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

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.

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.

Today, new technologies are evolving rapidly, and in the meantime, artificial intelligence offers many potential benefits to mankind with its ever-increasing progress. Such technology requires the processing and analysis of significant amounts of data, as well as access to large volumes of big data. However, the ethical issues of artificial intelligence in the digital space must be identified and taken into account to prevent abuse. Therefore, ethical principles should be considered in the artificial intelligence-based system and guidelines should be provided for users who implement artificial intelligence technologies; which can be called digital ethics. Therefore, the main question of the paper is "What are the moral risks of artificial intelligence and is it possible to create liability insurance for artificial intelligence-based systems?". The research method of this paper is theoretical and based on a library data collection tool, and the data analysis method is descriptive-analytical. According to the findings of the research, the most important ethical challenges of artificial intelligence include ethical concerns related to the collection and unauthorized use of personal data, which will lead to the violation of privacy and human dignity. On the other hand, one of the concerns is non-compliance with the ethical principles of bias and data security. As a result, while trying to develop ethical standards with monitoring and accountability for artificial intelligence and digital space, digital liability insurance suggested in utilization of artificial intelligence in the digital space of liability and negligence in digital environments. Providers of digital technologies may require specialized malpractice insurance to address potential liability issues specific to these environments. Insurers must develop policies that reflect the unique risks associated with digital environments.

While most research focuses on the issue of humanitarian aid from an ethical and not mandatory viewpoint, this paper seeks to study humanitarian aid from the perspective of Islamic. In the international human rights system, with the extensive interpretation of these rights and adopting a positive approach, the only obligation to accept humanitarian aid has been proven. From a different perspective, this research seeks to examine the duty to provide humanitarian aid from in Islamic jurisprudence. The paper argues that the religion of Islam  provides a positive approach to humanitarian aid. In this regard, the pre-Islamic principles of human dignity and justice and the Islamic obligation to preserve human life and the principle of “taliif al-qulub” (winning hearts) by using “zakat” (religious tax), prove the obligation to provide humanitarian aid to all people exposed to natural and unnatural disasters, especially to non-Muslims.

The right to health, one of the most important components of human dignity as one of the basic human rights, is also emphasized in the biography of Imam Ali (A.S). Examining the Alavi way of life in sources such as Nahj al-Balaghe and Gharral al-Hakem indicates that Imam Ali (a.s.) has important references in providing, maintaining and promoting human physical and mental health. Therefore, based on this tradition and practice, the prevention of health crimes, as a value-oriented process, is actually one of the tools that statesmen can pay attention to in order to create justice and balance in the health society, in order to address the subject of the article. An attempt has been made to explain the various aspects of the subject by using the descriptive-analytical method. Finally, the findings of the research indicate that in the life of Imam (A.S.) all the ways that lead to damage to human health are declared illegitimate and the necessary, explicit and strict order is issued to avoid them and in this way not only Prevention is not enough, but everything that causes the physical and mental health of a person is seen in the commandments.

The most important and perhaps the main concern of human rights has been formed with the emergence of new capabilities in the scientific and technological fields of biology. This has caused opposition to human simulation in jurisprudence and law. The purpose of this article is to examine the reasons for banning human cloning from the point of view of jurisprudence and criminal law. The current article is a descriptive analysis and has investigated the mentioned topic using the library method. The findings indicate that interference in God's creation, disintegration of the family system, ambiguity in kinship relations and disruption of the kinship status of cloned people are the most important jurisprudential reasons for banning human cloning. The guarantee of individual rights and freedoms of citizens based on bioethics is shown in the framework of principles that are called “bioethics principles”. These are the principles and goals that criminal law pursues in bioethics. The principle of harm, or in other words, the principle of harm, is one of the prominent principles of bioethics, which has received the most attention and discussion in the field of criminal law, and is one of the fundamental foundations of criminal law intervention. The other face of this principle appears in the field of criminal law in the form of “obligation to do no harm” and emphasizes the absence of harm.

the foundation of the international human rights system, based on which the human rights in the system international human rights are recognized, it is justified. This principle, apart from religious texts and sources, has been recognized in numerous international and regional human rights documents, and even in the documents related to humanitarian rights, the observance of this principle and the need to respect human dignity have been emphasized. The present descriptive and analytical essay has been written with the aim of recognizing and representing the principle of human dignity in the human rights policies of the Islamic Republic of Iran towards foreign immigrants in the years after the Islamic Revolution. How has the principle of human dignity been implemented as the most important principle in human relations in the Islamic Republic of Iran's immigration policies towards foreign immigrants, especially Afghan immigrants, and what are its examples? It is the most important question that this research aims to answer. The findings and results show that human dignity and human rights are the basis and criteria of all decisions, policies and actions of the Islamic Republic of Iran in the field of immigration policy, as far as this can be observed in educational, welfare and living rights that are for Afghan immigrants considered.

Simon de Beauvoir believes that due to the problems and sufferings that women suffer due to pregnancy, childbirth and motherhood, it is necessary to enjoy special and special rights in this matter, including the right to freedom of reproduction and Abortion is. The purpose of this research is to review and criticize de Beauvoir's opinions on the issue of freedom of abortion and reproduction. This issue is important because it is related to the most vulnerable layer, the fetus, and also has a direct impact on the preservation of the future generation.

This research was written using documents and library resources and descriptive and analytical method.

The findings indicate that de Beauvoir considers the woman's right to choose and decide on pregnancy or abortion and also considers this issue as a way to free women from gender oppression.

De Beauvoir considers abortion as one of the examples of freedom of reproduction and a step towards liberating women from patriarchy, but as stated in the review and analysis, women cannot ignore the responsibilities and consequences of their actions regarding the fetus, which has inherent human dignity. The right to abortion under the pretext of a woman's freedom requires the negation of her duties and responsibilities as a mother.

Social deprivation is a punishment which is predicted for the guilty with the purpose of reforming and resocialization. This structure is anticipated in two forms (independent sentence and subordinate sentence). In this punishment legislator prevent perpetrator from being in the criminal environment with the concentration of the perpetrator ability through deprivation of social rights, and decrease the  possibility of recidivism, however, using   the wide range  of  the social rights deprivation leads to  be doubted and objected  it’s efficiency in various aspects Therefore,  the direct function of law enforcement with the exalted position of law- maker in the public opinion caused this following article  use descriptive and analytical methods in order to present a report for  the influential of  this deprivation sentence also, this  article has  examined  the way for  using  this sentence and studied both defendants and  opponents point of view about  this matter. Results show that deprivation punishment is effective and practical in origin, however, the reason of the objection in this form of punishment returns in binary attitude which is performed by legislator in different forms. Hence, law- maker needs to reform and review this problem.

Examining Islamic Jihad issues in resorting to military force and coercive actions against the enemy and the way to treat civilians and non-combatant people indicates that the humanitarian provisions of Islam are based on the fundamental principles that provide the necessary grounds for the implementation of Jihad rules in different conflict situations. They provide Islam. Justice, the right to life and respect for human dignity are among the foundations of humanitarian rights in Islam, each of which has a special place and importance in Jihad in the cause of Allah. Quranic evidence, narration, reason, consensus and Muslim jurisprudence rules have prohibited the production and use of weapons of mass destruction; Therefore, in this article, while examining the concept and examples of weapons of mass destruction, topics such as justice, the right to life, human dignity, which are discussed as the bases for not allowing the use of weapons of mass destruction, to examine the verses and traditions, reason and consensus, which are among the most important evidences for issuing verdicts. Regarding topics such as weapons of mass destruction; Paid. In this research, the prohibition of the production and use of weapons of mass destruction in Islamic jurisprudence has been analyzed, and in the books of the jurists of the previous examples, it can be revised and applied to the current examples; Also, the prohibition of using these weapons in normal conditions is based on customary rules.

According to Article 302 of the Islamic Penal Code of Iran (April 21, 2013), if someone commits an offence against Mahduraldam and a person who deserve to die, she/he is excluded from talion (Qisas) and wergild (Diya). Article 303 also stipulates that if the perpetrator commits a crime believing that the victim is Mahduraldam and can prove this belief, talion will not applicable and he/she will be convicted to wergild and Ta’aziri punishment. This research has investigated the conflicting cases of legislator prescribing crimes against a person who deserve to die (Mahduraldam) by normal people. The corollary is that the provisions of articles 302 and 303 of the Islamic Penal Code are in conflict with some of the principles and rules of Islamic jurisprudence such as the principle of the presumption of innocence, the principle of caution in issuing death penalty and peoples honor (precautionary principle in blood and peoples honor), The principle of legality of offences and punishment (the principle of execution of punishment by Imam (or Judge) and authorized persons on his behalf), the jurisprudential principle of respecting Muslim blood in general sense and the principle of human dignity.To resolve not only the existing conflicts but also preventing private justice and maintain the order and security of citizens, the authors seek to propose to the activists of legislative criminal policy of Iran that the aforementioned articles should be deleted from Islamic Penal Code or amended in such a way that no one can easily resort to get rid of punishment. This paper has been performed based on the descriptive-analytical research method with a critical approach.

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

The Islamic Republic of Iran was originally constituted on the principles of monotheism, justice and human dignity. The economic outlook prescribed by her Constitution, accordingly, endorses these principles. Indeed, the constituent power viewed the economic system as a means of providing the material needs of people to achieve loftier goals- defined in the Constitution as human growth. Respect for human dignity is a top priority of the Islamic Republic. Stated in the preamble, several more articles reinforce the growth-oriented economic theory and propose mechanisms the State shall deploy to achieve human excellence and growth other than merely economic development. Much in the same vein, the Constitution of the Federal Republic of Germany, albeit instituting a free-market social order, builds on the religious and philosophical ideologies to depict human as a spiritual-moral being who shall act freely. Bound by moral forces, these actions may help the human grow and develop a moral personality.

Identifying the right to privacy of individuals as one of the most important human rights is of great importance, and Islam, as the most complete religion, has paid special attention to the necessity of respecting the privacy of individuals, according to its various rulings and orders. Although in Islamic jurisprudence various aspects of privacy have not been dealt with under one title, but it can be claimed that the Islamic Shari'ah has considered aspects of this privacy that can still be discussed in the science of law. Today, with the advance of communication technologies and the expansion of the use of cyberspace, people's privacy is under threat. Therefore, the main question of the article is what are the principles and foundations in jurisprudence and law regarding the protection of people's privacy in cyberspace? In jurisprudence and the legal system of Iran, it has covered strong principles such as the need to respect human dignity, moral values, the rule of dominance, the rule of respect, and avoiding cruelty as common rules for protecting privacy in this field, in order to create the necessary space for growth and flourishing people's talents. In this regard, this research, by presenting the principles of privacy in Islamic jurisprudence and law, along with the territory and examples of privacy violations in cyber space, the strict attention of Sharia law to privacy protection is clarified.

In order to solve the problem of infertility, many treatment methods are used today, including egg donation. Modern fertility methods, however, have many jurisprudential, legal, and ethical aspects that have always been the subject of debate. In this paper, an attempt is made to jurisprudentially investigate the purchase and sale, and more precisely, commercialization of egg donation.Ethical Considerations: In this paper, the originality of the texts, honesty, and trustworthiness are observed.

Findings of the research indicate that based on the inference from the point of view of jurists, there is a disagreement in jurisprudence regarding the purchase and sale of eggs. The conflict with the principle of human dignity, the lack of ownership relationship between the individual and the egg, and the lack of customary ownership are some of the reasons for opposing the purchase and sale of eggs. Rules such as the principle of man's sovereignty over himself, removing distress and constriction in the lives of some couples, the necessity of doing good deeds, and the presumption of innocence can also be cited as reasons for agreement.

protection of citizen's rights has been accepted as a principle in various elements of legislative systems as well as its implementation. Therefore, it seems that principles based on the protection of citizen's rights are also used in the field of regulations governing Islamic city and village councils. Citizenship rights should be in the light of citizenship rights and its protection both in the creation phase and in the implementation phase.

The present research was carried out using a descriptive analytical method.

Human rights documents can undoubtedly be considered as one of the important sources of citizenship rights. In other words, by joining the human rights documents, governments commit to align their domestic regulations with their international obligations, and based on this, drafting regulations related to the right of citizenship is a part of this process.Councils can play a significant and important role in the realization of citizens' rights by providing a platform for citizens'participation in the administration of affairs. Considering the role of citizens in the city council elections, it seems that the right of citizens is respected in the councils when they have the principle of voluntary participation in the elections.

Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based on the procedure of the European Court of Human Rights, as an innovative and developed international judicial body, what elements should the courts consider when issuing a judgment in order to impose a punishment protecting the human dignity? After reviewing some judgments of the Court, the research concluded that by observing some formal and substantive principles such as justification of conviction, charge bargaining, ne bis in idem principle, citation of high quality laws, proportionality of offence and punishment and non-recourse to severely painful punishments, the human dignity of offenders is safeguarded. Accordingly, in case of non-observance of the mentioned principles, the legal systems would be exposed to serious human rights challenges, because states' lack of attention to the human dignity of criminals, would make the repressive nature of states to prevail over the fundamental rights of citizens.

Labor relationships have been intertwined with the painful history of human beings: slavery, exploitation, bad working conditions, sickness, occupational accidents and deaths caused by them. The labor contract as a source of this work relationship has historically changed from private contracts to contracts of a private-public nature and the cause of this change has been the workers' revolutions and government interference through enacting of imperative protective rules in the direction of ensuring human dignity and balancing labor relations. This article tries to explain the definition and characteristics, differentiation and different types of employment contracts in the Iranian labor law system with a descriptive-analytical method and to address the shortcomings of employment contracts in the field of legislation and judicial procedure. The Labor Law approved by the Majma- e- Tashkhis pays attention to the requirement of human dignity in the employment contract, which is the guarantee of minimum protections; however,  the way in which article 7 of the Labor Code and its notes have been approved has weakened job security in permanent work, which is reflected in the performance of employers, the Ministry of Labor and the Administrative Justice Court. The solution to the problem is to modify Article 141(clause B), Article 7, and its two notes.

Punishment is the most obvious form of government interference in the lives of citizens. Today, criminal policy makers do not deny the need for punishment and use the law as a tool to combat crime by meeting standards. One of these basic criteria is human dignity. The application of this criterion in sentencing varies depending on various political approaches governments pursue their criminal policy. In this article, the situation of punishment in the democratic model of criminal policy is examined. Human dignity is sometimes considered by criminal policymakers as the principles governing punishment, in which case on the one hand it avoids severe corporal punishment and on the other hand it maximizes fair punishments, which requires punishment as a necessity. Sometimes, in the light of human dignity and human rights, it leads to qualitative and quantitative changes in punishment, which leads to the elimination of corporal punishment from the criminal arsenal, as well as the humanization of the negative punishment of freedom.

Democracies of criminal policy, with their emphasis on humanistic ideas and individualism in the matter of punishment, have always considered human dignity as a precondition for any criminal policy. Human dignity, although in the past was only present in the teachings of religions and philosophical writings, but today it is in the center of global attention and is reflected in international documents and constitutions of countries. Democratic governments have dramatically placed human dignity at the forefront of sentencing, and punishment in the light of the principle of dignity is a limitation for the legislature of imposing unnecessary and inhumane punishments. Today, human dignity is considered as one of the foundations of social order as a new strategy of criminal policy and is reflected in the penal system of criminal policy models. The individual is far more penetrating and guaranteed in the deterministic layers of the punishment strategy. It is obvious that governments without the intellectual presupposition and philosophical ideology cannot achieve the goals they seek from the execution of punishment. Therefore, the extent of government intervention in controlling the behavior of citizens and its prohibition through criminalization and punishment depends on the type of political system and ideology governing the political structure of that government. The importance of justifying punishment stems from the fact that the "human being" as a part of the body of society, is considered in the context of the goals of punishment in the field of punishment. Therefore, one of the most important basic criteria in sentencing is the observance of "human dignity", which is called "dignity-based punishment". 

This research is a descriptive-analytical method using written and documentary sources; On the other hand, due to the lack of internal resources, the data has been collected mainly using external source. 

Democracies of criminal policy, with an emphasis on humanistic and individualistic ideas in sentencing, have always considered human dignity as a precondition for any criminal policy. Human dignity, although in the past was only present in the teachings of religions and philosophical writings, but today it is in the center of global attention and is reflected in international documents and constitutions of countries. So that by anticipating and approving it in international documents and obliging member states to comply with the content of this principle in domestic regulations, it has gained transnational validity and member states in their constitutions, which is the manifestation of legal recognition aimed at protecting the individual. And his rights are enacted, in order to guarantee and observe human dignity in punishment, they have given it foresight and supra-legislative validity. The role of human dignity in the new strategy of criminal policy can be examined from two dimensions. "Human dignity" is sometimes considered as a criterion of punishment by criminal policymakers, and sometimes in the light of human dignity and the achievements of human rights and criminology, it has led to changes in punishment in terms of quality and quantity throughout history and in the name of human rights as A "rightful" person is viewed as a human being and creates a change in punishment, which is a historical, historical and temporal phenomenon; Therefore, in the light of attention to the inherent dignity of human beings, various types of punishments, including imprisonment (imprisonment) have become more humane and prisoners have the basic rights as a "rightful" human being, as well as a trace of corporal punishment. It is not seen as flogging and amputation, and it is in the light of the protection and guarantee of the inherent human dignity that these punishments, in different periods of history, have disappeared from the criminal arsenal today.In the other dimension, the "principle of human dignity", as a criterion of punishment based on orbital dignity, causes the avoidance of unnecessary punishments. In other words, if punishment is imposed without the necessity of necessity, it deals with the criterion of human dignity and is not prescribed. Which in this model is based on the teachings of liberal thought and attention to freedom and individualism. Human dignity also acts as a limiter of inhuman punishments in the matter of punishment, which in this sense prevents governments from imposing some inhuman and cruel punishments in dealing with the dignity and honor of human beings. Consequently, the compliance of punishment with human dignity, even before it is considered necessary, is considered by democratic systems. The human requirement of considering punishment in the eyes of the democratic model is that the existence of guilt is a condition for the imposition of punishment on human beings, and on the other hand, the equality of individuals in punishment and the absence of degrading features should be observed.

One of the main results of this study is that punishment as a manifestation of government authority is closely related to the political and ideological system of each country, so that the "theory of punishment" is derived from the "political theory" of governments. Thus, the application of the criterion of human dignity in sentencing differs depending on which political approach governments pursue their criminal policy. The model of democratic criminal policy inspired by the liberal political system, based on its specific components such as "individualism", "freedom", "rule of law" and "minimal government intervention" has had a significant impact on the "theory of punishment". Therefore, human dignity as a divine gift should not be subject to the decision-makers and norm-makers of the legislative system, and under the pretext of committing a crime, punishments should be determined and executed that are inherent in dealing with dignity; This principle has penetrated into all layers of criminal justice and its observance is necessary at every stage of the criminal process (sentencing, sentencing and execution of punishment).