نشریه پژوهش نامه حقوق بشری
پیاپی 19 (بهار 1399)

International human rights declarations and documents emphasize the equal rights of individuals and the principle of equality in the Universal Declaration of Human Rights is a reason for the importance of eliminating discrimination against human society. The ethnic, religious and linguistic minorities must achieve their human rights in accordance with principles such as dignity, liberty, equality and the right to self-determination. Any discrimination against them is rejected and the collection of human rights documents after World War II has focused on the issue of minorities. All the rights that citizens enjoy are legitimate for minorities. Given the importance of minority rights in multicultural political systems, the article tries to answer this question; what are the rights of ethnic and religious minorities under international human rights documents? The author shows by descriptive methods and analysis of human rights documents that ethnic and religious minorities have multi-dimensional rights, but executive shortcomings and lack of enforcement guarantees have weakened the rights. The author also refers to Islam’s view on the rights of ethnic and religious minorities and Solutions to eliminate deficiencies.

One of the basic ideas in human rights documents is the principle of human dignity, which has been mentioned in all human rights documents since World War II; but there is no general international consensus on its meaning, criteria, and judicial and interpretive procedures. In this regard, the article seeks to examine the issue of human dignity in the human rights discourse by using documentary-library studies and analyticaldescriptive methods. The main question of the article is as follows; Are the principles of human dignity in international human rights documents contrary to criteria of human decency? The hypothesis of the article is that human dignity, as an important principle in human rights documents, lacked public consensus. In interpretive approaches to international law, there are different semantic implications of it. Some findings suggest that human dignity is based on principles such as freedom, equality, and the right to development, security and protection of the fundamental core of people’s lives, quality of life and social welfare. And some actions in human society are inconsistent with the principle of human dignity, honor and dignity including torture, humiliation, religious discrimination, violation of women’s rights, neglect of children and vulnerable groups, denial of rights. These actions and behaviors are contrary to the principle of human dignity, and international and regional human rights documents emphasize the rejection of this behavior by governments.

The Convention is a gender-based human rights treaty that, as an international legal document, seeks to set standards for the prevention and the elimination of all forms of racial discrimination against women. On the other hand, Convention on preventing and combating violence against women and domestic violence (Istanbul Convention 2011) is the first legal document in Europe that standards for the prevention and fight against violence against women; but unfortunately, both conventions have been introduced as tools for the political interests of the states and shortcomings. The method of this research is descriptive-analytical and data-collection approach is Library. This article answers that question which of the two conventions is most effective in prevention and fight against violence against women? The CEDAW is not as effective as the Istanbul Convention and its global scope, on preventing, reducing and combating violence against women within the framework of the United Nations system. The issue of violence against women is a pervasive and global. Therefore, the complete solution in combating violence is the view of Islam. In the end, the author explains the disadvantages of these two conventions and explains the theory of Islam.

The family has a high status in various divine religions. Islam believes that the family has a great role in the material and spiritual education of human. The family, which consists of the marriage of a girl and a boy, is completed with the birth of children. The Islamic religion has considered the duties and rights of the great institution to be in accordance with the talents and abilities of men and women. One of the important rights of Islam is economic rights, which are formed according to the natural and physical differences between men and women and it has made men responsible for financing women against Western law. In this article, in order to answer the question, what is the foundation and distinction of women’s economic rights system in the theory of Islam and the civil law of Iran and Western countries? The main description of the article is about Islamic law and civil rights and expresses some cases on Western law to expose discrimination in women’s rights.