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

Artificial intelligence is one of the most basic and serious topics of research and investigation in the world today. Artificial intelligence is progressing and developing in a lightning-fast and amazing manner in the current era. Very soon, we will see huge changes and developments in this type of new technology. This new technique and technology has been widely used internationally in various professions and industries. The profession of law, law, and distributive justice is not exempt from this issue; now this question is raised, which of the tools will be more useful and appropriate to achieve distributive justice; Human intelligence or artificial intelligence? Is it possible to bring society closer to real justice and fairness with this new technology in this modern era? What is certain is that artificial intelligence with the behavior of human intelligence strengthens capabilities and increases efficiency. Therefore, the findings using descriptive, analytical, and argumentative methods show that artificial intelligence in terms of speed, accuracy, and decision-making power in analysis and problem analysis is more effective and efficient compared to human intelligence. Thus, the use of this new technology helps a lot in the fair distribution of incomes, opportunities, and important economic issues in society. Although the negative effects caused by the expansion of this new technology cause economic, educational, moral, and other discriminations and inequalities; however, it is possible to reduce the negative effects of these inequalities caused by the development of this new technology by exercising caution, carefully managing and monitoring data, creating programs and supporting laws, and using artificial intelligence technology based on the principles of distributive justice.

Due to the various characteristics of cultural heritage, any attack on it draws the attention of the international community. This can be seen in the reactions of the United Nations (UN) to the destruction, looting, and trafficking of the cultural heritage of countries such as Iraq, Syria and the other countries committed by terrorist groups. What is important here is the United Nations Security Council's reactions to this issue. It seems that, in terms of securitizing cultural heritage, the procedures taken by the Security Council for the protection of cultural heritage have included requiring internal measures (affecting the domestic law of countries) and referring to the humanitarian aspects of cultural heritage. Paying attention to the Security Council’s performance with regard to cultural heritage can be effective since the Security Council, as the main pillar of the UN, has the primary duty of maintaining international peace and security and its decisions are binding for the UN members as per the UN Charter. To this end, this paper, by adopting a descriptive and analytical approach, tries to examine and explain the procedures of the United Nations Security Council for the protection of cultural heritage. Based on the findings of this paper, we conclude that United Nations Security Council’s resolutions have been effective in protecting cultural heritage.

The Security Council has interpreted the concept of international peace and security extensively and extended it to a wide range of issues, including the protection of human rights and the protection of human rights abuses. So that some of its decisions and actions have been beyond the limits of legal authority and competence and incompatible with the objectives of the Charter and human rights obligations and contrary to the standards of international law. The purpose article is to examine the Security Council as an extra-legal body and the shortcomings of its commitment to its obligations and responsibilities in the face of serious human rights violations resulting from Chapter VII and humanitarian interventions. Despite the council's claim of human rights protection, there has been a clear contradiction in its management behavior and performance, which not only has not reduced human rights violations in practice, but has in some cases exacerbated the council's inefficiency. The findings show that non-compliance with the limits and powers and veto power of the permanent members of the Council is one of the most important factors in the failure of the Security Council in resolving human rights issues and managing international crises. Therefore, by adopting a mechanism independent of the political interests of the permanent members and using the veto to strengthen and positive cooperation, we can pave the way for fundamental changes in the behavioral patterns and procedures of the council and proper internal monitoring of its actions and commitment to provided human rights obligations.

Although unilateral sanctions usually evoke the special role of the sanctioner countries as the main cause of human rights adverse effects caused by the imposition of sanctions, but this issue should not lead to ignoring the role and responsibility of the target countries in the extent of the effects and providing the human rights needs of their residents. In other words, unilateral sanctions (primary and secondary) inevitably always contain side effects, the amount of which can always depend on various factors. So far, most of the books and articles written in the field of sanctions have examined sanctions and human rights violations from the point of view of the sanctioning country, and limited research sources have also examined sanctions from the perspective of the target countries and third countries. One of the most important goals of internal sanctions is to review the internal structures and laws and subsequently modify the structures and laws that intensify the sanctions, and in this article, it is referred to as self-sanctions. Third countries can also support their nationals who are engaged in trade with the sanctioned country by imposing blocking regulations while preventing the violation of their sovereignty by the sanctioned countries. In this article, an attempt has been made to explain the role and responsibility of the concerned countries in sanctions (sanctioner, target and third party), and examine the structures, laws and regulations of the target country (especially Iran) and its role in the effects of sanctions. At the end, we will provide solutions to modify and change them.

The definition of intellectual property rights is important and vital to express the conflict of public and private interests because the clarity of the subject, goals, principles, subject matter and proof of ownership of the intellectual product and creator's ownership are on the topics that value the public and private interests in intellectual property rights. It clarifies and expresses the importance of paying attention to both and creates a suitable context for expressing the conflict of public and private interests. An important question that arises before examining the records and the time of the formation of intellectual property rights is what are the rights. Is it intellectual property? Providing a definition of intellectual property rights is necessary to identify the issue in which the conflict between public and private interests is to be examined. Because without clarifying the meaning and definition of a discussion and not identifying its topic, it is impossible to investigate and provide a solution, and if it is done in vain.

One of the most important foundational bases recognized for human rights is human dignity. It has been stipulated in Islamic texts as well as the introduction and primary matters of the international human rights documents. This recognition and emphasis mostly regard the importance and priority of this element and its role as the cornerstone of other rights. Despite this recognition, verification, and stipulation, there is no clear definition of human dignity and its theoretical foundations and indices have not been clarified. Therefore, the main question of this study is "What is the concept and theoretical principles of human dignity in the Islamic rules and international documents related to human rights?"Adopting a descriptive-analytical method, this study found that dignity is on the one hand one of the important goals of Islam and on the other hand one of the main foundations of human rights. Human dignity is a real issue, and the actualization of human dignity includes all humans. It is related to all layers of humanity. In addition to being one of the main principles of human rights, the dignity of humankind is a divine grace in the human being's creation. This common point is deemed an important starting point for creating interaction between human rights and Islamic rules. Nonetheless, due to the disagreement in ontology and theoretical principles, the attitude to it is different from the viewpoint of Islam and international documents. That is, human dignity is viewed differently by Islam and international documents in terms of ontology, theoretical principles, source of origination, types, kinds, effects, nature, and realms.

The Rohingya people are a Muslim minority who comprise less than 5 percent of the 55 million inhabitants of the Union of Myanmar. They have been subjected to organized crimes by the country's army and government, which amount to systematic human rights violations and the crime of genocide, according to international law and criminal standards and their application to the situation of the Rohingya Muslim minority. Genocide is a crime against human rights because it violates the most basic and obvious human right-the right to live. The violence perpetrated by Myanmar's military forces at different stages against the Rohingya ethnic and religious minority clearly shows the mens rea and actus reus of genocide in Myanmar. Despite the fact that genocide infringes on the most important human right, the right to live, international law has not been very successful in protecting this ethnic minority. One of the main barriers to the protection of the Rohingya ethnic minority is that international law does not have a clear definition of their status and especially the nature of their relationship to their homeland; it only refers to them as a minority that suffers from torture, harassment, and discrimination. The fundamental problem, however, is that the Myanmar government denies the identity and historical links of these people as an ethnic minority to the land of Myanmar. Therefore, the authors' hypothesis is that despite all the efforts of international law, the Rohingya ethnic minority has not derive a benefit. The aim of this article is to examine, using a descriptive-analytical method, the crime of genocide as a breach of minority human rights, with a focus on the Myanmar genocide.

The Universal Declaration of Human Rights is one of the most important and influential documents that casts a shadow on various areas of human life today. It is certain that this document was formed based on different foundations and schools. Examining the foundations of the declaration is important because it plays a role in determining the political and legal positions of every country and civilization. Among these foundations, we can mention the issue of the origin of rights and laws. The school of natural law, which seeks the origin of law in the essence of actions, is the oldest school in answering this issue. The main problem of the article is what is the relationship between the Universal Declaration and the school of natural law? Therefore, this research intends to examine the school of natural law, by referring to the in-text evidence of the declaration and with an inferential analytical approach and with an interpretive approach to some words of the declaration and also using its external references to measure the relationship of the universal declaration with it. The findings of the research show the special connection of the Universal Declaration with this school. The declaration's focus on the position of human dignity, the equality of rights and their inalienability in the introduction of the declaration, as well as the emphasis on its universality and inclusiveness towards religions, races, etc., indicate that the declaration cannot have a valid relationship with the schools of thematic law or the historical school. Rather, it is based on the school of natural law. Although in this field, sometimes non-independent and sometimes independent writings are found; However, the advantage of the present article can be seen in its analytical and interpretation method and its focus on the words of the declaration and its intra-textual and extra-textual centrality.

The right to freedom of information is considered as one of the most fundamental human rights, as well as one of the requirements of democracy and one of the political rights, which plays an essential role in guaranteeing other rights through raising awareness of people and transparency of performance. governments have The said right, although according to Hofeld's analysis, it is considered one of the rights-claims that the governments are obligated to, it is not an absolute right and has limitations. The restrictions governing the aforementioned right are mainly public order, public interest, public interest, ethics and the like, which are considered abstract concepts and there is no consensus on its definition and nature, and it is not defined in human rights laws and documents. . For this reason, there is always a possibility that they will be abused by governments. The possibility of abuse, especially in the case of the said right, which is actually the right to access administrative documents and documents, and is actually the right to monitor the performance of the government, is more. Therefore, it is necessary to examine the scope of the aforementioned concepts in the procedure of judicial authorities. Considering that governments are always one side of such lawsuits and there is a possibility of usurpation in the proceedings of domestic judicial authorities, for this reason, the judicial authority beyond the governments, the same authority that specializes in human rights issues. Paying better than any other institution can be decisive in this regard. Therefore, an attempt has been made to analyze the procedure of the European Court of Human Rights as an international, albeit regional, judicial authority regarding the limitations of the right to freedom of information in a descriptive-analytical manner.

Intelligent State is the State which is the artificial intelligence (AI) its agent and not human beings. The technological process is shown that such States will be established beyond electronic State and Cyber State on the basis of human reliance on optimized decision making by AI and transformation of the constitution to the constitutional algorithms. The present descriptive-analytical paper seeks to answer the question of that what would be the position of human rights at the possible future fulfillment of the intelligent State. This shows that wide information which is given by users and citizens to them, leads to more confidence in AI. So, it is expected that AI will revolve the concept of privacy and many jobs and make fundamental changes in social institutions such as the family. This process requires that democracy and political rights which is aroused to find new concepts to evolve supervision on the State, to develop citizenship to AI and causes losing human rights’ position in international relations. In fact intelligent State is a danger to human dignity itself and what it will dispose this danger is global consensus on constitutional algorithms ethics and values.

In modern societies, although in most legal systems of the countries there is a legislative power, the mechanism of drafting and reforming laws in each of them is based on the principles and intellectual and historical foundations and social and cultural conditions of the country. Therefore, examining the relationship of Islamic Sharia with laws and legislation in Islamic societies is a crucial legal issue; In Iran, scholars of Shi’i jurisprudence have extensively explored and investigated this issue since the Constitutional Revolution (the Mashrutiyat 1906-1911), and tried to theorize the possibility (javaaz) and mechanism of legislation within the Islamic societies. Notably, the theory proposed by Mirza Mohammad Hussein Naini, which categorizes rules as fixed or variable, significantly influences the legislative process in the Islamic Republic of Iran. In this descriptive-analytical essay, we are dealing with the views of two most important designers of the theories in the field of variable rules and we are comparing what Naini calls "ma la nass fieh" and  possibility and mechanism of human legislation in this area, with what Al-Sadr calls "mantaqato Al-faragh" and the authorized scope for human legislation in this area.According to the Naini's theory, most of the cases related to governmental administration, ranging from micro-levels matters such as traffic laws, to macro-levels issues such as development plans, fall into the variable category of rules; And in this way, we can justify transtemporal and extraspatial rules and cossistant with social and economic developments in the Islamic legal system. While these variable rules are considered part of Shariah, their content is entirely customary and expert-driven, described by Naini as “orfiyah mahzah” (purely customary). Consequently, the duty of the legislative power is not merely to derive God’s commandments or applying these commandments to the issue (ie. compliance in the application stage); instead, the duty of the parliament is enacting laws based on expert assessments of societal benefits.But according to Al- Sadr, the rules of Islam, whether are superstructural and substructural, should be deduced in the form of a theoretical compound and all of these rules should be implemented. When mandatory superstructure rules exist, they must be followed. In other cases, adherence to basic rules provides the foundation, and variable rules are enacted accordingly. As a result, the Islamic Ruler, in the area where there are no mandatory rules, formulates and enacts laws based on general implications of existing rules and taking into account the non-opposition to mandatory laws.Therefore, even though Al-Sadr's theory in relation to dividing rules into fixed and variable, is similar to Naini's theory, but it differs from it in many ways. One of the most important differences in these two theoris is the permissible scope of human legislation and mechanism of it. Mirza Naini calls this scope "ma la nass fieh" and in the way of attributing variable laws to religion, in his opinion, it is enough that variable laws are not "definitively contrary to" fixed rules of Sharia. But Sadr calls it "mantaqato Al-faragh" and considers it "free from mandatory rules" (no ‘ma la nass fieh’); And he believes that in this area, although there is no specific text about a specific issue and there is no a direct mandatory rules regarding a specific issue, but the evidence and texts here also have hints and implications and there are general rules that legislation should be based on. Therfore, unlike Mirza Naini, who believes that there is no implications for Islamic evidences in this area, Al-Sadr believes in the general principles and general implications of the evidence in this area, and in this way he have given a role to  Islamic jurisprudence in enacting of variable rules, and he believes that the system of jurists should applying two methods of inference and performing ijtihad for Islamic legislation in mantaqato Al-faragh: firstly, they deduce the principles from the religion, and secondly, they legislate according to these principles. But in the view of Mirza Naini, the Islamic jurists should only control customary legislation that is not against the Sharia and then validate its implementation.Of course, Al-Sadr also believes in the role of the people and the customary expert in the legislative process, and he states that in addition to the role of Islamic jurists, the benefits of the society according to situations and circumstances should also be considered in the legislation. But it is clear that the legislation in theory of Al-Sadr (the combination of expertise and religion) is different from that in Naini’s theory (legislation based on custom and does not contradict Sharia rules): In Al-Sadr’s opinion, the legislation must be consistent with Islam; That is, the involvement of religion in legislation must be a procedural interference, and to achieve consistency with religion, simply creating a council and guarding after the legislative process is insufficient to ensure consistency with religious principles. Also, our article critiques this perspective.

According to numerous international human rights documents, the right to have an adequate level has been recognized as one of the examples of fundamental human rights, and these rights are also today, with their theoretical and philosophical foundations, as well as their new executive mechanisms, supra-sovereign rights and under the constitution. is considered universal; On the other hand, since the post-World War II period, the application of economic sanctions in the field of international relations as one of the guarantees of dealing with violations of the standards and international obligations of governments and with the aim of putting pressure on them to align themselves. With the global order, it has been given serious attention and its importance and application are increasing day by day. The purpose of this research is to examine the violation of the fundamental human right to have an adequate standard of living and the right to food through the application of international economic sanctions against governments. Applying such an executive guarantee itself causes a violation of food security and the fundamental human right to have an adequate standard of living, especially the right to food. Human rights, with their philosophical and theoretical foundations, are protective rights, and it is the duty of governments and domestic, regional, and global political institutions to respect, support, and guarantee their implementation, and the violation, limitation, or deprivation of these rights cannot be justified under any pretext. The legal validity of economic sanctions faces a serious challenge.

The constitution, as the supreme law of a nation, ensures the rule of law and citizens’ rights, protects human rights, and reduces the likelihood of arbitrary government actions. The establishment of the constitution is commonly considered the most effective means of upholding constitutional values and protecting the individual’s fundamental rights. However, the absence of a written document of the constitution does not necessarily imply the absence of the rule of law or of the guarantee of human rights or even of control over government actions. Nor does it conclusively indicate the full implementation of constitutional principles and values in societies governed by a written constitution. Therefore, the concept of constitutional law and the associated principles extend beyond written documents. It is now recognized that the written constitution is not the sole authoritative source of constitutional norms. Yet going beyond legal formalism and embracing the institution of the unwritten constitution requires careful examination of its foundations and functions. Simply incorporating this concept without critical reflection on its origin and functions risks incomplete understanding. The contemporary conception of the constitution is imbued with its unwritten norms, so overlooking this aspect of any legal system results in a flawed understanding of the constitution. However, introducing ideas and concepts into the national legal system requires a thorough understanding of their origins and foundations, as well as the consideration of the feasibility of aligning domestic institutions with new concepts. Otherwise, newly introduced concepts may create a patchwork in political and legal structures, thus adversely affecting society andcausingsignificant harm. To attain a precise understanding and prevent potential abuses, emerging concepts in public law, such as the unwritten constitution, must be rigorously analyzed and explored with an eye to their origin.Upon closer analysis, it becomes clear that the concept of unwritten constitution is not boundless, but rather operates within a specific framework and scope. Failing to grasp the foundations of this concept and inadequately explaining it can lead to increased reliance on discretionary opinions, thus causing ambiguity over the nature of practices, procedures, and rules within the constitutional law system. Consequently, certain political practices or actions may erroneously be considered part of the constitution— albeit in an unwritten form—and subsequently legitimized by being foregrounded in the political arena. Concerning the unwritten constitution, there are some scholarly efforts to clarify and dispel ambiguity surrounding this concept, yet it remains relatively unexplored in the Iranian context. There is thus a need to examine the foundations of legitimacy of the unwritten constitution, and distinguish it from merely political and ephemeral principles, rules, and procedures. In this respect, the present study tried to gain a deeper understanding of the unwritten constitution as a legal institution, shedding light on its most significant foundations through description and analysis. It aimed to address the following research question: What is the origin and source of legitimacy of the principles, regulations, and norms that do not derive their authority from the text of the constitution but nonetheless underpin the rights and freedoms enshrined in the text?

As a descriptive–analytical inquiry, the present study used a library research method and note-taking to collect the data from different sources in order to examine the foundations of legitimacy of the unwritten constitution.

The research highlighted the necessity of a comprehensive understanding of the unwritten constitution, as a relatively nascent concept within Iran’s constitutional law system. Such an understanding would necessitate the examination of foundations of constitutional legitimacy and their analysis beyond the confines of the national constitutional framework. The approach or methodology employed in identifying the nature of the constitution plays a crucial role in narrowing down or broadening its scope and substance. For example, the formalist approach would focus on the structure and contents as delineated in the codified document, with the constitution being perceived as synonymous with its official, written provisions. The approach towards constitutional legitimacy can significantly influence both interpretation and implementation of the constitution. Therefore, adopting an extratextual approach and embracing the overarching concept of the constitution beyond its textual confines can open pathways to a broader scope of individual and public rights and freedoms.Consider, for instance, the reason-based legitimacy approach, which rests upon the justice or efficacy of constitutional provisions. This approach bridges the divide between constitutional theory and practice, bolstering the legitimacy of unwritten principles and values. From this perspective, the constitution derives its validity and legitimacy not from its form nor the procedure of ratification, but rather from its substantive content and valuable objectives. Consequently, the legitimacy of the unwritten constitution rests upon the same fundamental principles and substance codified in the written constitution.Across all legal systems, it is inevitable to acknowledge the presence of an additional layer of the unwritten law alongside the written one. Unwritten principles exert influence on the implementation of written regulations, thereby limiting or broadening their scope. In this context, it becomes crucial to delve into the foundational reasons underpinning the binding nature of the unwritten constitution. The binding nature is rooted in the substantive realization of the rule of law, reliance on the requirements of natural and human rights, as well as the roles of key judicial bodies and the public in acknowledging and endorsing true principles and values of the constitution. This can delineate the boundaries of the unwritten constitution.

It is thus necessary to take heed of the concept of the unwritten constitution and its status within any legal system. The failure to provide a proper explanation of this concept can lead to increased discretionary opinions and decisions, thus causing ambiguity over the nature of practices, procedures, and rules within the constitutional law system. There is a risk that certain practices or official statements, when foregrounded in the political arena, might erroneously be perceived as integral components of the unwritten constitution, thereby gaining undue prominence.

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.

The characteristics of this serious organized crime, which mainly threatens the internal and external security of countries, have led to the formation of a repressive criminal policy in most countries. Indeed, the necessity to deal effectively with human trafficking has led countries to adopt a policy approach based on repressive measures. It can be said that the dangerousness and incorrigibility of human trafficking offenders have become two complementary and irrefutable criminal narratives, the main reason for which is the emergence of two theories, “refusal to rehabilitate offenders” and “refusal for restorative policy against human trafficking”. Despite this view, in this research, an attempt is made to reverse these two super narratives of the enemy-oriented criminal policy and to argue in the direction of establishing a restorative discourse with the aim of gradually restoring the anti-human trafficking criminal policy. The present research is written based on descriptive and analytical methods, and the methods of collecting information are from library-documentary studies. The researcher's effort in this article is to criticize the theory of “refusal for restorative justice” and defend the theory of “the possibility of restoring the criminal policy against human trafficking”. Considering this issue, this article aims to analyze the feasibility and efficiency of implementing restorative justice regarding human trafficking and concludes with a descriptive-analytical approach that relying only on the criminal response is not sufficient or efficient to deal with such crimes. In this regard, the author argues that the assumption is based on the possibility of using (and the efficiency of) restorative programs for human trafficking offenders and that a restorative response can be implemented in parallel with punitive measures regarding these crimes.

The use of stem cell technology has been a new method to help solve the problems caused by diseases and physical insufficiency and ease the matter of organ transplantation and the repair of damaged tissues. These types of cells are sometimes obtained from the bone marrow of an adult, sometimes from the umbilical cord, and sometimes from the human fetus. Although the benefits of using this technology are very important, because the subject of its study, which is a living human being, his organs or a human fetus, in many cases with ethical considerations such as respect for human dignity and the issue of abortion and Also, there are legal and jurisprudential considerations, including the observance of the rights of the human fetus as a complete human being and the legitimacy of using embryonic stem cells, however, the current legal system does not pay much attention to this issue and this issue has led to the fact that it is only possible to use different theories to determine Legitimacy or illegitimacy of using this technology. This research, using the library and documentation method, aims to explain the nature and application of stem cells and specify the goals and importance of its use and application, taking into account the challenges in the process of obtaining this type of cell until its use, and considering the situation To compare the legal use of stem cell technology in Iran and France. Based on the comparison between the two countries of Iran and France in the use of stem cell technology, it can be said that both Iran and France believe in the necessity of using this technology in medical science, but ethical considerations are the most important factor determining the scope of the use of stem cell technology.

One of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country pursues in different parts of the world.In this article, an attempt will be made to answer the question of what is the position of human rights in the US foreign policy system and how has it become a tool to serve its national interests?The United States of America is one of the few countries that has an ideological foreign policy. With the difference that in many cases, such as the protection of human rights and the promotion of democracy, ideological foreign policy is used as a tool to secure America's national interests.Examining the actions of this country both at the level of foreign policy and in the field of domestic policy also shows that the view of the United States towards more rights is an instrumental view.This research is of a descriptive-analytical type and has been collected and used from greenhouse sources, internet searches and reliable sites.The findings of the research indicate that the defense of rights in words and their widespread violation in practice has caused human rights to become a tool to serve the national interests of America.

Today, one of the foundations of power and the need for the legitimacy of governments is to respect the rights of citizens and the satisfaction of citizens. Because in today's world, citizens are the most important social pillars of different societies. The most important task of officials and statesmen, which must be done in order to strengthen and improve an efficient and effective society, is to create citizenship and create satisfaction in citizens by providing the necessary facilities, facilities and mechanisms for citizens so that they can benefit from their citizenship rights. And to be able to perform their citizenship duties in a proper way towards the local community and the city they live in. Because nowadays, one of the main duties of every government is to ensure the welfare of the citizens. Social welfare appears in various civil, economic, social, political, cultural axes, right to food, housing and clothing, etc. Creating social welfare can provide the satisfaction of citizens. Citizens feel satisfied in the light of having social welfare and enjoying social protections based on social laws such as respect, right to self-determination, freedom of speech and press, freedom of opinion and religion, social justice, social security and consider the government as a welfare government. known Therefore, since social well-being in any society is one of the most basic social needs that society members must enjoy and well-being creates security, a sense of peace and security and all-round satisfaction of citizens regarding the present and the future, hence Today, one of the main tasks of every government is to provide the welfare of the citizens, which is largely established by the governments with the formation of new welfare institutions. The research method in the present study is descriptive-analytical.

The concept of collective responsibility, like personal responsibility and joint responsibility, in most fields refers to both the causal responsibility of moral agents for global harms and the reaction shown against these harms. Therefore, it can be said that collective responsibility has moral propositions in a way. Because this notion of collective responsibility posits groups, as distinct from their individual members, as moral agents,. The view of methodological individualism challenges the possibility of associating moral agency with groups as separate from their individual members, and in the view of normative individualism collective responsibility violates the principles of individual responsibility and fairness. In response to these challenges, proponents of collective responsibility attempted to demonstrate that collective responsibility, as well as group intentions and collective action, is possible. One of the biggest issues that requires joint and collective action of governments is the issue of health and hygiene. The World Health Organization has crystallized as a symbol of governments' will to solve health challenges collectively. On this basis, the member countries of the World Health Organization are committed to cooperate with each other in solving international issues that have economic and humanitarian aspects so that all nations can benefit from human rights and basic freedoms without discrimination. Therefore, based on the collective responsibility of the member states of the World Health Organization, taking joint measures in the field of fighting diseases and improving the level of health is one of the duties of the member states.

Technology in the field of genome editing or human germline engineering and is rapidly developing and will have a crucial role in disease diagnosis and treatments. Nevertheless, using germline-editing methods to modify the human genome raises serious medical, moral, and legal concerns. Modification of germline in humans and passing the edited genes to future generations might lead to unpredictable consequences. Moreover, human germline therapies raise challenges with regard to human rights obligations. The clinical uncertainties about the possible outcomes of the human germline modification on future generations and possible violation of their rights has led to calls for its absolute prohibition. Nevertheless, genome editing is permitted under the rules of international law insofar as it complies with human rights obligations.