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

Nowadays, in line with the increasing economic power of commercial companies, including multinational and transnational companies, and their commercial acts¢ impacts on human rights, states can no longer be considered the only human rights violators. Therefore, the United Nations Human Rights Council approved a document in 2011 in order to clarify the relationship between "human rights" and "commercial activities" and make commercial companies more accountable. It is called "Guiding Principles on Business and Human Rights". The aforementioned principles, in the form of three main parts, while creating an obligation for states to protect human rights and basic freedoms, also make companies responsible for observing the principles of human rights. Also, in cases of human rights violations, it has made it possible for the victim to file a lawsuit and claim damages. Based on this, due to the "soft law" nature of the guiding principles, the Human Rights Council has requested that states try to develop a binding document for commercial companies to comply with human rights obligations in the form of hard law. The Council has also asked the states to strengthen domestic legal systems by presenting a "National Action Plan" and enacting new regulations. A review of state practice since the adoption of the Guiding Principles, particularly the creation of a working group in order to draft a binding document in 2014, shows growing acceptance. Despite this fact, Iran's legal order, adhering to the main documents in the field of human rights, does not have specific and clear rules in the fields of business and human rights. Although it is possible to infer a harmonized approach based on the guiding principles from the perspective of existence laws, it is necessary to provide the grounds for presenting the national action plan and establishing new regulations by clarifying the guiding principles.

“Special rapporteurs” of the Human Rights Council as part of the special procedures are tasked with monitoring Human Rights situations of the countries on the country and thematic levels. Through time, these activities have played a significant role in informing and documenting the human rights situation of a country and norm-setting concerning emerging concepts. It is noteworthy that the result of the rapporteurs' evaluations is not focused and limited to the responsibilities assigned to them by the Human Rights Council; Rather, their reports are widely used and exploited as a reliable source by other institutions and organizations, including human rights treaty bodies, the United Nations General Assembly, the International Court of Justice and other national and international tribunals. In addition, they have been used by many international organizations and human rights defenders. Therefore, considering the extent of the use of special rapporteurs' reports by other mechanisms, it is necessary to know how and to what extent national, regional and international institutions, apart from the Human Rights Council, have used the activities of the rapporteurs and what challenges do special rapporteurs encounter in performing their responsibilities.

Unilateral US sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian human rights, and in particular to the challenge of economic rights. It does. The present descriptive-analytical study seeks to answer the question of on what grounds the US government can be committed to respecting the human rights of Iranians in the face of unilateral sanctions. It is necessary to prove this commitment because the international responsibility of the state depends on conditions such as proving the existence of the obligation and then violating it. The findings show that in the case of Iranians living in Iran, these commitments are extraterrestrial in nature and in particular involve a breach of commitment to respect and international cooperation. In the case of Iranians residing in the United States, the US government is committed to respecting and respecting these rights in its territory, and in relation to Iranians residing in third countries, there is a mix of US extraterritorial commitments and territorial commitments.

Due to the importance of global human rights issues, the international mechanism established in this field is of particular importance. Among these mechanisms is the Human Rights Council. The purpose of this research is to examine the performance of the Human Rights Council in Bahrain. The main research question is what has been the function of the Human Rights Council in Bahrain? The hypothesis of this research is based on the fact that the performance of the Human Rights Council is under the influence of Western governments. In this research, a descriptive and analytical method was used, and the findings of this research show that the special rapporteurs of the Human Rights Council are concerned with the performance of Bahrain in specific issues such as Children's rights, rights of human rights defenders, etc. and has given recommendations in this field. Also, in the global periodic review of member countries (in 2008, 2012, 2017), this council repeatedly questioned Bahrain's performance in the field of human rights and asked Bahrain to correct the mentioned cases. The government of Bahrain, in response to the special rapporteurs and periodic reviews of the governments that have made recommendations on human rights violations in Bahrain, has sometimes accepted and modified the recommendations and sometimes considered them to be contrary to the domestic laws and the modification Those recommendations have backfired.

Due to the great importance of human rights and its direct relationship with maintaining international peace and security, treaty institutions have emerged to monitor and control the implementation of human rights treaty standards. Such bodies are committees that act as monitoring bodies for universal human rights treaties. So far, 10 committees have been established in this way in the UN system. The committees, which form their main activities in this field through the State reporting system, have so far had significant effects on the implementation of human rights and the reform of national laws. Despite all the positive achievements of these institutions, there is a negative reality in this system; the system has never been carefully and coherently planned. Such incoherence and planning have led to many negative consequences, including financial problems, lack of staff and, insufficient effectiveness. The purpose of this article is to examine the various ideas and solutions to solve the problem of incoherence and waste of resources by asking whether it is time to consolidate these institutions in the Human Rights Council to solve the problems.

Unilateral sanctions are examples of unilateral coercive measures that have been discussed in numerous international documents because of their extensive implications for human rights. This descriptive-analytical article seeks to explain that the US government is in some cases internationally responsible for human rights abuses and violations of treaty and customary obligations due to unilateral and extraterritorial sanctions against the Iranian government and individuals. The reports of the special reporters of the Human Rights Council on the negative effects of unilateral coercive measures on human rights has been examined in this research. The results of the study indicates the need to establish a coherent international mechanism to record unilateral coercive measures of states and periodic reports of targeted states on the human rights effects of sanctions on their citizens as well as the establishment of a specialized tribunal under the auspices of the United Nations Security Council to refer individuals and institutions affected by unilateral sanctions and to compensate them.

Human Rights Council Advisory Committee is a consultative body of the Human Rights Council that provides the council's requested consultations. Its studies and reports lead to draft some international instruments. It is important to recognize the advisory committee to understand the mechanisms of the UN system for protecting human rights. The present study was designed to identify the advisory committee and examine and review its function and role. This research has shown that the Advisory Committee has an international advisory role and it issues recommendations. Another function of the advisory committee is providing suitable area to interact, exchange ideas, debate, and dialogue between experts of the Advisory Committee and representatives of governments and NGOs about human rights issues. The Advisory Committee protects and promotes human rights through shaping public opinion, informing and increasing knowledge and information production on various human rights issues through studies, preparing reports, and drafting some international instruments. The Advisory Committee has strengthened the functions and efficiency of Human Rights Council.

Place of the Unmanned Aerial Vehicles (UAV) in Protection of Human RightsAbstractSince utilization of UAVs in identification and surveillance missions to their use as rocket launchers in military operations, different views on their use and deployment have been proposed. Some individuals have justified or criticized their applications. The aim of this research is to examine the parties’ positions on the use or non-use of UAVs for human rights reasons and address this fact that the use of UAVs is justifiable and feasible for human rights reasons. Using a descriptive-analytical approach, this research has depicted that UAVs have not merely been against human rights, however in some cases, they have protected human rights indicating that UAVs are not exclusively for war; however, they are tools that can serve for war purposes against human rights by governments, governmental and international and non-governmental organization or serving human rights. Keywords: UAVs, International Human Rights, International Humanitarian Law, Human Rights Council

In the post-industrial age, the institution of the family, which is the basis of the civilized societies, is on the verge of collapse and the right to family life is exposed as a serious violation of human rights. The importance of the subject matter of the family has prompted the authors to elucidate the position of this right in various human rights instruments and assess the international human rights situation with the family and its changes and related measures. Although some of these documents are international non-binding regulations, it can be used to formulate a mandatory family-based document that is something nice. Also, the provision of basic services in the family and the promotion of family attention in international policy is positively evaluated. But in spite of these positive efforts, unfortunately, the individualism and equalization of people in the center of the family, influencing the drafting of international documents while legitimizing the unusual patterns of the family, have weakened the family and somehow its collapse is continuing.

The “United Nations Commission on Human Rights” was principal body within the United Nations system responsible for strengthening the promotion and protection of human rights .It was assisted in this work by the “Sub-Commission on the Promotion and Protection of Human Rights”. Originally the 'Sub Commission on Prevention of Discrimination and Protection of Minorities', it was renamed in 1999. The Sub-Commission's main functions were to undertake studies and to make recommendations on human rights issues and to carry out any other functions which may be entrusted to it. After The Human Rights Council replaced the former United Nations Commission on Human Rights, the Council adopted its "Institution-building package" to guide its work and set up its procedures and mechanisms. Among them was the “Advisory Committee ”.It has been replaced the former Sub-Commission on the Promotion and Protection of Human Rights. The Advisory Committee provides to the Human Rights Council expertise and advice on thematic human rights issues. This article was designed to compares the two institutions and their function and role to protect and promote of human rights and realization UN’s goals in the files of human rights.

The situation of human rights in Iran has been raised both in Human Rights Commission and its successor Human Rights Council after the Islamic Revolution in Iran. Three rapporteurs i.e. Ahmad Shaheed, Asma Jahangir and Javid Rahman have so far been appointed to report on the situation of human rights in Iran which in result seven reports have been delivered to the Council and the General Assembly. The main idea in this article is to find an answer-irrespective of the claims made by Iran on the politicized and selective orientation taken by the Council in appointing the rapporteurs- to the question that what kind of relation is dominant on the reports of the special rapporteurs on the situation of human rights in Iran and whether the human rights framework in Iranian legal system is compatible with international law system or not. As hypothesis of the article, the authors believe that the relation between these two is a challenging one. In some cases –discussed under the title of challenges as to the bases of Iranian legal system- the challenge is so high that in no way any reconciliation between the reports and Iranian legal system is imaginable. In other cases the challenge is not that much critical and is mainly based on misacting -or not complying with- the Constitution or badly enacted Acts.

The United Nations commission on human rights (UNCHR) was established as functional commission within the overall framework of the United Nations in 1946. During the second phase of its function when it decided to adopt interventionism as its policy in 1967, the commission was faced with major challenge of politicization of human rights consideration and exploitation of its mechanism and procedures by certain countries manifesting itself in non-compliance or violation of the UN human rights guiding criteria such as impartiality, independence, transparency and objectivity. This was met by the growing concern and discontent of international community.The continuity and exacerbation of the said concerns and emergence of their diverse manifestations in recent decades led the United Nations members, particularly the developing countries who were often the target of said exploitation to intensify their endeavours to bring about structural reforms and appropriate substantive changes. This ultimately led to dismantling of the Human Rights Commission and its replacement by the UN Human Rights Council and its progressive procedure of Universal Periodic review (UPR) in 2006. The main objective of the article is the assessment of the scale of compliance or infringement of the Council Special Procedures’ mandate-holders of the aforementioned principles and standards. With descriptive-analytical approach, the article examines the Human Rights Council’s monitoring mechanisms including country situation rapporteurs, and in particular the conduct of the Special Rapporteurs on human rights situation in the Islamic Republic of Iran. The findings of the present research, indicates that, despite certain reforms and improvements this specialized organ of the United Nations continues to be faced with the chronic challenges of the past preventing it from implementing the crucial task it shoulders.

Transnational Corporations (TCs) are one of the principal participants in the political, social and economic contemporary world. These corporations have put out desire and appropriate achievements, as well as harmful disorders in human rights domains. The latter has led to the disputed problematique in international law. Have TCs any human rights obligations? In response to this question, two main approaches have formed: The first is the ethical approach which argues that human rights as a priori fundamental ethical obligations are assignable to all entities including TCs. The second is institutional approach which says human rights are those rights that have listed in Human Rights Declaration and subsequent international instruments and contemplates that states are principal duty bearers towards human rights obligations. According to the recent approach, the lack of direct assignment of human rights obligations to TCs is a more appropriate way to protect these rights. This article examines both approaches as well as attention to the documents of the Human Rights Council which has produced many documents in this respect and concludes although TCs have human rights obligations but still the States are being considered direct duty bearers towards human rights obligations.

The phenomenon of internationalization of Human Rights starts by establishing the human Rights Commission along with Security Council and General Assembly to maintenance of International peace and security and respect to human Rights according to the violation of human rights, and Culminated with the replacement by the Human Rights council.
Myanmar Crisis and human Rights violation in it which starts 2012 is a case of human Rights violation that needs the Human Rights Council's attention to stopping the Genocide there.

The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations System, and is one of the most prominent institutions of the United Nationswhich monitor human rights record in member states. The UNHRC is the successor to the United Nations Commission on Human Rights (UNCHR), and is a subsidiary body of the United Nations General Assembly. It has addressed human rights status in Iran mostly through UPR and Special Rapporteur. The Council works closely with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United Nation's Special procedures. The state of human rights in the Islamic Republic of Iran and many other countries have been addressed both by UNHRC and NCHR. The council and its predecessor have had confrontational and partly normal interactions with I. R. of Iran since 1979. This article reviews these interactions and focus on their confrontational legal status on torture, execution, Islamic Punishments and etc. It is believed part of this confrontations stem from different legal systems and ambiguities in some of Iran penal law.

Whenever we look at the concept of "human rights" from historical point of view, we can see that this concept with different changes and variables, has been much developed and evolved. From the lawlessness to a period with a few natural rights and limited to some specific nations, to a period with universal rights. The most important concepts underlying the institutionalization of human rights in the world and also converting these concepts into the international practices, came into existence since the founding of the United Nations. Basically, the cornerstone of the United Nations is based on the acceptance of the concept of human rights. The introduction of the United Nations Charter indicated to the fundamental human rights and need to respect these rights, as noted: the international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms... . Human Rights Council was established in 2006 (1384 SH) as the first human rights subsidiary organ of the United Nations with the aim of promotion and protection of human rights in all countries. Islamic Republic of Iran, in addition to the UN Charter which some of its articles are dedicated to human rights, has signed and ratified many of international human rights treaties. The present article tries to study the structure of the UN Human Rights Council and interactions of the Islamic Republic of Iran with it.

Universal Declaration on Human Rights and International Covenant on Civil and Political Rights have endorsed the preexisting right to freedom of peaceful assembly for all citizens regardless of the location of such assemblies and the message which they try to proclaim. However, since peaceful turnouts may be a causative factor for public disturbance and are usually used as an instrument to protest against State’s policies, governments do not seem pleased when a demonstration plans on taking place in public. In order to recognize and secure the right to assembly, the externat to which people can enjoy this right and the circumstances in which governments are allowed to interfere with an assembly should be clarified. Even though international efforts to define the aforementioned right initiated years before Human Rights Council took any steps, the common understanding of what the right to freedom of assembly really is have greatly improved after its involvement and the spotlight on events in a number of Arab countries since 2011.

This paper studies how human rights and peace affect each other. The historical experiences of human societies have indicated that peace and human rights have had close connections to each other. These experiences have developed in the modern times so that nations and states are in the view that human rights and peace are complementary. Accordingly, achieving real and sustainable peace is impossible without respecting human rights and it cannot expect that human rights are fully respected if there is no peace. This interrelation has developed nowadays in a way that today the right to peace has become one of the examples of the third generation of human rights and a fundamental human right. This means that it is not possible to realise other human rights without realising such a right. In other words, the right to peace constitutes the basis of other human rights. This is because the first generation of human rights (that is civil and political rights) and the second generation of human rights (that is economic, social and cultural rights) and even the third generation of human rights (such as the right to development and the right to a healthy environment) cannot be realised if the right to peace is not respected. It is in this context that this paper examines such documents as the Charter of the United Nations (UN), The Universal Declaration of Human Rights, the UN Covenants on Human Rights, related resolutions of the UN general Assembly (in particular Declaration on the Rights of People to Peace – Resolution 39/11, 12 November 1984, and Resolution on Promotion of Peace as a Vital Requirement for the Full Enjoyment of All Human Rights by All –Resolution 62/163, 18 December 2007) and resolutions of the UN Human Rights Commission and of the UN Human Rights Council in order to demonstrate how human rights and peace have been considered as dependent on each other so that the existence of one depends on the existence of the other. Finally, this paper concludes that full respect of human rights is not possible without peace and it is impossible to achieve sustainable and real peace in the world without fully respecting human rights. Accordingly, nations and states should make their best efforts to strengthen peace in the world through respecting human rights and to pave the way for realisation of human rights in the world by maintaining international peace and security. It is certain that human rights can be respected more effectively when states are in peace with each other. It is in such universal society that the interests of all nations are guaranteed and safeguarded.