possible. The findings of this research show that the need to compensate for the damages, the possibility of easy access to the institutions of the criminal justice system, and the need to adopt protective-assistance measures as some of the rights that must be respected are faced with legal shortcomings and gaps, and the necessary guarantees have not been provided for them. Also, in the public institutions of the country, there is not enough easy access for the disabled to administrative places, the right to employment and recreation, as well as the right to enjoy care, health, medical, psychological and rehabilitation services.

Separation from the family, deprivation from education, lack of access to nutrition, health, treatment, and humanitarian aid are examples of the dangers to disabled children during an armed conflict. The legal status of children with disabilities - who are considered to be the most vulnerable minorities during armed conflict due to their special circumstances – is an important issue in international humanitarian law in recent years. The present study seeks to answer the question: what are the rights of these children in armed conflict and how to ensure them? Our assumption is that by relying on relevant human-rights and humanitarian instruments in this area and the practical actions taken by the international community, the rights of these children is moving in a direction that puts them on an equal footing with others in terms of general humanitarian protection and prioritizes them in benefiting from the humanitarian aids.

The rapid advancement of technology necessitates the alignment of basic rights and freedoms with legal accountability, particularly in safeguarding people's health rights and preventing adverse outcomes. Among these emerging technologies, artificial intelligence (AI) stands out as one of the most transformative, significantly impacting various sectors, including healthcare. This research aims to employ content analysis to examine the relationship between health rights and AI technology, focusing on transparency, permeability, and their mutual influence. The study reveals that as the importance of new technologies grows, so too do their associated challenges, which require regulation. AI has increasingly shaped the intersection of health rights and broader human rights. However, concerns arise in areas like self-awareness, decision-making, diagnosis, and treatment by AI, potentially leading to violations of health rights. The study suggests that a combined approach, where AI complements human expertise rather than replacing it, is a viable solution. AI should assist, not replace, human decision-makers, ensuring that ultimately, decisions are made by humans.

Considering that the right to development is one of the most important examples of human rights and the human being is recognized as the beneficiary of this right, Therefore, in order to advance and promote it, human rights institutions, whose pioneer is the Human Rights Council, are used. The purpose of this research is to investigate the role and impact of the Human Rights Council on promoting the right to development as a human right.

The present research, conducted with the analytical/explanatory method.

In order to promote the right to development, the Human Rights Council has entered in two ways, First, in the form of a general agenda and through its main organs, it has promoted and advanced the promotion of human rights, which is also included the right to development.Second, the Human Rights Council has addressed It, in the form of specific frameworks, including committees and mechanisms for the right to development. The present research aims to answer the question of what role the Human Rights Council played in the process of promoting the right to development, and in order to approve/reject this hypothesis that the Human Rights Council, by emphasizing the human rights origin of the right to development, has attempted to expand and deepen it, the impact of the two issues of “the right to development” and “the Human Rights Council” on each other has been investigated.

Today, the economy is one of the important pillars of human life, with the creation of a new world of economic communication and exchanges, which at the national and international level, in a complex manner and using modern global tools, it is necessary to take a new look at the category of the economy and the crimes resulting from it. . For economic crimes, titles such as economic corruption, white-collar crimes (the perpetrator has been labeled) and sometimes the term organized crimes, whose purpose is to gain material power and make a lot of profit, are used. It seems that the aforementioned titles alone do not indicate an economic crime; Because this area has different importance and dimensions that need analysis. Damage caused by economic and financial crimes is different in developed and developing countries. In international documents such as UN documents, the term economic crimes is also used, without providing a definition of these crimes, it is enough to state examples. Along with the evolution of human society, on the one hand, traditional crimes have changed into new ones, and in this transformation of crimes, the use of new tools plays an essential role, new anti-social behaviors have been created in various economic, social, and cultural fields, which made the legislator to criminalize in this It forces the fields. Global developments such as the growth of global trade and the ever-increasing economic communications and new tools in this field are among the causes of these rapid developments. Economic crime, due to its different structures and separate nature, and by challenging an economy, forces the legislator to react, criminal policy with a different and strict view should be introduced in this field. To ensure the economic security of the country.