جستجوی مقالات مرتبط با کلیدواژه « the universal declaration of human rights » در نشریات گروه « فقه و حقوق »

The right to education is one of the basic and fundamental rights that is considered among the basic human rights. This right has been emphasized at the global level under conventions, international covenants, the Universal Declaration of Human Rights and the Constitutional Law of countries including Iran. The international community''s effort to protect children led to the ratification of the Convention on the Rights of the Child, which Iran joined in 1993. The Convention on the Rights of the Child, as a global convention, has established criteria for the right to education and obligations for the member countries of the convention, including: non-discrimination, free education, compulsory education and the use of education for life. These principles are also crystallized in Iranian law from including Article 30 of the Iranian Constitution. The constitution, which is the most basic and main law of the country, emphasizes the right to free education and training for all children. In view of this, the important question is whether the protections provided of children''s right to education in the Convention on the Rights of the Child and the Constitutional law Iran guarantee their needs? According to Articles 28 and 29 of the Convention and Article 30 of the Constitution, primary education should be compulsory, free and accessible to all. If there is no request to have the right to education for children, the only way to have this right is to protect and guarantee all the rights made in the present convention. In this article, we are trying to study this issue in detail with a practical-descriptive method.

Epistemic field of participation is as old as the first controversies between theory and practice on the status and role and power of people’s influence in level of governance relations. By looking at the genealogy of participation’s concept and focusing on ancient time thoughts as well as contemplation in researches and achievements made in recent half century in the West, many justifying and decisive reasons are raised on participation “righteousness”, in which a main part of such claims is put today in domestic and global legal texts and documents in public law’s arena and has taken an explicit and unchangeable or resistance countenance against any revision.  Despite of the ratio of righteous perception effect of the basis of people’s participation in the texture of the Constitution Law and universals documents, present research, through a comparative approach and with analytical method, attempts to emphasize on the necessity of rethinking on conventional perception concerning the basis of people’s participation in transition to its “responsibility supposition”, through the materialization Universal Declaration of Human Responsibilities.

Human rights are of the basis for the local and international laws and bestow legitimacy on states. Furthermore, a vast number of theories in the field of humanities are evaluated based on their approaches to human rights. Despite widespread assumption that “human rights” is a clear and commonly accepted concept, in this article I show the opacity of human rights both conceptually and extensionally. Also, I explain that, as long as “human rights” is not clarified, the whole discussions on human rights in the fields of law, economics, politics and so on will be in vain, and the clarification of “human rights” is possible only under philosophical examination of this notion. Human rights are of the basis for the local and international laws and bestow legitimacy on states. Furthermore, a vast number of theories in the field of humanities are evaluated based on their approaches to human rights. Despite widespread assumption that “human rights” is a clear and commonly accepted concept, in this article I show the opacity of human rights both conceptually and extensionally.

The purpose of codification and ratification of the Universal Declaration of Human Rights (UDHR) has not been exclusively this that the rights and freedoms mentioned in the declaration be identified, but besides this, one of the main objectives of codification of the (UDHR) has been that the rights and freedoms inserted in it to be enforced by law enforcement. Due to the fact that the provisions of the Universal Declaration of Human Rights not only considerably has been reflected in the constitution of Afghanistan and the others Laws of this country, but has been effective in achieving the goals of human rights in Afghanistan. In the preamble of the Constitution of Afghanistan to respect and in the article 7 of it to observe of the (UDHR) has been stipulated. Also the government of Afghanistan in the constitution of the country in various fields of achieving human rights goals has been known to commit human rights goals. The establishment of Afghanistan Independent Human Rights Commission (AIHRC), the realization of the right to education, the establishment of political parties, the realization of people's participation in public affairs, the realization of freedoms of speech, press and formation of civil society organizations, are some of the realization of human rights goals in Afghanistan that affected by the provisions of the (UDHR). Since the sacred religion of Islam has been taken for as the source of legislation in the constitution of Afghanistan, therefore the rights and freedoms in the UDHR which are contrary with the beliefs and sentences of the sacred religion of Islam are not practical in this country. The research method used in this article is descriptive-analytic and the purpose of writing is to examine the effect of the provisions of the UDHR in achieving human rights goals in Afghanistan.

Since the full realization of civil rights and freedom is not possible without the foresight and respect for the duties of citizenship, is not possible, in addition to prediction of rights and freedoms has been payed attention to the duties of citizenship in the Universal Declaration of Human Rights and the Constitution of Afghanistan. Given that the UDHR has not been arising from the particular perspective of a country which that given the independence, territorial integrity, national security and order, objectives and national interests to determine duties for the citizines, this declaration has given over the determination of duties limitations of the persons to the society that these persons belong to it and prepare the free and full development of their personality. Due to the fact has been that Afghanistan given the independence, territorial integrity, public order and national security, national goals and interests of it has predicted a series duties for the its citizens.
Due to this that the aim of the UDHR has been recognization of rights and individual freedoms, the government of Afghanistan such as other countries has been influenced to insert these rights and freedoms in its constitution and other laws and since the mentioned UDHR has not counted the human duties, it has given over the determination of individual duties to the related society. Therefore, the government of Afghanistan has not influenced too mcuh from this perspective and it has been resorted to determine the duties of its nationals accourding the security inquiremetns, public order, public morality, economic vigor and governing circumstances to the society.The methodology used in this research is cross-sectional and the goal from the writing of it is assessment of the civil duties inserted in the UDHR and the Constitution of Afghanistan.

The present paper that prepared by the author and read at the Hamburg Orientalist Institute could create a platform for publishing multiplied and diverse views from different perspectives to the hidden and obvious layers of the word “human rights” and challenged specific audiences and experts and have scientific and professional opinions; An approach that can contribute to richer issues of human rights. Because of the opinion of the author, although the majority of intellectuals and statesmen in most societies, despite the fact that they can not fully conform the foundation of human rights with their ideological foundations, of course with the sophistry that happened in its keyword; But according to the expedients, ignoring it is not advisable and basically it can not be neglected and completely considered useless. But it should be noted that neither you can perform that completely, which can not be done completely at all, nor you can not perform that completely and objected to all its paragraphs.

In the history ,asylum has passed the extensive developments and nowadays has become one of the most important political developments - social in the international arena . Despite the nature of right of asylum, in practice, political factors and the interests of the countries take out the issue of legal status. As far as the time and place conditions has been effective in government's decision making to grant asylum. This research is trying to explain the government's performance realistically. Also in this regard we will notice the condition of asylum in the Islamic Republic of Iran.

The claim of inefficiency of Islamic human rights which is demonstrated in different ways is one of the fundamental and logical challenges. The present paper, which discusses and criticizes the most important argument which support this claim, examines the assumption that the model of Islamic human rights is paradoxical, and refers to the paradox in assuming that other human rights declarations are sound, a view which Islam rejects. On the other hand, it examines the assumption of the necessity of adopting an extra-religion view about human rights and inefficiency of the intra-religion view about them to conclude that neither extra-religion view is "necessary" nor intra –religion view is "inefficient"; rather they, on the whole, are possible though for accessing real and sound human rights it is necessary to have religion as a basis.