فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 20 (بهار 1400)

In recent decades, the Internet has entered the daily lives of humanity and its use has expanded day by day. This research has been done by analytical-descriptive method with the aim of investigating the nature and effects of "free access to the Internet". It was concluded that the Internet was, at first sight, a tool, and according to similar arguments, its use had the same nature and legal effect as defined for the principle of the act. Accordingly, whatever punishment is prescribed by law for the use of the Internet as a tool is of the same criminal nature. According to international law documents, respect for the privacy of individuals is recommended and the implementation of this principle is entrusted to the domestic laws of countries, which is also one of the frameworks governing the Internet. Governments have a responsibility to provide the minimum access to the Internet in the national interest and have no right to disconnect except in special circumstances. To ensure the equal rights of all human beings, governments are required to provide special Internet facilities for people with disabilities and people with disabilities to be able to do things that they are unable to do due to disability. Finally, national security is the most important concern of governments in setting the framework for the use of the Internet.

One of the most important issues in our society is the issue of non-Muslim rights. After the Islamic Revolution and the drafting of a new constitution based on Islam, this issue became more important and was discussed in various ways . This research uses descriptive-analytical method and relying on reliable library sources to answer the question that according to Article Fourteen of the Constitution, which is the most relevant principle to them, and also according to other general principles of the Constitution, what rights do non Ahl al-Ketab have? And which religious principles affirm the legitimacy of these rights? The hypothesis of the research is that they enjoy the citizenship rights mentioned in Chapter 3 and the government and Muslims are obliged to treat them with Islamic installments and justice. On the other hand, by explaining the views of jurists, according to the basic principle of permissibility of anything unless proven otherwise, and considering the verses and traditions of the infallibles in this regard and the importance of Islam to the inherent dignity of man along with the principle of writing hearts, non Ahl al-Ketab They will enjoy human rights in the Islamic society as long as they do not go to war with the Muslims and do not commit sedition and corruption.

The right to education is a human right that must be upheld by governments, regardless of time and place, and on issues such as gender, language, race, religion and ethnicity. This right is protected in the Constitution of the Islamic Republic of Iran and human rights instruments such as the International Covenant on Economic, Social and Cultural Rights. Explaining the principles of this right and its protection mechanisms necessitated fundamental research in response to the question of what are the principles and protection mechanisms of the right to education in the Iranian constitution and human rights instruments. The research findings indicate that the right to free and compulsory primary education for all, the requirement to create accessible secondary education for all, and the requirement to create equal access to higher education, are emphasized in the Iranian Constitution and human rights instruments. Creating a suitable mental and psychological environment, creating appropriate free educational facilities and centers, physical and economic access to educational institutions are mechanisms to protect the right to education in the Constitution of the Islamic Republic of Iran and human rights documents.

Regarding the introduction of the concept of the rights of the nation in the constitutional revolution and its evolution, one of the main issues that can be evaluated; The efforts of thinkers and jurists in the field of modernity and shariaism to develop this modern principle. Hence, the question that arises is how the first cornerstone of the principles related to the rights of the nation in Iran was laid by modernists and shariaists? The present study has sought to answer this question by descriptive-analytical method and using library resources and documents. The findings of this study indicate that at the beginning of the introduction of the concept of nation rights in the constitutional rights of modern concepts between Islamic concepts and Islamic law, there were disputes between modernists and religious people. During this period, in connection with the use or non-use of the concept of the rights of the nation, significant issues were raised by modernists and shariaists from the principles of Islamic law. However, this concept entered the Iranian constitutional system through the works of modernists and through their familiarity with Western concepts; However, it must be acknowledged that the course of its development and institutionalization has largely originated from the controversies that have taken place between each of them, as well as the canonists, over its localization.

The rights of the child are one of the most important examples of human rights, because if children do not have adequate care and rights; They cannot enjoy mental and physical health and have a useful presence in human society in the shadow of these rights. Given the importance of children's rights, we seek to answer this question; What is the importance of caring for child rights in human rights?In the international arena, they have ratified the International Convention on the Rights of the Child. Iran's civil rights are in violation of international law, which provides only for children born after birth. She also paid attention to the birth of the child. In this article, with a descriptive-analytical method, we examine the rights of the child in human rights from the perspective of Iranian and international law and briefly find this result; In recent decades, Iranian law and international law have taken a new approach to child protection; Even for the fetus from the time of sperm clotting are considered legal. These include: will in favor of pregnancy, right of inheritance, will, endowment, etc ... and alimony before the birth of a child, which are the distinguishing features of Islamic law with international documents.

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém do Pará Convention), adopted in 1994, is the first specific instrument on prohibition of violence against women (VAW) in the world. In fact, the oldest human rights system of the world -e.g. Inter-American human rights system- has secured the oldest specialized binding instrument on VAW to itself. The Belém do Pará Convention is a pioneer in placing VAW on the international agenda and in recognizing it as a violation of human rights in the political, judicial, social, economic, and cultural spheres. The Convention has established pervasive obligations for State parties to prevent, sanction, and eradicate VAW, and has served as an inspiration and reference for the modernization of the related legislative framework in the Americas. Furthermore, this instrument is considered the only human rights treaty directed solely toward eradicating violence against women that includes an individual complaint mechanism. I t appears that the Belém do Pará Convention, despite being restricted to Americas, has notably contributed to the development of international system on prohibition of VAW and has reduced the normative gap existing in this area. The authors of this article, through a descriptive-analytic method, attempt to study the protections afforded to women against violence, the duties of states in this regard, and the related monitoring mechanisms under Belém do Pará Convention.

Some states have derogated the freedom of movement and access to information rights in order to protect the health of their citizens during the Corona epidemic. The present article uses a descriptive-analytical approach to answer the question that is it possible to derogate the mentioned human rights in the corona epidemic in accordance with international human rights law? The scale and severity of the corona pandemic has clearly brought it to the level of a state of public emergency. Therefore, potentially, including in the light of citing Article 4 of the International Covenant on Civil and Political Rights, it is possible to derogate those rights as a means of protecting public health. Of course, the validity of the derogation depends on announcing the situation to other states, implementation of the principles of necessity, proportionality, non-discrimination and other obligations under international law. Of course, it is difficult to say that all state has complied with these conditions, and it is necessary to examine the situation of each state separately. In general, states that have specifically derogated their obligations without compliance to above Article, have committed international wrongful act. Violations of the principles of necessity and proportionality can be pointed out, especially in the case of those states that have experienced a low prevalence of the disease and could restrict the mentioned human rights instead of derogating them

Right to self-determination as a dynamic human “right”, is one of the original elements of human society, in the history of international relations and now. This right challenged humanity in choice right way of perfection and growth to achieve nearness of God by relying the absolute freedom and modern rationality. Islam by introduce the basics of the “right” that has natural and divine nature, expresses the principal basis by relying its original resource. This article assumption is that the origin of all human “rights” especially the right to self-determination is from the religion that gives rights to the man as God’s successor. So it analyses sources of this right and its foundations such as monotheism, human dignity, human nature and equality, also its dominion, features and universality in Islamic approach. The article shows that this concept in Islamic approach is a twin right and obligation and has internal and foreign dimensions.