• List of Articles Human rights

      • Open Access Article

        1 - Red Reason and Green Rights: Illuminationist Anthropology and Human Rights
        A m
        The notion of "Human Rights" encompass the two notions of "man" and "right" and the relationship between the two. This relationship, however, pertains to much theoretical as well as philosophical elaboration. Looking critically at the prevailing conception of this relat More
        The notion of "Human Rights" encompass the two notions of "man" and "right" and the relationship between the two. This relationship, however, pertains to much theoretical as well as philosophical elaboration. Looking critically at the prevailing conception of this relationship, namely that of possessive individualism, this paper points to a different conception of such relationship. Using the two metaphors of "Red Reason" for a conception of "man", and "Green Rights" for an emancipatory conception of "right", an Illuminationist (Eshraghi) view of "human rights" is elaborated on. Manuscript profile
      • Open Access Article

        2 - The Right to Human Development
        Abbas  Manouchehri Mohammad Dashti
        Upcoming doubts and challenges of 'growth theory' for development, and its uncertain pathway over the recent decades, have led to the consideration of the theory of 'human development', with guarantees and provisions such as ' development ethics' and 'the right to dev More
        Upcoming doubts and challenges of 'growth theory' for development, and its uncertain pathway over the recent decades, have led to the consideration of the theory of 'human development', with guarantees and provisions such as ' development ethics' and 'the right to development', for realizing the advancement that its object is 'humans' and people. Nevertheless, since these pre-mentioned provisions from Amartya Sen’s standpoint ultimately require an understanding and interpretation of the "human" identity, and in the theory of "human development" this argument does not have the necessary theoretical adequacy, this article has attempted to be an intellectual aide by "existential anthropology" and “the human existential right" in the theory of human development. Manuscript profile
      • Open Access Article

        3 - Comparising the components of democracy with the criteria of good governance in the light of international law
        Akbar Savari Samaneh Rahmatifar Shahram  zarneshan
        The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the pr More
        The purpose of this study is to explain the components of good governance as indicators of democracy in order to end the divergence of views in understanding democracy from the perspective of the Practical procedure of international law. Good governance is one of the prescriptions of international institutions for national systems and democracy is one of the long-standing social aspirations of nations. The research method is descriptive-analytical with a genealogical approach; In this way, after describing democracy and good governance, in terms of their history in international law, the components of good governance as the principles of democracy are measured through the comparative method. The result shows that the components of good governance have the potential to become indicators of the principles of democracy and, by objectifying democracy, make it possible to measure the degree of democratic legitimacy of states in terms of international law; Thus, in international law, a legitimate state is a democratic state, and democracy means the domination of good governance over all relations between citizens and the state. Manuscript profile
      • Open Access Article

        4 - Investigating the status of woman in Islamic ethics, emphasizing the right of custody and women's employment in the rights of Islam and humanity
        Ilnaz  Ali Nejad seyed mahdi salehi reza nik khah sarnaghi
        The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and pri More
        The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and priority of the parties arises for the care of the child, which is similar to the circumstances, in the absence of the necessary conditions for the custody to be transferred to the opposite party. At the same time, today one of the indicators of human development is the extent to which women are present and how they play their roles in various fields of activity, which has a serious impact on other actions. The issue of protecting women's rights and non-discrimination on the basis of gender is a special issue. Success in this case needs to be paid for employment that is being tackled. For this reason, custody and employment are two related concepts, in which the maintenance and upbringing of the child requires income, which is realized with the aim of improving the continuous education of children based on the active participation of women in employment. Its apparent manifestation and manifestation in Islamic law is more evident than its application to human rights. Manuscript profile
      • Open Access Article

        5 - Security Policy Analysis in the Light of Human Rights
        Eslam Mondani Mohammad Ashouri
        Security orientation is a strategy the admissible and successful influence of which on the dominant area of criminal policy in the society implicates consistency and agreement with restrictive human rights criteria as well as adherence to privacy and inherent dignity of More
        Security orientation is a strategy the admissible and successful influence of which on the dominant area of criminal policy in the society implicates consistency and agreement with restrictive human rights criteria as well as adherence to privacy and inherent dignity of human beings. Thus, in case the security orientation discourse fails to ensure the human rights principles underlined by the international law for any reason, then it may not be considered a justified policy as it would face failure and defeat in the battle in the long run. Taking into account the various temporal and spatial cirumstances and adhering to the contents of international documents and conventions are propositions considered as the main provision for positive consequence of the quality of interaction between security-oriented criminal policy and human rights principles and criteria which may contribute significantly to obviation of many obstacles blocking such interaction. This article seeks to address the question on the status of interaction between human rights principles and the security-oriented system of thought and to discover, in general, the human rights restriction on this pattern. Manuscript profile
      • Open Access Article

        6 - A moral look at chapteristic sanctions regarding the legal implications of this, Bernslett II Human Rights
        حسین  اخوان Seyyed Bagher Mirabassi Abo-Mohammad Asgarkhani
        Since the establishment of the United Nations, many countries have been subject to sanctions by the Security Council under Chapter 7 of the Charter. The increase in sanctions imposed by the Security Council has raised concerns about the damage done to the citizens of th More
        Since the establishment of the United Nations, many countries have been subject to sanctions by the Security Council under Chapter 7 of the Charter. The increase in sanctions imposed by the Security Council has raised concerns about the damage done to the citizens of the sanctioned countries. Research on the effects of sanctions in countries such as Iraq, Haiti, Libya and Iran suggests that these sanctions increased the deaths of children, poverty, migration, food and drug deficits, and other social and economic disruptions. Consequently, there are widespread debates at the UN and abroad about criticism of the Security Council sanctions as well as the responsibility of the Council for the violation of human rights, especially the second generation of human rights of citizens. In this essay, the human rights dimensions of the bansel sanctions of the second Barnsl has been examined. According to the author, sanctions imposed by the Security Council on human rights violations, in particular with regard to economic and social rights and sanctions imposed by the Security Council, result in serious violations of the human rights of the Security Council because of its severe negative effects on the target countries. While the United Nations Charter has committed that organization to "promoting and respecting human rights," the UN Security Council's economic sanctions are in breach of the provisions of the Charter and are responsible for violating human rights. Manuscript profile
      • Open Access Article

        7 - Examining Ethical Ethical Patterns from the Point of View And judicial procedures in the international system
        Seyyed Hossein  Mousavi Seyyed Baqer  Mir Abbasi Mahmoud  Bagheri
        International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatur More
        International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatures on the planet. For this reason, the theoretical foundations determining human interaction with nature, including ethics, are of interest to environmentalists. The explanation of the ethical theory of the environment from the perspective of judgments and judicial procedures in the international system, from the requirements of conservation and exploitation From the global environment. The common environmental ethics are based on a range of intrinsic value foundations that are human-centered and ecosystem-based, but in recent years, the proper interaction of man with the natural environment and the solution to the environmental crises of the world in the return Search for the basics of judicial procedures in the international system. In this article, we try to elucidate environmental ethical considerations in relation to the two fundamental questions of ethics about the "global environment" and "international judicial procedures" and to show why explanation of environmental ethics based on the view of the legal system Internationally, there is a more comprehensive view of environmental protection. Hence, "In recent years, ethical factors in international environmental law have been considered as part of the international community's public order. And has also become increasingly prominent in the work of the International Court of Justice. "This issue was of particular importance in terms of accessing the healthy environment as a human right. Also, issues related to ethics in the environment, commitments and responsibilities of countries, environmental perception as common property, and so on, caused countries, as the main determinants of international law, to take effective steps with the cooperation of other actors in international affairs To regulate the behavior of countries and other international actors in the field of the environment. Manuscript profile
      • Open Access Article

        8 - Policies and Alternatives of the inclusion and increase of enforcement of Human Rights Obligations in New Generation of Bilateral Investment Treaties
        Mohsen Abdollahi Nafiseh Shakeri
        Bilateral Investment Treaties as one of the most common instruments of the conclusion of foreign investment treaties, particularly in recent years has played an important role in establishment and development of foreign investment in-between the states. Considering deve More
        Bilateral Investment Treaties as one of the most common instruments of the conclusion of foreign investment treaties, particularly in recent years has played an important role in establishment and development of foreign investment in-between the states. Considering developing flow of significance of human rights obligations and its corresponding activities specially since 2016, together with conclusion of certain bilateral investment treaties towards this trend and as the role of New Generation bilateral treaties in determination and consolidation of Human Rights obligations became more apparent, a survey regarding different aspects of this role and terms of its development will be of great advantage and necessity that in this article has been tried to dealt with Manuscript profile
      • Open Access Article

        9 - Possibility of third party entry in international investment dispute for protection of human rights
        Mohsen Abdollahi Nafiseh Shakeri
        International investment law and substantive and procedural rules for dispute settlement through arbitration mechanism is under experience and evaluation. Theoretical reasoning and procedure play an important role in this process. One of the issues raised in this field More
        International investment law and substantive and procedural rules for dispute settlement through arbitration mechanism is under experience and evaluation. Theoretical reasoning and procedure play an important role in this process. One of the issues raised in this field of law is the possibility of considering international human rights as part of the governing law, and consequently considering human rights obligations for both contracting parties of the investment agreement. Given that human rights commitments often do not meet the economic interests of both parties, they are likely to be ignored and neglected. Therefore, it is necessary to discuss how to monitor the human rights act of international investment parties. One solution to meet this need is to pay attention to the oversight exercised those who are outside the investment contract or the third party to the contract. In this study, considering the theoretical and procedural justifications, the present conditions of the possibility of a third party entry into an investment dispute is examined from a human rights standpoint Manuscript profile
      • Open Access Article

        10 - A Review on Peaceful Approach of Prescribing Jihad in Islam
        hamidreza hanan
        Nominating Islam as brutality is among the most important accusations and it is the axis for numerous objections have been and are related to Islam. One of the positions intruduced as brutal and was the aim for many objections was Islamic prescription and legitimacy of More
        Nominating Islam as brutality is among the most important accusations and it is the axis for numerous objections have been and are related to Islam. One of the positions intruduced as brutal and was the aim for many objections was Islamic prescription and legitimacy of jihad. A look upon the peacefulness of Islam in terms of its opposit position in friendly human rights which is regarded as the pillar for powers' belicosity and attention to establishment of religious legislation based on defense, and on the contrary, prescribing the initiation of war in humane conflicts, and also preserving the message of peace and friendship and advising it even toward the non-Muslims, along with the role of unifying the sects and tribes are among the reasons which prove the invalidity of the mentioned objections. The present survey, through descriptive-analytical method and enlightenment of Islamic peaceful positions, tries to show tjat Jihad is legitimated within the reasonable frame of defense and it is prescribed within borders without which preserving and progress of human life is not possible Manuscript profile
      • Open Access Article

        11 - Jurisprudential-ethical analysis of "the right to a healthy environment" as a human right
        askar jalaliyan
        The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitati More
        The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitation of nature. To the extent that its protection and prevention of pollution is one of the most important issues of the late twentieth century. In this scientific-research article which is of descriptive-analytical type with the jurisprudential-moral approach, the right to a healthy environment as a human right has been explored. The main question of the article is what measures have been devised in jurisprudence and moral principles to realize the "right to a healthy environment as a human right"? According to the research findings, from the Islamic point of view, preserving nature and not destroying it is considered a divine duty, not paying attention to it is morally reprehensible and harming it causes damage. Manuscript profile
      • Open Access Article

        12 - Research Ethics and Children's Rights
        Shima Tabatabai
        Background and aim: Despite the increasing global attention on the societal need to respect the principles of children's participatory rights in which children are involved, surprisingly, the relationship between children's rights and research ethics is not clear and re More
        Background and aim: Despite the increasing global attention on the societal need to respect the principles of children's participatory rights in which children are involved, surprisingly, the relationship between children's rights and research ethics is not clear and research ethics for children’s rights have been neglected in the social sciences literature. The aim of this study is to determine the relation of the ethical guidelines with children’s right. Method: This analytic study conducted to analyze the ethical research considerations from human rights and child right perspective. Results: Our analysis revealed that although the human right principles referred to in the social research ethical guidelines, the definition of “right” and especially children rights are ignored. Within the social sciences research ethical guidelines, including those related to children, there is often a lack of direct referral to the human rights principles emphasized by the UN Convention on the Rights of the Child (UNCRC). Conclusion: Linking the human rights principles within research ethics guidelines will promote and encourage a rights-based approach to child research. These specific Research ethics guidelines need to be drawn upon the UNCRC. Manuscript profile
      • Open Access Article

        13 - Legal Approaches to Protecting Children against Violence In Educational Environments
        Mohamad Mahdi Meghdadi
        Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirab More
        Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirable space to increase the mental health of children in learning the knowledge and realization of their education and upbringing. Hence, the phenomenon of violence in such environments has become increasingly evolving in spite of educational and corrective approaches to child behavior and discipline in the prevailing educational environment. in this study, by studying and explaining violence against children in educational settings based on the documents of the International Human Rights Law, as well as the Iranian legal system's standards regarding the right of children and their support, they are working to prevent and prevent the occurrence of such a phenomenon. Provided in educational environments. Manuscript profile
      • Open Access Article

        14 - Comparative Study of Asylum Seeker Children’s Right to Health in Common European Asylum System and Convention on the Rights of the Child
        Reza Mousazadeh AhmadReza Azarpendar
        One of the Asylum seekers children’s essential rights is the right to health, which is interpreted as the highest physical and mental standards. This right may include comprehensive medical and healthcare services, proper food and housing, proper health educations and a More
        One of the Asylum seekers children’s essential rights is the right to health, which is interpreted as the highest physical and mental standards. This right may include comprehensive medical and healthcare services, proper food and housing, proper health educations and also healthy environment. Accordingly, the governments are required in convention on the rights of child to spare their utmost effort to realize this right. At the time being, considering the large number of asylum seekers heading from the West Asian countries towards Europe, the European countries’ commitment to ensuring the asylum seekers children’s right to health is critically important. By comparing the Convention on the Rights of the Child and its General Comments with Common European Asylum System, Apparently, despite of the fact that the European Union has been successful in legislating for the asylum seekers children, in some cases, the fulfillment of children’s rights is subordinated to the domestic conditions of members of the EU, that it’s contrary to their obligations. Manuscript profile
      • Open Access Article

        15 - Research Ethics and Children's Rights
        Shima Tabatabai
        Background and aim: Despite the increasing global attention on the societal need to respect the principles of children's participatory rights in which children are involved, surprisingly, the relationship between children's rights and research ethics is not clear and re More
        Background and aim: Despite the increasing global attention on the societal need to respect the principles of children's participatory rights in which children are involved, surprisingly, the relationship between children's rights and research ethics is not clear and research ethics for children’s rights have been neglected in the social sciences literature. The aim of this study is to determine the relation of the ethical guidelines with children’s right. Method: This analytic study conducted to analyze the ethical research considerations from human rights and child right perspective. Results: Our analysis revealed that although the human right principles referred to in the social research ethical guidelines, the definition of “right” and especially children rights are ignored. Within the social sciences research ethical guidelines, including those related to children, there is often a lack of direct referral to the human rights principles emphasized by the UN Convention on the Rights of the Child (UNCRC). Conclusion: Linking the human rights principles within research ethics guidelines will promote and encourage a rights-based approach to child research. These specific Research ethics guidelines need to be drawn upon the UNCRC. Manuscript profile
      • Open Access Article

        16 - Legal Approaches to Protecting Children against Violence In Educational Environments
        Mohamad Mahdi Meghdadi Mohamad Mahdi Badami
        Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirab More
        Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirable space to increase the mental health of children in learning the knowledge and realization of their education and upbringing. Hence, the phenomenon of violence in such environments has become increasingly evolving in spite of educational and corrective approaches to child behavior and discipline in the prevailing educational environment. in this study, by studying and explaining violence against children in educational settings based on the documents of the International Human Rights Law, as well as the Iranian legal system's standards regarding the right of children and their support, they are working to prevent and prevent the occurrence of such a phenomenon. Provided in educational environments. Manuscript profile
      • Open Access Article

        17 - Children's Rights to Education in International Human Rights Documents
        Marzieh Hojaji Najaf Abadi Massimo Papa
        Children's rights, as part of the human rights debate, focus on protecting and supporting children and achieving their basic rights. Human rights are the inherent rights of all human beings. Children also have the same rights without discrimination. The main purpose of More
        Children's rights, as part of the human rights debate, focus on protecting and supporting children and achieving their basic rights. Human rights are the inherent rights of all human beings. Children also have the same rights without discrimination. The main purpose of this research is to investigate the right to education of children and to study it in international documents. An analytical approach has been used to achieve this goal. The main focus of this analysis is the Convention on the Rights of the Child as the most important document in the field of child rights, related articles on the Child’s education right, other international human rights instruments, the position of education in the international human rights system, the Declaration of Human Rights and Islamic Declaration of Human Rights. Therefore, recognizing the right to education for children in the human rights system will require the support and commitment of governments to provide children with access to appropriate educational facilities. The Declaration of the Rights of the Child incorporates the broad concept of the child as the right holder. The four basic principles of the Convention on the Rights of the Child can be: 1. The principle of non-discrimination and the guarantee of the rights of the Convention for all children without any discrimination; 2. The priority of the interests of the child in any law and regulations affecting the child; 3. The right to life, survival and development of children and adolescents; 4. The right to have children's views and opinions at all stages of their decision-making. In this international instrument, Articles 28 and 29 recognize the right to education in children and this right has been enshrined in equal opportunities. Another international human rights instrument, especially in the field of children and the right to education of children, is the Human Rights Declaration of 1948. Article 26 recognizes the right to education of children and everyone has the right to equal access to education and access. It also sees education as guiding the human personality with good understanding, forgiveness and respect for different beliefs. This analysis, on the one hand, represents the belief in the inherent dignity of children and the "human personality" without any discrimination on the basis of issues of gender, color, opinion, ethnicity and religion, and on the other hand, emphasizes the principle is to protect children and to recognize their fundamental rights. The right to education as a human rights principle in the field of children, including the right to access to education, the right to quality and standard education, respect for the human dignity and dignity of the child, non-discrimination education at all stages of childhood, access to educational opportunities and equality of opportunity in education. Manuscript profile
      • Open Access Article

        18 - Legal Clinics; Desirable Mechanism for Protection and Substantiation of Children's Rights
        Mahmoud Abbasi Leila Mirbod
        Children's rights are always subject to serious violations, so providing solutions for the substantiation of children's rights must be done in accordance with their highest interests. In addition to the mechanisms of international instruments and domestic law, non-gover More
        Children's rights are always subject to serious violations, so providing solutions for the substantiation of children's rights must be done in accordance with their highest interests. In addition to the mechanisms of international instruments and domestic law, non-governmental organizations can also contribute to the full substantiation of these rights due to their constructive role. in this regard child rights clinics have also been established so that they can take a serious step as a center for training and coordination of measures as well as specialized counseling. Analysis of the structure, objectives and performance of such centers can manifest their coordinating and enlightening role as an undeniable necessity. Examination of the objectives of these clinics shows that education, research, consulting services and executive measures are among their main functions. Of course, these measures also face serious challenges, such as non-allocation of funds, free services, non-participation of children in decisions related to themselves, and so on. However, children's rights clinics can create opportunities to provide scientific and practical solutions through these barriers. In line with the main issue of this study, the findings indicate that what can ensure the effective implementation of children's rights is the real cooperation of the responsible institutions with civil institutions. The present article has been written in a descriptive-analytical method with the study of domestic and international cases. A multidimensional view of the problems in the field of children, creating a new attitude of lawyers and judges to the issue of child victimization and delinquency and applying restorative justice, educating and promoting children's rights to children, parents and educators, creating a culture of entering rules to the community and creating a social attitude to Children's rights, should be at the forefront of child rights clinics. Manuscript profile
      • Open Access Article

        19 - Protection of Children from Violence in The Context of International Instruments
        Arian Petoft
        Because in preadolescence and adolescence, various physical and mental dimensions of the child are being formed and developed, childhood is the most sensitive and influential period of each person's life. Therefore, maintaining and guaranteeing the growth and physical a More
        Because in preadolescence and adolescence, various physical and mental dimensions of the child are being formed and developed, childhood is the most sensitive and influential period of each person's life. Therefore, maintaining and guaranteeing the growth and physical and mental health of the child is very important. Children should never experience domestic and social violence, and this is at the heart of international directives. Current international law obliges governments to protect all children from all forms of violence. Violence against children knows no bounds, and today it transcends race, class, religion, and culture, and there are children in all countries of the world who are always exposed to fear and experience of violence. In any case, this article is an attempt to provide a comprehensive answer to the question of what are the most important legal protections of international instruments, especially the Convention and the Declaration against Cases of Violence against Children. Thus, the present study step by step identifies and explains the most important fundamental rights of children in the context of international law. Manuscript profile
      • Open Access Article

        20 - Editor's Note
        Hossein  Kalbasi Ashtari
        human rights Liberalism Capitalism
        human rights Liberalism Capitalism Manuscript profile
      • Open Access Article

        21 - The Right to Family Life of Children in the Light of Human Rights System
        Mehri Toutounchian Mina Sarshar
        The family has an irreplaceable role in ensuring the health of the individual and society; therefore, children should grow up under the care of parents and within the family. Parental care means keeping children in touch with the family. The present study has reviewed i More
        The family has an irreplaceable role in ensuring the health of the individual and society; therefore, children should grow up under the care of parents and within the family. Parental care means keeping children in touch with the family. The present study has reviewed international documents on the necessity of children's right to family life in the light of the human rights system. The family, as the solid foundation of society and the first social institution, is a natural and fundamental unit that has historically always acted as a supporter and provider of the basic needs of its members. Numerous factors in the past few centuries and especially in recent decades have caused significant changes in the definition and structure and function of the family and the role of government in this entity. The international human rights system also recognizes the variability of the concept of family and that this concept varies from place to place and from time to time depending on historical, social and cultural conditions, while accepting the existence of different forms of social classes in all over the world, there is no specific definition of family and its types. Nevertheless, the right to family life of children is recognized as a fundamental right in the international human rights system. In addition to stipulating the right of the child to live in the family, the right to marry, to found a family, and support the institution of the family have been taken into consideration, which are rooted in human dignity and freedom. Manuscript profile
      • Open Access Article

        22 - Analyzing the Impact of United Nations Human Rights Council’s Special Procedures on Increasing Respect for Human Rights
        Mehdi   Zakeriyan بهروز  مختاری
        One of the activities of the Human Rights Council has spread by its establishment in 2006, is the use of human rights experts to investigate, analyze and monitor the human rights situation in states. Special procedures, name of mechanisms that former Commission on Human More
        One of the activities of the Human Rights Council has spread by its establishment in 2006, is the use of human rights experts to investigate, analyze and monitor the human rights situation in states. Special procedures, name of mechanisms that former Commission on Human Rights, it has developed and council afford them to the human rights situation in specific countries or territories (Country Mission) or important phenomena of human rights violations worldwide (Mission thematic) monitor. The main argument is that Human Rights Council to take significant steps in the mechanism of "special procedures" in the order of codified human rights, benefit precious experiences in human rights monitoring. With the removal of defects former Commission on Human Rights and also, Updated institutions and its mechanisms, many experts praised the mechanism of special procedures and this tool have been introduced as universal standard and non-infringement and the importance of its efforts; in this present article, we explain the achievements of this mechanism, the Human Rights Council in establishing reporting post will be discussed. Manuscript profile
      • Open Access Article

        23 - The African Court on Human and Peoples' Rights and Individual Petition Procedure
        Darioush  Ashrafi Amirhossein  Nourbakhsh Meysam  Bagheri Moghadam Ghahremanloo
        The lack of centralised enforcement power distinguishes international law, as a legal order, with national, domestic or even inter-organisational legal systems. The lack of enforcement is evident as a major flaw in international protection of Human Rights. A huge gap ex More
        The lack of centralised enforcement power distinguishes international law, as a legal order, with national, domestic or even inter-organisational legal systems. The lack of enforcement is evident as a major flaw in international protection of Human Rights. A huge gap exists between the the implemented Human Rights norms and those accepted to be enforceable by the international community. In a world marked with myriad of Human Rights abuses, investigating abuses and ensuing prosecution and punishment of violators of Human Rights is now a global concern, especially in Africa where range of civil wars and treatments contrary to Human Rights are witnessed. The individual right to petition and complaint is one of the guarantors in protection of human rights. This article assesses this right at the African Court on Human and People’s Rights based on its constitution, mandate and jurisdiction outlined in its founding document. Manuscript profile
      • Open Access Article

        24 - An Evaluation of the UN's Human Rights and Demand-Oriented Approach to Counter Narcotics Policies
        Esmaeil Baghaeihamaneh Ali Ghasemifard
        The UN has initiated a demand-oriented approach regarding narcotics and simultaneously has adopted supply-oriented policy, since 1989. This initiative is considered to be the result of some adverse consequences of coercive approaches toward the supply of narcotics. In t More
        The UN has initiated a demand-oriented approach regarding narcotics and simultaneously has adopted supply-oriented policy, since 1989. This initiative is considered to be the result of some adverse consequences of coercive approaches toward the supply of narcotics. In this regard, this article aims to study the reasons of failure of the supply-oriented approach, and then to describe the elements of the demand-oriented approach of UN regarding narcotics, by using a bibliographical analysis as well as studying the UN orientations and approaches of UN regarding narcotics. The results of the supply-oriented approach to counter narcotics is considered unfavorable, and in some cases wholly adversarial to the objectives. By considering the increasing importance of human rights literature in the world, in general, and in the UN in particular, the scope of countering narcotics is now considered to be overshadowed by human rights, which consequently affected the UN approach to counter narcotics. Manuscript profile
      • Open Access Article

        25 - Evolution in the Pressure Tools of EU’s Human Rights: A case Study of the Generalized System of Preferences
         
        fundamental social values, but also is considered as a reference point for codes, ethics and standards of conduct expected in various international trade and businesses. The EU's behaviors as one of the main political-economic actors of capitalism are fundamental to res More
        fundamental social values, but also is considered as a reference point for codes, ethics and standards of conduct expected in various international trade and businesses. The EU's behaviors as one of the main political-economic actors of capitalism are fundamental to respect for human rights. Members of the Union have a long history of using political, military or economic and cultural tools against countries to persuade them to respect for human rights. The main issue of the present study is to examine the evolution of the pressure tools of EU’s human rights and its reflection on the mechanism of the Generalized System of Preferences (GSP). The key question is what evolution has happened to the pressure tools of EU’s human rights? The research hypothesis is that as the EU's human rights pressures take on an economic-political nature, along with the transformations in the world capitalist system. This bloc will try to persuade countries to adhere to global human rights by force and consent. In this vein, the EU uses the mechanism of the GSP as a soft and intelligent consent tool to put pressure on other countries in order to adopt the guidelines of the global human rights system. Manuscript profile
      • Open Access Article

        26 - Analyzing the Impact of United Nations Human Rights Council’s Special Procedures on Increasing Respect for Human Rights
        Mehdi   Zakeriyan بهروز  مختاری
        One of the activities of the Human Rights Council has spread by its establishment in 2006, is the use of human rights experts to investigate, analyze and monitor the human rights situation in states. Special procedures, name of mechanisms that former Commission on Hum More
        One of the activities of the Human Rights Council has spread by its establishment in 2006, is the use of human rights experts to investigate, analyze and monitor the human rights situation in states. Special procedures, name of mechanisms that former Commission on Human Rights, it has developed and council afford them to the human rights situation in specific countries or territories (Country Mission) or important phenomena of human rights violations worldwide (Mission thematic) monitor. The main argument is that Human Rights Council to take significant steps in the mechanism of "special procedures" in the order of codified human rights, benefit precious experiences in human rights monitoring. With the removal of defects former Commission on Human Rights and also, Updated institutions and its mechanisms, many experts praised the mechanism of special procedures and this tool have been introduced as universal standard and non-infringement and the importance of its efforts; in this present article, we explain the achievements of this mechanism, the Human Rights Council in establishing reporting post will be discussed. Manuscript profile
      • Open Access Article

        27 - The African Court on Human and Peoples' Rights and Individual Petition Procedure
        Darioush  Ashrafi Amirhossein  Nourbakhsh Meysam  Bagheri Moghadam Ghahremanloo
        The lack of centralised enforcement power distinguishes international law, as a legal order, with national, domestic or even inter-organisational legal systems. The lack of enforcement is evident as a major flaw in international protection of Human Rights. A huge gap ex More
        The lack of centralised enforcement power distinguishes international law, as a legal order, with national, domestic or even inter-organisational legal systems. The lack of enforcement is evident as a major flaw in international protection of Human Rights. A huge gap exists between the the implemented Human Rights norms and those accepted to be enforceable by the international community. In a world marked with myriad of Human Rights abuses, investigating abuses and ensuing prosecution and punishment of violators of Human Rights is now a global concern, especially in Africa where range of civil wars and treatments contrary to Human Rights are witnessed. The individual right to petition and complaint is one of the guarantors in protection of human rights. This article assesses this right at the African Court on Human and People’s Rights based on its constitution, mandate and jurisdiction outlined in its founding document. Manuscript profile
      • Open Access Article

        28 - Human Security and Human Rights; Distinctions and Overlapping Areas
        Naser khorshidi sarem shiravand
        The purpose of this article is to study of distinctions and overlapping areas between "Human Security" and "Human Rights". Both concepts put the preserving and promoting "Human Dignity" on the agenda, And for this reason, they cover many of each other's shortcomings. On More
        The purpose of this article is to study of distinctions and overlapping areas between "Human Security" and "Human Rights". Both concepts put the preserving and promoting "Human Dignity" on the agenda, And for this reason, they cover many of each other's shortcomings. On the other hand, there are differences areas between "Human Security" and "Human Rights", especially in the level of analysis, operational aspects, and scope of inclusion. In this regard, the question arises: "How can human rights and human security, despite some differences and distinctions, be able to complement and reinforce each other?"Human rights and human security have the ability to overlap and reinforce each other, because they focus on a single issue, namely "human dignity" and the development of various aspects of human life, including individual, social and international. In order to realizing the Human security strategies (protection and empowerment), Human rights provide the necessary legal framework to support the two principles of "Protection" and "Empowerment". And conversely, human security, with its emphasis on the operational aspects of the Universal Declaration of Human Rights, in particular economic, social and cultural rights, as well as the Securitization of some common human rights concerns, can provide the necessary political support for achieving human rights goals. Findings indicate that there is a significant relationship between human rights and human security. The research method is descriptive-analytical and in some cases a comparative method has been used to prove the hypothesis. Manuscript profile
      • Open Access Article

        29 - The right to maternity leave as a human right (a comparative approach with an emphasis on Islamic countries): The Wealth of Islam
        Mohamad Setayeshpur malihe abedi moghadam
        One of the important issues is respecting the rights of women and mothers. One of these rights is the right to maternity leave for working mothers, which has been assigned limited laws and regulations in the international human rights system. The following lines have de More
        One of the important issues is respecting the rights of women and mothers. One of these rights is the right to maternity leave for working mothers, which has been assigned limited laws and regulations in the international human rights system. The following lines have decided to study the right to maternity leave for mothers with a comparative study. The results of the research show that although the international community, governments and human rights institutions always emphasize women's rights and call them effective regardless of any discrimination for women, this type of right, whether as a child's right And as mother's right, as it should be, it does not have binding power in the international human rights system. This is despite the fact that the religion of Islam has addressed various dimensions of the mother's right, and in the legal system of the Islamic Republic of Iran, in accordance with Islam, the right to maternity leave has been addressed for mothers. Manuscript profile
      • Open Access Article

        30 - A Reflection on the Two Dimensions of Human Rights and the Rights of Pilgrim Tourists in the Mina Tragedy with an Emphasis on the Role of Relevant Organizations
        Sommaye Eshkevaryan
        The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using More
        The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using the capacities of the Security Council and the Human Rights Council to assist the victims' families. Additionally, peaceful resolution of this tragedy required the intervention of the Organization of Islamic Cooperation, which, according to its goals, should have entered into negotiations and provided a platform for cooperation between two governments. But since then, these pilgrims are known as religious tourism, and tourism has been a natural human right, Any government that recognizes this right and allows entry into its territory, In return, he will be obliged to respect the rights of tourists While these rights have been violated by the Saudi government as the host government And this will be a proof of the responsibility of the Saudi government and it was deserved that the World Tourism Organization paid attention to these violated rights. Finally, it should be said that the right of these victims is largely due to the role of the Iranian diplomatic delegation in the upcoming negotiations, To follow up on this tragedy by insisting on the formation of a fact-finding committee and other political methods and predicting measures to prevent such tragedies from happening. Manuscript profile