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Open Access Article

1 - Analysis of Empirical and Theoretical Industrial Development Evolution for Achieving an Up to Date Industrial Development Framework for Iran
Homayoon Nooraie

The aim of this paper is to review the evolution of empirical and theoretical industrial development literature and to identify the position of industrial clusters in this literature. For achiving this goal, firstly the evolution of empirical industrial development lite More

The aim of this paper is to review the evolution of empirical and theoretical industrial development literature and to identify the position of industrial clusters in this literature. For achiving this goal, firstly the evolution of empirical industrial development literature was rewied and secondly the evolution of empirical industrial development literature was discussed and finally the industerial cluster concept was considered by using attributive methods for data gathering. Results indicate that the best industrial development procedure in the current era that could bring a comprehensive and sustainabel regional development is the procedure that firstly provide demand-driven, flexible, competitive, knowledge-based and innovative industries for regions, and secondly have not any need for direct government intervention and establish in pupular base form. Regard to these characteristics, it should be noted that among industrial development strategies, small and medium enterprises (SMEs) and the industrial cluster development strategies are in this framework and these strategies could be provide proper framework for up to date industrial development. Therefore, it is suggested that special attention paid to SMEs and industrial cluster development strategies as up to date framework and provide proper institutional environment for these strategies development. Manuscript profile

Open Access Article

2 - Analysis of the realization of the implementation of the child-friendly cities (cfc) case study:shiraz city
Farzaneh Salami

The concept of Child Friendly city is based on a sysem in which attention is paid too children s rights and polices and laws, programs and budget based on the needs of children cities reflect.Child-friendly design centers by the (UNICEF) human settlements program(HABITA More

The concept of Child Friendly city is based on a sysem in which attention is paid too children s rights and polices and laws, programs and budget based on the needs of children cities reflect.Child-friendly design centers by the (UNICEF) human settlements program(HABITAT)was founded in 1996.The purpose of this plan, the implementtition of the(CRC) at a level where we had the greatest impact on children. The purpose of this research is aimed at the realization of child-friendly cities in shiraz accepted,The methodology of this paper is descriptive in parallel,data collection haar data using a questionnaire and the population of both city managers,specialists and experts in urban and parents living in shiraz.Based on pearson correlation, shiraz all components of defined showed none of the items participation of children, the legal framework prtner of the child, comprehensive strategy rights of the child yamkanysm coordinated, systematic evaluation and assessment of the impact of legislation on children budgets,report on the status of children in urban, independent of the rights of children and protect children 3 and older not mean this show partially in shiraz in terms of the principles of friendly child was not favorable, analysis was performed based on multivariate regression model, in the city shiraz, the indicators rights of children as the most important and effective variables prediction kntdh friendly city children coefficient of the highest rsnk 0.426. Manuscript profile

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3 - Promotion of principles related to construction control system based on sustainability approach and citizenship rights
sed ahmad anvari Mostafa Behzadfar esmaeil shiee

The rapid growth of construction in the modern world and the acceleration of the achievement of the final product have eliminated the opportunity of thinking and reflection in the layers of this industry. The purpose of this study was to investigate and evaluate the pri More

The rapid growth of construction in the modern world and the acceleration of the achievement of the final product have eliminated the opportunity of thinking and reflection in the layers of this industry. The purpose of this study was to investigate and evaluate the principles and guidelines of construction in Iran in relation to successful international sustainable construction systems such as Leyed and Bryme, as well as the emphasis on citizenship rights in the context of neighborhood and neighborhood rights. In order to achieve this goal, the method used in this study is of a descriptive-analytical and adaptive type with a critical approach and, in terms of its kind, is a part of applied research. The results of this study indicate that the basic principles of construction in Iran (technical, sanitary, urban, etc.) have proper basic principles, but these principles require a serious overhaul regarding the changes to It has emerged in terms of environmental and urban conditions in Iran and also due to new scientific advances and the growing importance of sustainable development issues around the world. Manuscript profile

Open Access Article

4 - Rightward Scramblingin Translation (From Persian Language to English langugae)
Mohammad Dabirmoghaddam Vida Shaghaghi Mojtaba Monshizadeh Seyyed Hussein Piri

Scrambling has optional nature and a significant contribution to the discourse functional interpretation of clauses in Persian. Since scrambling is, unlike English, one of the features of Persian, the analysis of the scrambled clauses and their translated equivalents se More

Scrambling has optional nature and a significant contribution to the discourse functional interpretation of clauses in Persian. Since scrambling is, unlike English, one of the features of Persian, the analysis of the scrambled clauses and their translated equivalents seem essential to improve their translation accuracy and quality. Therefore, this study which is of descriptive-analytical and corpus based aims to investigate the impact of rightward scrambling on Persian clauses and analyze their English translated equivalents. To this end, 297 Persian rightward scrambled clauses out of 5247 clauses were collected and analyzed along with their English translated equivalents within Halliday’s Systemic Functional Grammar (2014). The results show that rightward scrambling makes marked themes through rearrangements of themeta-functions. However, the translators have not paid enough attention to these clauses. In addition, Halliday’s Systemic Functional Grammar (2014) can be efficient means of evaluating the translation accuracy of these clauses into English. Manuscript profile

Open Access Article

5 - 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

6 - The Comparative Review of Reformist and Fundamentalist Currents toward Political Participation of Women in Islamic Republic of Iran (1997-2005)
Mohammad Abedi Ardakani پروین عظیمی

Since the victory of Islamic Republic of Iran up to now, there emerged two significant and effective intellectual and political currents. The first current which could be called from intellectual dimension as “Juristic Islamism Current” and from political dimension as “ More

Since the victory of Islamic Republic of Iran up to now, there emerged two significant and effective intellectual and political currents. The first current which could be called from intellectual dimension as “Juristic Islamism Current” and from political dimension as “Fundamentalism current”, got its climax political power in first and third decades of Islamic Revolution and it still keeps its power today. In contrast, the second current which could be called from intellectual dimension as “religious new thinkers” and from political aspect as the “Reformism current” reached its climax political power in the second decade of Revolution and from then on its is declining. The main purpose of this article is to comparatively review these two currents regarding the issue of women’s rights, particularly in relation to their political participation and its main hypothesis is as follows: “the different intellectual and religious principles of these two currents caused an inconsistency in their position toward the issue of women’s rights, particularly in relation to their political participations. To evaluate this hypothesis, using the descriptive-analytical method, it is tried to review intellectual and religious alphabets of these two currents and compare particularly these two in relation to political participation and family. The findings of this research shows that their attitudes toward the issue of women’s rights have significant differences in one hand, and in other hand, these differences are basically due to their different but inflexible interpretations of religion. Manuscript profile

Open Access Article

7 - Iran’s intellectuals in Qajar era and the Transition Possibilityfrom "Government-oriented Pattern" to the "State-oriented Pattern
مهدی کاظمی زمهریر

In the ancient time, the government was at the center of theories, with consideration to the given religious nature of political community and desirable arrangement. By the entrance of modern thoughts into Iranian world in Qajar era, we witnessed the destruction of thes More

In the ancient time, the government was at the center of theories, with consideration to the given religious nature of political community and desirable arrangement. By the entrance of modern thoughts into Iranian world in Qajar era, we witnessed the destruction of these beliefs and the need to rethink about them. The intellectuals were in charge of these affairs. How much they were successful in rethinking of these beliefs? The intellectuals faced with practical obstacles in the inherited beliefs from ancient time. So like the ancient thinkers, they set the right use of political authority as the main subject in their theories, Instead of addressing the foundations of political community and government. However,to rethink political orders and the application of political powers by the government was not possible without knowing about the nature of political community. So with reception of implicit theory about political community and by the use of “common good” and “general rights” by intellectuals, they rethought about dominion theory and the relation between religion and political order and stated a new theory about government. But the result was a gradual tension between the old beliefs and the new beliefs of political order and the appearance of juridical modern political theories. Although these theories tried to resist against new political order, But for the first time, instead of characteristics of an ideal ruler, they had to pay attention to the nature of political community. So the appearance of intellectual thought could put the query of government’s nature and political community in the center of political theories of Iran’s thinkers, and pave the way for gradual transition from "Government-oriented pattern" to the "State-oriented pattern" of political theories. Manuscript profile

Open Access Article

8 - The Effect of Globalization on Citizenship Rights in Iran

In the constitution of the Islamic Republic of Iran, special attention has been given to the “citizen rights”, so that it disregards color, race, and language as regards these rights. It also requires the government to regard these rights for all its citizens. Now that More

In the constitution of the Islamic Republic of Iran, special attention has been given to the “citizen rights”, so that it disregards color, race, and language as regards these rights. It also requires the government to regard these rights for all its citizens. Now that the different aspects of the nations’ life all over the world is apparently being affected by the globalization. Citizen right is one of the domains influenced by globalization. This paper argued that the globalization has a converse relationship with human-participatory` rights , but it has a direct and converse relationship with political and social rights. Manuscript profile

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9 - Sovereignty meaning in Hobbes thought according to Hobbes's Interpretation of the Scripture
Hassan Ghasemi Aboulfazl Shakouri

Sovereignty issue has been the topic of long debates where the follow-up of interpretations of this concept in scripture has led to a variety of votes. Thomas Hobbes, the sovereignty theorist, has had a pivotal role in clarifying the relationship between Sovereignty and More

Sovereignty issue has been the topic of long debates where the follow-up of interpretations of this concept in scripture has led to a variety of votes. Thomas Hobbes, the sovereignty theorist, has had a pivotal role in clarifying the relationship between Sovereignty and religion in the early era of modernism by interpreting Scripture based on his scientific method. This article highlights the transformation in the concept of natural rights as a bridge between sovereignty and religion in Hobbes's theory. In addition, this study corresponds to this concept with Hobbes's interpretation of Scripture and, thereby, it is claimed that Hobbes has embedded the main component of his theory, which is social contract, in reading the Scripture. Then, Hobbes interprets it in favor of a powerful ruling authority who is seeking for individuals' peace and security and also the maintaining the individuals' natural rights at large. Manuscript profile

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10 - Power and the Commune: Priority of Power to Right in Political Philosophy of Spinoza

Baruch Benedict Spinoza’s theoretical constellation formulates a theory of right and law that prepares bases for his special rationalism and humanism that is specific to republican political philosophy. This philosophy of right and law relies on metaphysics of power and More

Baruch Benedict Spinoza’s theoretical constellation formulates a theory of right and law that prepares bases for his special rationalism and humanism that is specific to republican political philosophy. This philosophy of right and law relies on metaphysics of power and prefigures the “Multitude” and the “Commune”. This philosophy of right and law is one of the many unique aspects of Spinoza`s practical philosophy. Spinoza`s theory of right as articulated in his political essays Ethica and Tractatus Politicus is as following: The more right extends, the more power extends and since society or commune produces more power, it produces more right. This unique aspect of practical philosophy of Spinoza relies on some aspects of old theory of right and law. In other words, the right and law theory of Spinoza can be considered one of Spinoza’s bonds with old traditions. The right and law Spinoza theory relies on “power” and considers “Multitude” and “Commune”. Manuscript profile

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11 - The European Medieval Conception of Citizenship: Individualistic or Collectivistic?
seyed alireza Hoseyni Beheshti

As Europe entered the Middle Ages and the emergence of a Christian otherworldly perspective together with its individualistic and universalistic nature, the view on the Man and his status, both concerning the society and the state, transformed dramatically. The transfor More

As Europe entered the Middle Ages and the emergence of a Christian otherworldly perspective together with its individualistic and universalistic nature, the view on the Man and his status, both concerning the society and the state, transformed dramatically. The transformation had its effects on the conception of citizenship inherited from ancient Greece and Rome. The classical and more or less still dominated view on the history of social and intellectual developments of that period, offers an image according to which the spread of Christianity resulted in merging individuality into the community. Here I try to show, through relying on recent and less biased historical researches, that the classical interpretation that views the period as the fading individualism in favor of a collectivism emerged from the teachings of Christianity, the assimilatory political culture dominated early western modern societies, spring from the Renascence and then Enlightenment rather than the Christian culture. Manuscript profile

Open Access Article

12 - The Theory of Resistance in New Constitutional Thought
mohammadreza tajik aref masoudi

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle remini More

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle reminisces political power limits to rulers, and makes citizens manned with utilities to influence their decisions. The origin of this theory can be traced to the ideas of the most important political philosophers like Thomas Hobbes and John Locke. Hobbes in his theory, de facto, realizes the existence of "focus and some points of resistance" to be sublimating the spirit, but Locke considers the power of the government to be conditioned by the obedience and the practice of rules; in case of disobedience may legitimize the rights of people to revolt and dissolve. Therefore, resistance used to be the natural, ethical, and fundamental right of citizens that can only be resorted in case of breeching or dissolving of the basic principles, or the acquiescing of the majority. This study accounts for the processes of organizing the theory of resistance, based on the "right of resistance" of every member of the society, and considers the thought of constitutional quest as its first theoretical carrier. Manuscript profile

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13 - The Concept of Right and Freedom in Talibov's Thought
fardin moradkhani

Iranian Constitutionalism as an important event of the Iranian new Ages introduces many new concepts to Iranian thought. The concept of right as well as the concept of freedom as two important concepts were put forward by the thinkers of this age and theorized about it. More

Iranian Constitutionalism as an important event of the Iranian new Ages introduces many new concepts to Iranian thought. The concept of right as well as the concept of freedom as two important concepts were put forward by the thinkers of this age and theorized about it. Intellectuals, as one of the groups involved, played a major role in designing these concepts. They were able to acquaint Iranians with many concepts of the new era, such as law, parliament, limitation of power, freedom, equality, constitution, and so on. Talibov Tabrizi's words about the concept of right are more precise than others. Talibov's life outside of Iran and his familiarity with the writings of Western scholars have led him to carefully examine new concepts. He has spoken precisely about many modern concepts. He deals with the basis of law, types of rights, violations of rights, and conflicts of rights. It also calls for freedom as one of the evidences of right and tries to find theoretical foundations for this important demand of Iranian constitutionalism. He has the emphasis on praising freedom, linking it with the right, setting limits on freedom, and the avoidance of chaos. Relying on Talibov's works and using a descriptive-analytical method, this article seeks to examine the question of what is the place and meaning of right in Talibov's thought and what is its relation to freedom. And an attempt has been made to explain his theory of rights and freedoms as two key concepts in Iranian constitutionalism. Manuscript profile

Open Access Article

14 - 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

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15 - 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

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16 - A Comparative Study Of The Nature Of The Head And The Right To Trade With An Approach To Free Trade And Industrial Zones
Farshad Akbari Balanga Seyed Alireza Mirheidari Langroudi

Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws ente More

Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws entered into Iran's commercial convention. What was recognized in Iran's laws in the past was the right to business and trade that most of the jurists called to oppose it and declared it a non – religious. Consequently¬ opposition , the Convention on the Trade , which was reflected in the form of goodwill in the writings¬ of jurists, influenced their legal theories for the first time in the framework of the legal Relations Law and the tenant of 1997. Although the law could not be all to goodwill issues. Because the concept of goodwill and its nature is not clear, and at the same time the conditions of realization of the goodwill and the implementation guarantee¬ Failure to comply with these terms and also the right to the third parties is not clear. Also , the goodwill and conditions of realization of the transfer and conformity of it in Iran's free trade and industrial zones have ambiguities. Hence , in this thesis we are going to clarify the ambiguities and solutions to solve this issue. Manuscript profile

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17 - A Study Of Obligatory And Situational Rules In The Iranian Legal System
Arman Yaghobi Moghadam Ashkan Naeimi

Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two More

Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two comments have been obtained between principles. Some fundamentalists, such as Sheikh Ansari, consider the status quo to be detached from the mandatory mandate. Others, such as Fazel Toni, consider the nature of the status quo to be independent. In this research that in terms of practice data collection is a library, we will prove that the separation of status sentences from mandatory sentences in the Iranian legal system has many benefits. Manuscript profile

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18 - Jurisprudential and Legal Study of the Concepts of Right and Decree
Seyed Alireza Foroughi

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right More

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right of administratorship, right of custody and the like. Although these are interpreted as right in the literature of the jurisprudents, they are all examples of decree. Second, right in its particular sense is vis-à-vis property and decree. Therefore, it has been said that the jurisprudents who put right in front of property and decree, they mean a type of religiously obligatory decree, which is also called religious decree or the decree of the Legislator. However, in cases we consider decree in its general sense, either obligatory or enacted, it is clear that right (like property) is a type of enacted decree. Therefore, decree in its general sense is attributable to its particular meaning (second meaning). On this basis, when right is compared and contrasted with decree, the denotative meaning of the two is involved and when in jurisprudence, jurists talk about the effects and consequences of right, like the capacity to waiver, and transfer, they mean that right possesses these effects as an enacted decree and its independent rational validity. On the contrary, the obligatory decree lacks such characteristics. This paper is an attempt to study the relationship between obligatory decree and enacted decree, and as well as the viewpoints of theoreticians at law and the independent viewpoints. Attempts also have been made to discuss the criteria for distinguishing right from decree and the procedure and criteria for judgment when doubt is raised about right and decree. In case of the absence of criteria, what shall be the basis for performance? Manuscript profile

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19 - Islamic Judicial System and Diversity of Courts
Mohammad Ja’fari Harandi

The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary chang More

The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary changes yet. The question of this paper is: what are the needs to change Islamic juridical procedures and judicial system? Taking into account the religious principles, particularly legitimacy of the judge as well as distinction between arbitration on the divine rights and the people’s rights based on jurisprudence, and also, arguing that social rights are distinct from the divine rights, attempts have been made in this research to propose some changes in the juridical procedures which include: setting up of different courts congruent with the nature of the forwarded cases such as individual personal rights, society’s rights, and divine rights. The judges dealing with the first two groups of rights are to be elected by the people, while the judges handling the cases related to the divine rights and pertaining issues are to be appointed by the ruler of the Islamic state. Manuscript profile

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20 - Certificate of Incompatibility based on Mutual Consent and Its Enforcement in Conformity with Jurisprudence and Positive Laws
Leila Sadat Asadi

Abstract: Mutual consent divorce is one major cause behind issuing certificate of incompatibility that upon the very consent, the court is free to avoid entering into the nature of the dispute. The family law, ratified in 2012, while stipulating a time span for issuing More

Abstract: Mutual consent divorce is one major cause behind issuing certificate of incompatibility that upon the very consent, the court is free to avoid entering into the nature of the dispute. The family law, ratified in 2012, while stipulating a time span for issuing certificate of incompatibility based on mutual consent, has conditioned its enforcement to the request by the husband. Therefore, a single request by the wife cannot be legally sufficient for the enforcement of the law. Such a preference is synonymous with spoiling the financial rights of the wife and this makes the wife’s will in mutual consent divorce ineffective. There is also ambiguity in the nature of divorce based on mutual consent and the type of divorce contract, which this paper intends to study. Manuscript profile

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21 - A Comparative Study of Mortgage Contract and Its Establishment in Iranian and American Legal Systems
Farideh Shokri

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any differen More

Abstract: According to Iranian legal system, despite the existence of fixed debt in an obligation, pledgee and its waiver, the mortgage contract shall be enforceable and the right of pledgee shall be established on the mortgaged object. This is done without any difference between the two stages of creation and establishment of the right of pledge. Even in the case of immovable mortgage it is obligatory to register the document. On the other hand, in Iranian legal system the principle of transferability of the mortgage – however briefly – has been officially recognized so that conclusion of a mortgage contract and the establishment of the right of pledgee is no obstacle to future transfer of mortgage or pertinent rights by the mortgagor in case it does not violate the rights of the pledgee. The rule of this principle, without special stipulations on establishment of the rights mentioned in the contract such as obligation to register the mortgage, will sometimes raise consequences such as dispute in discerning priority, reference to the superficial contracts containing the date of priority and consequently violating the rights of pledgee as well as legal dispute in courts and probably penal procedures. Whereas in many legal systems across the world, the US legal system for instance, there is a distinction between the two stages of concluding the mortgage contract or a pledge and stipulations for the establishment of the rights of mortgage for either side. In these legal systems, a distinction has been made between movable and immovable mortgage and establishment of the right of pledgee on each case requires finishing certain formalities otherwise, the right of the pledgee will be incomplete and the priority will be with the other party finishing the procedure. The question raised in this paper is this: Is it possible to make a distinction between the two stages in Iranian legal system with respect to the existing jurisprudential laws and the enforceable legal texts? Manuscript profile

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22 - Jurisprudential and Legal Investigation of Digital Data Value and Ownership in Cyberspace
Seyed Alireza Foroughi Asma Hosseinzadeh Sereshki

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are availa More

Abstract: In this study, we have classified digital data into three groups to precisely investigate digital data value and ownership: (1) Digital data with foreign likeness. Cyberspace is an environment for intellectual property such as computer software that are available as digital data. (2) Big data that is naturally realizable outside the network but is available in cyberspace since it is large in volume and time-consuming for external handling. (3) Data such as domain and web hosting that are instruments for cyberspace and there is no foreign likeness for them and they have been created according to the requirements of the cyberspace. The value of the digital data is determined by the data’s economic value on one hand, and on the other hand, by inference to the types of properties in Fiqh and Islamic law. Ownership, too, in the context of full claim on digital data is acceptable due to the advantage of possessing it. In this study, we have studied each category under a certain legal system with respect to the characteristics of each category and qualities of properties according to Fiqh and Islamic law: The first and second groups – as intellectual rights – are placed under the principle of intellectual property and its rules of ownership. Cyberspace instruments shall be considered as the infrastructures such as hardware and the resulting benefits as well as ownership of such data will be investigated under civil property system. Manuscript profile

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23 - A Comparison of Mortgage Contract and Transaction with Right of Restitution through an Approach based on Existing Precedent
Gholamali Sedghi

Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real est More

Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real estates, transaction with right of restitution is a combined contract of rendable property and mortgage. There are, however, differences between transaction with right of restitution and mortgage including this that the contract interests belongs to the transferee in the transaction with the right of restitution while corpus interests of the mortgaged property belong to the mortgagee. By virtue of Article 324 of the law on registration of deeds and real estates and the existing precedent, all the benefits belong to the purchaser and given religious rules and regulations, this stipulation is the same as the debt interest. However, if we ignore the right of the purchaser to collect interests, given the degree of inflation and devaluation of money, we have equally ignored commutative justice in his case. Therefore, belongingness of the interests to him seems to be possible via bartering and realization of relative balance. Manuscript profile

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24 - Restitution in law, jurisprudence and Islamic ethics
mohammad hasan javadi seyed mahdi ghireyshi Behzad Balazadeh

Social justice is rooted in spatial and environmental justice. And the lack of access of parts of the city to public spaces will deprive residents In today's societies, due to the complexity of crimes and the variety of crimes, the errors of courts in many stages are hi More

Social justice is rooted in spatial and environmental justice. And the lack of access of parts of the city to public spaces will deprive residents In today's societies, due to the complexity of crimes and the variety of crimes, the errors of courts in many stages are high and can not be ruled out, and the eyebrows and dignity of citizens are questioned in this matter, and there is a need for law to overcome this dignity. Restoration of dignity is the reinstatement of the dignity that has been influenced by various factors of the deprived or subverted individuals, which may sometimes be applied to an innocent person who has been found guilty of a crime or has been harmed by his dignity. In this case, it will compensate for all its spiritual damages by restoring the dignity, because without doubt in the societies governed by the law the respect and dignity of the individuals who are among their spiritual assets is considered and respected by the legislator, as far as this is the case The attention of the texts of the constitution to most countries has been clarified and supported by the legislature. Therefore, the desecration of people's honor and dignity in any form is unlikely to be punishable as the case may be, and it may sometimes be possible to restore the dignity of the offender, in which he or she would return some or all of the sentenced to justice. In the religion of Islam, several verses such as Sura Toubah, Surah Yusuf, Surah al-Nuru… in various narratives, including the traditions of Mohammad Baqir about the necessity of compensation for the right of Allah and Imam Ali regarding the reverence of the personality of humans and the positive attitude of the offenders and ... The rules of wisdom and the restoration of dignity have been considered. In the present article, the definitions of restorative dignity and its types will be discussed first, then the defects of the Islamic Penal Code, adopted in 1392, will be considered. However, the jurisprudential justification for the complete restoration of the non-existence of dignity in the context of the law is one of the goals of this article. Manuscript profile

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25 - 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

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26 - Right to a healthy environment in the light of the principles of jurisprudence and ethics
Mohsen Emami Gheshlagh Seyyed Mohammad Hashemi Mohsen Mohebbi Vali Rostami

Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, eco More

Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, economic and political life, is necessary for the survival of every human being and as a platform for human life and its means of evolution, in the jurisprudential and moral discourse, a reasonable capacity for research in order to protect it as the human right and duty of the human community has it. In this regard, in order to achieve healthy environment and its importance, there are two approaches. In the first approach, for nature, as divine value is intrinsic and nature itself is discussed, but in the second approach, the necessity of preserving the nature as a tool for use In this article, the authors, while believing in the first approach, seek to explain the ethics of the environment by emphasizing the jurisprudential and moral teachings in order to protect it as a fundamental human right. Manuscript profile

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27 - Morality and fair procedure in the light of predictability principle of procedure rules
jalil ghanavati Eslam Mondani

The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability More

The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability principle in civil procedure is considered as one of civil fair procedure principles, looking carefully at provisions of the civil procedure code of Iran and other regulations and Shiite jurisprudence judicial discussions related to the role of judge and the evidences, predictability principle can be recognized in Iran civil procedure code as civil fair procedure principle. Documents of matching transnational procedure and documents and rules of arbitration sample significantly support predictability principle in civil procedure in judge’s performance and litigants of private disputes in relation to evidence. The relationship of other procedure principles is sometimes coordinated with predictability principle such as contradiction principle, parties’ despotic domination principle on civil claim, and the principle of judge neutrality and sometimes is conflicting with other principles of civil procedure such as prohibition of unduly prolonging civil procedure principle, the principle of civil party’s hearing right. In this field, the exact scope and the quality of implementing this principle should be carefully investigated in the light of other civil fair procedure. The sanction of violating implementation of the predictability principle in the civil procedure is invalidity of judicial decisions and possibility of research or appeal violation in this principle of civil fair procedure. The research method is descriptive and analytical. Manuscript profile

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28 - 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

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29 - The senses of citizenship obligation at criminal law of iran
Abbas Zera,at Meysam Nematollahi

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has More

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has recognized ,but that which has the citizen at criminal law with due attention to sovereigntialitical nature of criminal law has dutes which does not acting citizens can use criminal sanctions. With review of criminal law can say that the citizen at criminal law as other area of public law has duty ,the duty to impeach the crime and to be witness and the duty to presence at court are some duty that can mention beside the knowledge of law and care of citizen health. Manuscript profile

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30 - Protecting the rights of the virtual citizen for the rights of citizens
Nafiseh Nekouie Mehr Atefeh Hosseini Fard

Virtual citizen is one of the concepts that is being evaluated today on various topics. The virtual citizen or the electronic citizen also has the rights and duties that it is obliged to observe in order to restore order in society. Perhaps some of the uncertain nature More

Virtual citizen is one of the concepts that is being evaluated today on various topics. The virtual citizen or the electronic citizen also has the rights and duties that it is obliged to observe in order to restore order in society. Perhaps some of the uncertain nature and idiosyncrasies of some users may be seen as a reason for not respecting the rights of citizenship in cyberspace and are allowed to commit any offense, abuse or misconduct. It should be noted that in the last decade, virtual identity may not have clearly been the true identity of individuals, however, the growth of social networks and the transfer of individual interactions in group networks or on-line multimedia devices has led individuals to move towards their actual representation on the basis of limits in the real world, and to introduce themselves, as in the real world, with their real identities. The current paper examines the rights of citizenship in the virtual world, addressing the challenges ahead. Manuscript profile

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31 - The economic rights of coastal countries in different maritime areas In the shadow of moral teachings
maryam shamoni Ahwazi mansour atashene basem mavali zadeh

Governance is one of the most fundamental concepts related to the formation and sustainability of the state-state, which gives the legitimate and objective faculties of the government of that country. This concept defines the scope of the authority of the political syst More

Governance is one of the most fundamental concepts related to the formation and sustainability of the state-state, which gives the legitimate and objective faculties of the government of that country. This concept defines the scope of the authority of the political system and governing institutions within the country and in foreign relations. In addition to the political borders of the land, the sovereignty of the countries has come at the blue borders. In marine environments, coastal countries are qualified after considering the economic bases of the maritime zones. In this regard, one of the roots of the disagreements arises here from which developed countries want to dominate economic zones and limit the domination of governments The coast was around the waters around you. On the other hand, colonized and developing countries are demanding more seaweed for economic protection from their land areas. In this study, the purpose of this study was to examine the economic rights of coastal countries in different marine areas. And then collect information using the library method and phishing. Manuscript profile

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32 - 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

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33 - Laws and duties of legal scholarship and moral mortgage broker
Soheil Zolfaghari Mohammad Abouata Hamid Masjed,soraei

By virtue of a mortgage agreement that has been dealt with in most of the jurisprudential texts and has been governed by the provisions of Articles 771 to 794 of the Civil Code, the debtor submits to the creditor, in order to establish his religion, At the end of the ch More

By virtue of a mortgage agreement that has been dealt with in most of the jurisprudential texts and has been governed by the provisions of Articles 771 to 794 of the Civil Code, the debtor submits to the creditor, in order to establish his religion, At the end of the charge, the mortgage is performed and resumed, or in case of non-payment of the religion in due time, the mortgagee may demand a sale from that place. In this process, each of the parties to the mortgage agreement has the rights and duties that the taxpayer has incurred. Understanding these rights and duties can solve many legal conflicts. Including the salary of a mortgagor, it is the property of the property owner who is liable for the property and the payment of the maintenance fee and the amount of the remittance to the mortgagor is from his duties. The mortgagor is entitled to the other claims and the right to withdraw from the mortgage case and is obliged to maintain, manage and reject the mortgage. Manuscript profile

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34 - The status of civil rights based on dignity in the doctrine of responsibility to protect in the light of international law
Doagu Hossein Seyyed Mohammad Hashemi

Human rights and citizenship rights are derived from the inherent and natural rights of mankind, and they have received special attention throughout history. Although after more than half a century of United Nations life, in the era that we call the age of technology an More

Human rights and citizenship rights are derived from the inherent and natural rights of mankind, and they have received special attention throughout history. Although after more than half a century of United Nations life, in the era that we call the age of technology and communication, there are still many people from civil wars and ethnic strife, poverty and hunger, drought, lack of health, or even the most basic of living conditions. They lose their lives. The Doctrine of Responsibility for the Protection of Human Trafficking is a result of the widespread and systematic violations of fundamental human rights in the 1990s, as well as measures that provide a threat to peace reflected in the resolutions of the Security Council, in light of the Security Council's inherent duty of international peace and security, In fact, at the current stage, the response of the international community to the humanitarian disaster is reactive and passive. Still, there is a vacuum in the existence of a specific mechanism that can map the policy of a reasonable and yet reasonably effective and effective response to human crises. The "responsibility for protection" is, in fact, to provide a new, yet precisely-designed, strategy for the appropriate substitute for the "humanitarian intervention" challenge; the "responsibility for protection", however, is a completely different concept of humanitarian intervention. The set of actions to be taken under this doctrine includes three dimensions of responsibility for prevention, responsibility for responses and reconstruction responsibilities. This strictly humanitarian strategy is considered to protect and protect human rights and citizenship more and more. This strategy is a useful and effective solution for governments in crisis or crisis situations based on citizenship rights. Manuscript profile

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35 - 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

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36 - 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

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37 - 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

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38 - Ethical mechanisms to support from ‘suffering in silence’ by taking approach toward reducing black record of crimes against children
Mohammad

Writing of present research aims to investigate strategies in the course of reducing black record of crimes against children and to discover and reveal such offences in terms of their vulnerability. This study has been conducted using descriptive- analytical method and More

Writing of present research aims to investigate strategies in the course of reducing black record of crimes against children and to discover and reveal such offences in terms of their vulnerability. This study has been conducted using descriptive- analytical method and by means of librarian references. The conducted studies about this topic may interpret that due to some various reasons, the victimized children may not report the offences perpetrated against their own and as a consequence not only have not they been supported by what anticipated in law, but also they are undergone double injuries by secondary and repeated victimization. The child victims, who are called as ‘silent victims’ and or ‘suffering in silence’, should have potential to reflect the offences perpetrated on them and led to breach their rights in order to enjoy criminal supports and otherwise. Thus, it has been tried in this paper to display image of requisite for culture-building and public sensitivity to recognize basic rights for children and to report the infringement cases of such rights as well as their right of expression of victimization and right of hearing (in the court) in order to break silence in children and also to acquire trust from the victimized children in criminal justice system through providing some facilities in proceeding process. Such measures result in further discovery and revealing of crimes against children Manuscript profile

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39 - The right and duty in the social security system are the law and moral duty of the state
mohammadreza najafabadipour Abolfazl Jafargholikhani tayebe balvardi

(Premium Unification of the employer's contribution rate guild in the social security organization to support Iranian production) There is a link between the right and the duty in the social security system, that is to say, every one has the right to be in charge of it More

(Premium Unification of the employer's contribution rate guild in the social security organization to support Iranian production) There is a link between the right and the duty in the social security system, that is to say, every one has the right to be in charge of it.. The right to social security has been recognized as a fundamental right in order to safeguard the interests of individuals in the individual and social spheres against governments, they are also responsible for implementing this right Islamic Republic of Iran has been formulated in three layers the the social security system in of Of insurance, support, and assistance The social security organization is one of the organizations that plays a fundamental role in the insurance strategy and in the part of the participatory system by paying the premium to the share of employers, workers, and the share of contributions by the government in implementing Article Principle 29 of the Constitution has a fundamental role. The Law on Employee Benefit Exemption has been approved by the employer for 5 people in 1362to support manufacturing, technical and industrial workshops in order to support domestic production, although the number of workshops is reduced every day The purpose of this paper is to express the right and duty for eliminating discrimination, protecting the domestic economy and Premium Unification the premium rate in all workshops. Manuscript profile

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40 - Moral advice and the need to prioritize public rights in the field of permissions and public mines
Seyed Hashem Bathaie Seyed Ali Akbar Taghavian

Morality is a category that has always been present and everywhere, and its flow is a non-mentioned condition in all human activities; Similarly, in the field of contracts and the right to property and the exercise of private rights, morality has a colorful presence and More

Morality is a category that has always been present and everywhere, and its flow is a non-mentioned condition in all human activities; Similarly, in the field of contracts and the right to property and the exercise of private rights, morality has a colorful presence and has serious advice. Therefore, in the field of legal behaviors that are related to the public sphere, law and the right of sovereignty and the general public. Naturally, ethics has presence and advice. The present study examines the exploitation of people's rights and privileges, as well as public mines, which naturally have a lot to do with public law, and moral advice will impose restrictions. It discusses the right of individuals to own property in the private sphere, describes it in a descriptive way, and discusses the library's methods and tools, and achieves innovative and good results in this regard, and answers several questions and ambiguities in this regard. It has been found that individuals are exploited in the realm of permissiveness and reed The public mines are not absolutely free and open, but have a number of limitations, including in the area of ethical advice. Manuscript profile

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41 - Investigating the Position of Women's Rights in the Citizenship Bill with an Emphasis on Women's Political Rights
Arezoo Hosseinieh Ali Hajipour Kanderud

Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is More

Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is to investigate and analyze the level of attention to women's citizenship rights in the context of the Citizenship Charter. The above study shows that women's citizenship rights are accepted in the Charter of Citizenship to an acceptable extent, but there is no guarantee of proper implementation on the one hand and some practical challenges and on the other hand desirable and realistic research of women's rights in Iran with serious obstacles. Is facing Manuscript profile

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42 - Violation of author's rights in cyberspace and its moral implications
Mohammad shakori Nejad Ali Almasi

In Islamic mysticism, one of the most important rights of individuals is the trusteeship and protection of the rights of the parties. One of the most important rights of authors is their moral rights. Nonetheless, law-enforcement works worldwide have become increasingly More

In Islamic mysticism, one of the most important rights of individuals is the trusteeship and protection of the rights of the parties. One of the most important rights of authors is their moral rights. Nonetheless, law-enforcement works worldwide have become increasingly cyberspace. Works such as films, recording and display of music and scientific texts, can be sent to all over the world, and in today's world, more mystical study is required. Duplication of works in databases located in foreign countries and publicly available intellectual works by online service providers is one of the greatest legal challenges. The violations of moral rights of the author, regardless of their mystical levels, can be carried out continuously in different countries. Because digital access to the digital universe is possible and makes it possible for recipients and traffickers of intellectual works to do so, it is very difficult to locate the works of art and art there where they are produced, reproduced or violated. In international documents, the determination of the competent court has been made to determine where the violation of moral rights has been committed. But it seems that this criterion is ineffective due to the crampiness of the cyber space, and also needs to be further explored in Islamic mysticism. Therefore, in this paper, using a library research methodology based on the place of activity of Internet service providers, a new criterion for determining the competent court and its explanation in Islamic mysticism is presented. Manuscript profile

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43 - Investigating the Moral Challenges of the Right to Silence of the Accused in the Iranian Legal System
Seyed Alireza Mousavi Masoud Ghasemi Mohammad Javad Jafari

One of the most obvious rights of the accused, which is considered in international documents and legal systems, as well as in the Iranian legal system, is the right of the accused to remain silent at various stages of the proceedings. It has been disputed that some con More

One of the most obvious rights of the accused, which is considered in international documents and legal systems, as well as in the Iranian legal system, is the right of the accused to remain silent at various stages of the proceedings. It has been disputed that some consider the observance of the right to silence to cause delays in the trial, the escape of the accused and professional perpetrators from the grip of justice, etc. Failure to comply with the defendant's right to remain silent has provided for an executive guarantee There are obstacles and problems in the implementation of the right of silence of the accused in the various stages of the proceedings in the Iranian legal system, which should be considered as a challenge. Obstacles and Challenges It should not be overlooked. In the following study, descriptive and library methods have been used. The truth is that predicting ethical and legislative mechanisms, judicial, administrative and disciplinary to facilitate the implementation of the right to remain silent at various stages of the proceedings, recognizing solutions to address existing challenges, takes a very useful and effective step to make the criminal justice system fair. Be.. Manuscript profile

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44 - Strengthen lawyer intervention in the preliminary investigation phase From the point of view of subject matter rights and ethical requirements
amir vatani Hossein Aghaei Jannat Makan Mohammad Amin Darvish

In the criminal proceedings, the preliminary investigative phase, considering the features and features of this phase, is of particular importance in the subsequent proceedings, in particular the rights of the accused, and the legal influence of the lawyer in guaranteei More

In the criminal proceedings, the preliminary investigative phase, considering the features and features of this phase, is of particular importance in the subsequent proceedings, in particular the rights of the accused, and the legal influence of the lawyer in guaranteeing and protecting these rights. The presence of a lawyer in the preliminary investigation phase provides both legal and ethical requirements, respecting the rights of individuals, and equipping them with the opportunity to defend and to exercise their rights. The Criminal Procedure Code adopted in 2013 has effective innovations on the right of the accused to have a lawyer in the preliminary investigation stage, and the presence of a lawyer in the supervised phase, unlimited attendance, the right to study and access to the case, and the need to appoint a lawyer. , From the point of view of guaranteed subject matter rights, and obtaining the latest defense of the lawyer, admonition of the lawyer to the interrogator, maintaining the dignity and dignity of the individual, and segregation from the prosecution to facilitate the intervention of the lawyer in the light of ethical requirements, including the most obvious signs of strengthening the intervention of the lawyer. is considered. In this article, about the right of the accused to have a lawyer during the preliminary investigation phase, with emphasis on the drafting of this law, its specific rules and provisions are analyzed and described. Manuscript profile

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45 - Refreshing the dedication of the legal person To the development of ethical institutions
kian fulladi

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal exist More

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal existence, thus giving the person a legal status in the form of the endowment of property. By devoting a legal person, it is possible that every financial item to be deposited in the property of a legal person and that devotion to be developed. In this way, the constraints that limit the scope of the devotions, such as objectivity, will be deleted, without prejudice to the definitive foundations of the concept of devotion, and as a result, by extending the scope of this legal jurisprudential institution, more arenas and individuals will have the opportunity to enjoy the Devotion. The review of the concept of personality and legal personality, as well as legal jurisprudential principles of the Devotion, provides valid credentials for accepting this approach in the legal system of Iran, which have been discussed in this paper. Manuscript profile

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46 - Judicial and Ethical Guarantee of Economic, Social and Cultural Rights in the Legal System of the Islamic Republic of Iran
sadegh asadolahi aliakbar gorji azandiriani Bizhan Abbasi saber niavarani

This study is an attempt to shed light on the government's threefold human right obligations, and how they are guaranteed in the Iranian legal system. The legislator, in its obligation to protection, has taken a desirable step to ensure these rights by establishing pub More

This study is an attempt to shed light on the government's threefold human right obligations, and how they are guaranteed in the Iranian legal system. The legislator, in its obligation to protection, has taken a desirable step to ensure these rights by establishing public courts. In its obligation to respect, the Administrative Justice Tribunal has, to some extent, guaranteed the right of citizens to petition. In its obligation to fulfill to the court's failure to comply with these obligations, it has practically disregarded itself, and the legislator has neglected to envisage an appropriate legal regime by failing to designate a competent judicial body. Therefore, the issue addressed in this study is the extent to which the Iranian legal system has been successful in securing the constitutional welfare rights. Besides, has the legislator, by predicting Article 173 , been able to satisfy the right to petition under Article 34 ? In addition to explaining the judicial guarantees,This study attempts to examine how the Ethical guarantees of these rights derive from the oath of the President in our legal system. And to what extent has this oath been able to move forward in realizing and guaranteeing these rights? This article seeks to answer this questions by collecting data using a descriptive-analytical method. The current paper come to conclusion that by creating a solid legal system, these rights and also ensuring the right to petition citizens can be strengthened. Manuscript profile

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47 - Intrinsic dignity and protection of human personality in the context of the fundamentalization of civil liability rights
امیر نجفی قامت Ebrahim Shoarian Hasan Phashazadeh

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizon More

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizontal relations between individuals and subjects of private law. The Influence of Fundamental Human Rights on Civil Liability Rights, while legitimizing traditional rules, provides the basis for the development or redefinition of certain concepts and, ultimately, the effectiveness of civil liability rights. The purpose of this study is to investigate the effects and results of fundamentalism in the field of civil law and responsibility by descriptive-analytical method. In short, due to the common examples between concepts such as rights related to personality and fundamental rights, such as human inherent dignity, the right to health, autonomy and individual independence, the right to reputation and the need for privacy rooted in individuality. They have human beings, this relationship is two-way and it is much deeper than the relationship between other branches of private law and fundamental law, while there is a kind of overlap between the two. Legislation based on inherent human dignity and normative values, interpretation of existing laws based on justice and fairness, protection of legitimate rights and interests, redefining the concept of fault, full compensation and development of claimable damages, including the fundamental effects of this branch of law. It is private. Manuscript profile

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48 - Investigating the place of moral values in alimony and the feasibility of abolition of alimony in Iranian jurisprudence and law with a comparative study of American law
Fakhr Afagh Hamidi Seyed Ahmad Ali Hashemi Hossein Naseri Moghaddam

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the oblig More

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the obligation of men to pay alimony in Islamic law, given the different characteristics of men and women and the ability of each, is this obligation for men and not women and a moral value is the basis. It was a verdict. Regarding the necessity of the right to alimony, while examining the famous and unfamiliar opinions of the jurists, the lack of specification of the legislator and the unanimous decision of the Supreme Court, we came to the conclusion that as soon as the marriage is concluded, the wife is entitled to alimony and Muscat will not . Regarding the possibility of abrogation of alimony by the wife before concluding the marriage and its obligation, abrogation of this right from a legal point of view will be a valid and ineffective case; However, it seems that abortion after marriage is partially acceptable by the wife and does not interfere with the validity of the marriage and the legislative interests. In American law, although the issue of revocation of rights is not the same as in our law, alimony is a reciprocal obligation of the couple that not only does not expire during the cohabitation, but can also continue for each couple after the divorce. Unless the spouses agree or do not demand from each other, in such a case, according to the rule of the principle of will and the absence of the legislator in the personal relations of the spouses (except in cases of disagreement) the agreements of the parties will be valid. A comparative study of the differences in the field of alimony found positive cases in the American legal system and suggestions were made to amend the laws. Manuscript profile

Open Access Article

49 - Examining the Role of Religious Beliefs in Protecting the Rights of Women Focused on Family Protection Law
Nafiseh Nekouie Mehr Atefeh Hosseini Far

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and m More

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and men natural rights not the same rights. However, Islam does not oppose the equality between women and men but it opposes the similarity of their rights. The constitution of the Islamic Republic of Iran has set a high status for women, and in this connection the government is obliged to observe women's rights in all respects according to Islamic standards and guarantee the full rights of all persons, including men and women, and equality of the law of the Supreme Court has been emphasized. In accordance with the Islamic rules governing the country, the current paper examines the new law on the protection of the family adopted in 2013, for the protection of women's rights, as well as three important issues that directly address the challenges of women's rights. The main question of the current paper is whether this law has taken a more effective step towards the stability of the family, rather than the previous law, and has been responding to the question and has also examined the compliance of this law with the Iranian religious beliefs. Manuscript profile

Open Access Article

50 - The conceptual model of realism Emphasizing the political thought and behavior of Imam Ali
Abbasali Rahbar Mahmoud Shariati

The relationship between religion and politics in the thought of Imam Ali has been an ontological and consistency column of the relationship between society and government. However, this framework, in symmetry to the pattern of realism in the intellectual system of Imam More

The relationship between religion and politics in the thought of Imam Ali has been an ontological and consistency column of the relationship between society and government. However, this framework, in symmetry to the pattern of realism in the intellectual system of Imam, is, as a concept, effective in creating legitimacy, participation, and advancement in the political system that can be planed, understood and labeled. In the framework, the process of conceptualizing realism by relying on rationality in two levels of thought, with emphasis on concepts such as human dignity, the right to choose people, the implementation of justice and the necessity of the state; and at the level of behavior with an emphasis on the political action of the Imam in determining the caliph, Adoption of arbitration and coexistence with religions will be formulated. This paper tries to achieve two important goals by applying Skinner's interpretation theory: On the other hand, the concept of realism can be understood in the thoughts and behavior of Imam Ali and, on the other hand, the effectiveness of realism in the balance of the part and the coherence of social forces are measured. Obviously, achieving these goals involves the implementation of a range of concepts and subjects. As a result, it is important to understand the framework of the discussion of the plan. 1) Attachment of Realism to Rationality 2) Relevance of Realism with Ideal 3) Conceptualization of Realism 4) Positioning of the environmental conditions and social contexts of the target. Manuscript profile

Open Access Article

51 - Belief and Legal Context of Protecting the Citizenship Rights of the Bank to the Iranian Administrative System
Moein Sabahi Garaghani Abolfazl Ranjbarie Gholam Hossein Massoud

The administrative system faces many problems and, in practice, is in turmoil. One of the main reasons for corruption in the country is the presence of anomics (maladaptation) in different administrative departments. Administrative system abnormalities provide opportuni More

The administrative system faces many problems and, in practice, is in turmoil. One of the main reasons for corruption in the country is the presence of anomics (maladaptation) in different administrative departments. Administrative system abnormalities provide opportunities for committing crimes or corruption in the offices. One of the most effective methods of administrative health is the implementation of the Citizenship Rights Charter It prevents the creation of corruption opportunities for individuals, especially in the departments, and will also help to respect the rights of the nation, most notably administrative and economic rights. The main question of the present research is that the areas of belief and law, the implementation of citizenship rights are derived from the basic components and values of the administrative system? By deliberating in the books, articles and legal documents related to this study, it was found that the most important of these citizenship rights are: the right to equality in the protection of the law and the enjoyment of opportunities and facilities, the right to freedom and respect for the citizen, the right to proportionate, wise, The precise and diligent conduct of the state, the right to uninterrupted and timely public services, the right to transparent government and the freedom of information, the right to guarantee and respect for rights and legitimate expectations, the right to a responsible government, the right to a healthy state and the prohibition of abuse of power, The right to an intelligent government conforming to technology and knowledge of the day, the right to participate, the right to an efficient and effective government and the right to responsibility And fulfill the legal obligations of the state. Manuscript profile

Open Access Article

52 - A Comparative Study of the Idea of Islamic Government in the Works of Abdolkarim Soroush and Mohammad Taqi Mesbah Yazdi
seyed mohsen ahmadi abbas Salehi Najafabadi qhasem Torabi

Familiarity with the ideas of thinkers provides the path for development of knowledge of their ideas in society both among the laity and the experts. The goal of the present article is the comparative study of the ideas of Abdolkarim Soroush and Mohammad Taqi Mesbah Yaz More

Familiarity with the ideas of thinkers provides the path for development of knowledge of their ideas in society both among the laity and the experts. The goal of the present article is the comparative study of the ideas of Abdolkarim Soroush and Mohammad Taqi Mesbah Yazdi on Islamic government. Having provided , the ideas of these two thinkers as regards Islamic government in general and also as their intellectual dispute are delineated. The most important issue in this article is that what are the ideas of these two Muslim thinkers regarding the essence and philosophy of Islamic government? We have also debated the details of their ideas in order to provide a dependable account of them. This essay is based on hermeneuetical method. Through the study, the works of Soroush and Mesbah Yazdi as regards Islamic government have been compared. The methodology is librarary based and the result shows that the ideas of these two thinkers have their origin in the same intellectual origin though they have become divided in the course of time. This article can be helpful in the analysis of the works and ideas of other Muslim thinkers on Islamic government Manuscript profile

Open Access Article

53 - 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

54 - Explaining and criticizing of the concept of right in Modern Philosophy Based on Islamic Based on Islamic Transcendental Philosophy
Mohammad Mahdi Gorjian Arabi Reza Azarian

The concept of right is one of the most widely used words in various Knowledge such as philosophy, theology, jurisprudence, law, politics, mysticism and ethics. This concept can be examined from two main perspectives. The first is the real and descriptive dimension of t More

The concept of right is one of the most widely used words in various Knowledge such as philosophy, theology, jurisprudence, law, politics, mysticism and ethics. This concept can be examined from two main perspectives. The first is the real and descriptive dimension of the concept of right which is discussed in the real sciences and the second is the normative and credit dimension which is of particular use in the Humanities and social sciences. Although the distinction between "being right" and "having right" and the distinction between the nominal and nominal uses of the concept of right clarifies the boundary between truth and validity between the real sciences and the credit sciences, the monopoly of the discussion of truth in its modern sense (right). In the philosophy of modern right philosophy, as one of the redundant philosophers, it will give exclusive attention to the modern philosophical view and neglect of the idea of transcendent wisdom and pure Islamic belief in this debate. In examining the philosophy of right in the modern sense, we examine the concept of right in the idea of transcendent Philosophy as a deeply held belief in its real and credit aspects, and then critique the concept of right in modern Philosophy .The research method in this study is analytical and descriptive. Manuscript profile

Open Access Article

55 - Evaluation of International Property Rights Index in Iran and MENA Region
Saeed KiyanPour

10.7508/jstpi.2015.01.005

Today, access to more efficient private sector and improvement in business environment to provide the requisite context for active economic entrepreneurs' activity is considered as an economic strategy by different countries in the world. In this paper, we will study th More

Today, access to more efficient private sector and improvement in business environment to provide the requisite context for active economic entrepreneurs' activity is considered as an economic strategy by different countries in the world. In this paper, we will study the ownership rights in MENA (Middle East and North Africa). This index indicates that Emirates with a score of 6.9 in Index LP, Israel with a score of 7.3 in Index LPR and Bahrain with a score of 8.1 in Index PPR are ranked first. Also in overall IPRI Index Qatar with a score of 7.3 is in the first place and Iran with a score of 4.3 is considered one of the last countries. The reason of deterioration and drop of 0.1% in Iran is related to political stability. Generally, Iran has the worst performance in the areas of political stability and the protection of patent and copyright. Authority of statue and juridical independence do not change compared to previous year, while control of corruption has decreased slightly and physical ownership right with a score of 5.5 is the strongest index for Iran. Manuscript profile

Open Access Article

56 - Investigation the Effect of Intellectual Property Rights on Export
Abolfazll Shahabadi Farimah Rahimi

Different levels of knowledge and technology among countries play a key role in describing the development gap between them. Hardware-based technology comprises equipment and machinery and software-based technology is an outcome of human intellect. The latter is protect More

Different levels of knowledge and technology among countries play a key role in describing the development gap between them. Hardware-based technology comprises equipment and machinery and software-based technology is an outcome of human intellect. The latter is protected by intellectual property rights. Protection of patents and inventions within the intellectual property framework plays a significant role in trade development of countries; because new ideas that their properties have been protected can create or strengthen competitive advantages. In this paper, we investigated 0the effect of protection of intellectual property rights on the export of Group 15 member countries during 1995-2007. The index of patent applications is used as an indicator of the level of protection of intellectual property rights. The effect of protection of property rights to export has been surveyed directly and through other variables such as GDP, foreign direct investments and Research and development expenditures. The results indicate that extensive protection of intellectual property rights in the domain of common needs for Group 15 members will provide suitable conditions for increased investment in R&D activities, foreign direct investment, competitiveness power and increasing the exports, especially high-tech exports, if the conditions for application of this patent is provided, then the protection of property rights will be effective on the export, directly of through other variables. Manuscript profile

Open Access Article

57 - The Effect of Intellectual Property Rights on Income Distribution in MENA Region Countries
Abolfazll Shahabadi Sara Sarygol

The issue of income distribution and inequalities of it has been the topic of discussion in many societies. So always try to be the factors that cause variation in the distribution of income can be identified. If you can identify the factors affecting the distribution o More

The issue of income distribution and inequalities of it has been the topic of discussion in many societies. So always try to be the factors that cause variation in the distribution of income can be identified. If you can identify the factors affecting the distribution of income in order to achieve the goal of achieving sustainable development and social justice. Since the notion of concepts such as innovation and creativity over the last transaction has been valued and also have been supported as valuable assets, therefore the importance of intellectual property rights in creating and fostering innovation and creative ideas and their effects on intellectual property rights of income distribution in the Mena region countries particularly Iran is reviewed during the period 1995-2005. The study results suggest that the Mena region countries in the Gini index and in intellectual property rights are undesirable. Intellectual property rights have two different effects on income distribution: on the one hand, with the support of creativity and innovation to create productive employments, increased productivity and generated wealth through science and technology can improve the income distribution and on the other hand the income distribution is worsening perhaps due to the increased prices of goods, services and technologies resulting from its monopoly. Manuscript profile

Open Access Article

58 - The Emergence and evolution of Japanese system of Industrial Property Rights
Parisa Riyahi

The influence of the intellectual property rights on the innovation and economical performance is of a complicated type and it is necessary to be precise while designing the IPR system which might be applicable for the economic development as an effective instrumental p More

The influence of the intellectual property rights on the innovation and economical performance is of a complicated type and it is necessary to be precise while designing the IPR system which might be applicable for the economic development as an effective instrumental policy. While designing such systems, different countries go through different paths depending on the local context and the global environment. Thus, comparative assessment and benchmarking is widely used in most studies of policy-making. This article deals with case study evaluation of evolution procedures of IPR in Japan and at the end, it encompasses some suggestions for strategic design of this system in Iran. Japan has greatly benefited from its preliminary phases of development of the IPR. Technological learning in Japan has been established in support of a fragile system of IPR. This system paved all the way for absorbing innovation and beyond boundaries knowledge by the local firms. Some initiates such as “profitable models" and “the industrial designs” not only developed the patent culture in this country, but also it turned into a strong driving force for the incremental innovations and partial improvements based on the foreign ones. When the technological capabilities of the local agencies increased, and the firms were requesting for a stronger protective regime for their own inventions, Japan intellectual property rights system was reinforced in such a manner that presently it is considered as one of the most strict and complete IPR systems in the globe. Manuscript profile

Open Access Article

59 - A Survey of Intellectual Property Rights on Foreign Direct Investment in D8- Countries
Mohammad Hasan Fotros Abolfazl Najarzadeh Abadi

Intellectual property rights have a prominent role in long-term economic growth of the countries. In recent years International institutions such as WTO (World Trade Organization) and World Intellectual Property Organization (WIPO) have suggested to their member countr More

Intellectual property rights have a prominent role in long-term economic growth of the countries. In recent years International institutions such as WTO (World Trade Organization) and World Intellectual Property Organization (WIPO) have suggested to their member countries the provision and the fortification of these rights. The existing gap between developed and developing countries in the field of property rights systems is also a distinguishing factor that affects the level of foreign direct investment and the flow of private international capitals. The present article by an index analysis of the data within the period of 1985-2005 of D8 countries investigates and compares the role of intellectual property rights on the foreign direct investment in these countries. The main question is that whether the protection of intellectual rights has a positive effect on foreign direct investment in the D8 group countries or not. The results of this survey indicate that the relationship between intellectual property rights and foreign direct investment varies according to the infrastructural capacities and the level of development of these countries. Manuscript profile

Open Access Article

60 - Investigating the Challenges in the Laws and Rights of Intellectual Property in Commercialization of Biotechnological Goods
Sohrab Aghazadeh Kamyar Ghaforian atiyeh safardoust Mahdi Ojani Mohammad Naghizadeh

10.7508/jstpi.2016.03.003

The lack of unified laws and regulations regarding intellectual property rights and how to give it to innovations, inventions and patents on living organisms is one of the challenges in developing countries. The aim of the current research is to investigate the challeng More

The lack of unified laws and regulations regarding intellectual property rights and how to give it to innovations, inventions and patents on living organisms is one of the challenges in developing countries. The aim of the current research is to investigate the challenges in the laws and rights of intellectual property on commercialization of biotechnological products in Iran. We have chosen mix method to conduct this study. In the qualitative part of the research in order to figure out the main challenges in the laws and rights of intellectual property, by using the literature review and interviewing 11 active Expert or not to implement them in the field of commercialization, the main challenges have been presented. In the quantitative part, the questionnaire related to the challenges of the rights of intellectual property have been distributed among 21 researchers in the field of biotechnology who are also familiar with the laws and rights of intellectual property,and by using confirmatory factor analysis, one sample T test and freedman test we studied the challenges and its ranking in the field of biotechnology. The findings show that the main challenges in laws and rights of intellectual property in the field of biotechnology are: the current obstacles in the part of the intellectual property of the projects, Lack of some rules, standards and policies or not to implement them and the high rate of dependency of the companies to the protection of patents. Manuscript profile

Open Access Article

61 - Effective Factors for Iran's Proper Entry into the World Trade Organization
Hamid Hanifi

10.7508/jstpi.2018.01.007

Joining to the World Trade Organization is one of the dimensions of globalization and will improve free trade. In order to prevent the abuse of this free trade, additional laws and agreements should be attached to the WTO rules. One of them is the TRIPS Agreement that i More

Joining to the World Trade Organization is one of the dimensions of globalization and will improve free trade. In order to prevent the abuse of this free trade, additional laws and agreements should be attached to the WTO rules. One of them is the TRIPS Agreement that is about the Intellectual Property Rights. Intellectual property rights consist of rights derived from intellectual creativity in the fields of science, industry, literature, art that arise from the knowledge and art or creativity of the creator. But, the laws of the WTO and intellectual property rights, despite their advantages, also have deficiencies. Considering that Iran is a member of the World Trade Organization's viewer, and in the near future or later will become as a final and definite member, therefore, during this time, it is necessary to provide the preliminaries of attendance. Thus, in this paper, some factors have been extracted that are effective in preparing for Iran's presence in the World Trade Organization. To do this, first, articles about the Intellectual Property Rights and also World Trade Organization were extracted and then, related articles were separated and analyzed with these two titles. In the next stage, considering the analysis of the selected articles reviewed, and having a relationship between some variables together, and their combination with expert's opinions, some important factors of these two items were categorized. Finally, Whereas these factors were considered as effective factors in the World Trade Organization and Intellectual Property Rights, some suggestions were made about them that strengthened these factors, which ultimately leads to readiness before entering the World Trade Organization. These factors were classified into two groups: 1) The factor of intellectual property rights whose sub-factors are: a) Motivational Factors, b) Connections Factors, c) Intellectual Property Rights Factors, d) Technology Transfer Factors, e) Market Factors, f) Public Interest Factors, g) Factors related to the Human Rights interactions with the Intellectual Property Rights. 2) The World Trade Organization whose sub-factors are: a) Infrastructural Factors, b) Regulatory Factors, c) Factors related to the Internal Challenges, d) Imitative Factors, e) Incentive Factors, f) Pre-reform Factors, g) Legal Factors. Manuscript profile

Open Access Article

62 - Review the Status of Intellectual Property Rights in Joint Research Projects and Consortiums
elahe bazrafshan mehdi goodarzi

10.52547/jstpi.20791.16.63.32

Today, the use of joint research and development has facilitated technological progress, which has led to the production of new products, processes and services for the market. In order to protect these achievements, intellectual property rights in international technol More

Today, the use of joint research and development has facilitated technological progress, which has led to the production of new products, processes and services for the market. In order to protect these achievements, intellectual property rights in international technological cooperation as well as collaborative research projects between the private and public sectors, especially in the field of patents, have become twofold important. Intellectual property plays an essential role in promoting this type of collaboration between the university, industry and government and plays a complementary role in technology development. But a look at Iran's intellectual property policies in joint research projects and consortiums in the past shows that there is no coherent and complete framework for intellectual property arising from these collaborations, so the main purpose of this study is to examine the role of intellectual property rights in joint research projects and consortiums and political advice to those involved. This research is a review of the literature and uses a library methodology and in-depth study of available literature and articles and internal and external books on intellectual property and joint research projects, and specifically on model agreements in the Consortium of Europe and the United Kingdom, and finally a model agreement has been proposed to managers and policy makers active in the field of science and technology development in Iran, given that such agreements are less visible. Manuscript profile

Open Access Article

63 - Position Of Intellectual Property Rights In The Support And Development Of Nanotechnology
Ehsan Kalantari Maybodi

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and produc More

Intellectual property is a right that gives its owner the exclusive benefit of human activity, thought and initiative, which itself is divided into various branches such as literary and artistic property rights and industrial property. Compared to other goods and products, the product of human intelligence has four characteristics: 1- First, it is a direct result of the work of human thought; 2- Second, this product falls into the information category; 3- Third, this smart product is not wasted by consumption; 4- The fourth is that it is easily supplied and can be reproduced. These features make the owner of such a product can not control its use and is easily lost. In fact, the economic value of an intellectual creation is due to its rarity and scarcity that if a number of people do not support and achieve it and exploit and use it, the mentioned value will be lost or at least reduced. In the legal system of Iran, several laws have been passed regarding the protection of intellectual property, which are very incomplete and rudimentary in comparison with international laws and need to be amended and supplemented. Nanotechnology has created new legal issues in the field of rights and intellectual property. Some of these issues may be resolved by existing laws or by controlling and modifying the nanosphere, but we may need to enact new laws to control the nanosphere. Manuscript profile

Open Access Article

64 - The Impact of Deprivation of Rights on Intrinsic Dignity and Human Personality in Civil Rights
Farhad Parvin Hoseinieh Radpasand

Article 959 of the Civil Code deals with the deprivation of rights in general and in Article 960 specifically with the deprivation of rights related to personality. Prohibition of deprivation of liberty is rooted in the inherent dignity and dignity of man. But on the ot More

Article 959 of the Civil Code deals with the deprivation of rights in general and in Article 960 specifically with the deprivation of rights related to personality. Prohibition of deprivation of liberty is rooted in the inherent dignity and dignity of man. But on the other hand, the requirement of social as well as family life is the restriction of certain rights and freedoms governing human personality. But partial deprivation of rights is also permissible to the extent that it is not contrary to public order and good morals and does not hurt public feeling. In this article, with the descriptive-analytical method, these findings have been obtained, which guarantees the implementation of the general deprivation of rights related to personality and also its partial deprivation in cases that are contrary to public order and good morals. However, in cases where the deprivation of the right is partial and legitimate, the non-observance of the obligations by the obligor to the deprivation of the right causes his civil liability. Manuscript profile

Open Access Article

65 - 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

66 - 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

67 - 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

68 - Sociological Analysis of Child Rights in Iran: The Scientific and Executive Status of Committee on the Rights of the Child in Markazi Province
Maryam Sha’ban

The present study sought to study the scientific structures and the implementation of child rights in Markazi province, therefore, the level of analysis is at the macro and structural levels, in such a way that all programs, actions and structures in relation to salarie More

The present study sought to study the scientific structures and the implementation of child rights in Markazi province, therefore, the level of analysis is at the macro and structural levels, in such a way that all programs, actions and structures in relation to salaries The child was identified in Markazi province and then analyzed using the library-based document analysis method. The purpose of the research was to identify the strengths and weaknesses of scientific and executive in relation to child rights in Markazi province and ultimately to provide a solution for policymakers to improve the status quo. The lack of a definite definition of the "child" and "childhood" in Iran and the scattered petty culture in the provinces, such as the Markazi province, and the gap between the definitions of various institutions, including the institution of religion, law and law, in addition to the non-conformity of each with Popular culture, the lack of power for prescribing and policy for the children's rights committees, such as the central governorate, the system of denial of child support programs and the assignment of children's rights in the province to the Chambers of Ladies and Family Governorates have led to the second priority of children's rights programs in provinces such as central province. As a result, all of these cases have led to barriers to improving the status of children's rights in Iran at the macro level and in the central province at a lower level. Manuscript profile

Open Access Article

69 - 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

70 - Prohibition of Child Pornography in the Context of International and Domestic Documents
Mohammad Hossein Jafari Elaheh Parsa

One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in se More

One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in sexual images is pornography, which is conducted through a variety of media including magazines, cartoons, paintings and animations. Given the irreparable consequences of this damage to children, countries and governments must take appropriate legal action so that this can be done to some degree from the destructive effects of this vulnerable group. Child pornography has been banned and sanctioned in most countries of the world and in international documents and treaties that have been concluded between countries. In domestic law, although it has not explicitly referred to pornography, but it has been declared illegal by numerous instances in several laws, and it has been punished for the offender, but it should be noted that the drafting of the law in this The field is not the only solution to eliminate this crime and to eliminate its effects, but the government must inform the people and families and children. Manuscript profile

Open Access Article

71 - 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

72 - 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

73 - Dimensions of Legal Liability in Malapropos Cesarean in the Light of the Fundamental Rights of the Fetus
Mahmoud Abbasi Meysam Kalhornia Golkar

Background and aim: Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if More

Background and aim: Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if left unaddressed, will become a moral norm and difficult to deal with legally. Method: This study conducted to a descriptive - analytic study that examines the basics and dimensions of legal liability arising from Malapropos Cesarean. Results: Malapropos Cesarean Because of the disruption to the child's natural birth process and putting him at risk can be regarded as a violation of the basic and fundamental rights of the child including the right to life and the right to health and in particular fetal right to spend a full period in the womb. Accordingly, jurisprudential, ethical and legal considerations of this social phenomenon indicate the possibility of professional, civil and criminal liability for physicians. In addition, parents should be involved in the practice of physicians’ violation. Conclusion: Due to the lack of victim power for the action and the consent of the parents and the physician to intervention in the delivery process, the legal prosecution of Malapropos Cesarean faces obstacles. Accordingly, it is necessary, within the framework of the health law system, emphasizing on the public aspect of Malapropos Cesarean, while applying current laws, as well as regulatory, along with dealing with offenders, would be considered necessary measures to avoid health centers from performing this surgery. Manuscript profile

Open Access Article

74 - An Analytical Study of Important Cultural Factors Deterring Child Sexual Abuse Disclosure
Arian Petoft

Nowadays, one of the most known types of violence against children around the world is child sexual abuse, which is typically a reflection of the causes of social problem. The customs and traditions of society sometimes make the people to conceal sexual violence against More

Nowadays, one of the most known types of violence against children around the world is child sexual abuse, which is typically a reflection of the causes of social problem. The customs and traditions of society sometimes make the people to conceal sexual violence against children. Many cases of sexual abuse have not been reported due to concealment and fear of being exposed, and its deleterious effects on children remain concealed. As one of the most dangerous forms of violence against children is their sexual abuse, it is important to examine cultural normative factors and can help us in pathology and in providing appropriate solutions. Therefore, the present article seeks to answer the key question of what cultural norms can make us to conceal child sexual abuse cases and consequently facilitate and increase sexual violence against children and adolescents. Understanding the values generally held by people of a particular culture allows us to eliminate the social barriers to disclosing child sexual abuse. Overall, this article found that the important cultural factors are: family honor and dignity, chastity, gender discrimination, high costs of disclosure, traditional and racial difference, deviant religious beliefs and non-effective adherence to reasonable cultural norms. Manuscript profile

Open Access Article

75 - Reflection on the Relationship between Education and Child Rights
Amene Aali

The wide range of legal implications of the International Convention on the Rights of the Child (CRC) have made it closely linked to various child-related social institutions and activities. One of the most important institutions or social activities that most children More

The wide range of legal implications of the International Convention on the Rights of the Child (CRC) have made it closely linked to various child-related social institutions and activities. One of the most important institutions or social activities that most children are exposed to on a daily basis is education, which is important in examining its relationship to children's rights. Accordingly, this paper presents an interpretative model of the multiple relationship between the education system and CRC with an overview of theoretical texts and research reports in the literature on child rights and implications for evaluating school performance from the child rights perspective. According to the results of this study, there is a three-way relationship between education and children's rights: education is a child's right; school is a tool for observing children's rights; and education is a subject of children's rights monitoring. The third aspect of this relationship emphasizes the need to evaluate school performance from a child rights perspective. Among the 41 articles on CRC, the right to participate, non-discrimination, defense and litigation, protection of violence, the best interests, privacy, freedom of expression, and security are fundamental rights that can be used as criteria for assessing The school's performance is in observance of children's rights and in compliance with CRC. Manuscript profile

Open Access Article

76 - Protection of Right to Life of the Child in Viewpoint of Islam and International Instruments with a Look at the Children of Yemen
Mahdi Rahmani Fatemeh Piri Amirhajiloo

The right to life is the most important right of any human being, especially the child. This right is the cornerstone of all human rights and any violation of it is a gross and grave violation of fundamental human rights. According to the teachings of Islam and many Int More

The right to life is the most important right of any human being, especially the child. This right is the cornerstone of all human rights and any violation of it is a gross and grave violation of fundamental human rights. According to the teachings of Islam and many International Instruments, the child, as a human being, has the right to a decent living and life under any circumstances. Today, with armed clashes waged by global arrogance to achieve their economic and political interests in some countries, including Yemen, the inherent rights of children, including the right to life, the right to health, the right to education, have been clearly threatened and violated and every year thousands of Yemeni children die as a result of these clashes. Theis study is a descriptive-analytical and comparative study that examine the fundamentals of the right to life of child in Islam and international Instruments and the effects of armed conflict on child rights. In addition, the right to life of children in Yemen has been discussed and stated that it is essential for all people, national and international institutions and governments to provide mechanisms to secure this right and prevent violence against children in armed conflict. In addition, it is imperative that those who endanger the life of children in armed conflict be charged with war crimes, prosecution, trial and punishment. Manuscript profile

Open Access Article

77 - Evaluation of the Right to Oral Health of a Child and its Realization on the International Stage
Aghil Mohammadi Aghil Mohammadi Abdosaheb Niknam

Health is one of the most important human rights. The right to oral health is one aspect of this right and an integral part of public health pertains to the disease-free status and chronic pain in the mouth, face and throat. Among the human groups, children are the most More

Health is one of the most important human rights. The right to oral health is one aspect of this right and an integral part of public health pertains to the disease-free status and chronic pain in the mouth, face and throat. Among the human groups, children are the most vulnerable to various health threats, and therefore international instruments, in particular the Convention on the Rights of the Child (1989), emphasize the right to children's health. Oral diseases are among the factors that seriously affect this right. These diseases not only cause pain, but also affect the eating, speaking and quality of life, inner and social self-esteem of the child. Based on a descriptive-analytical approach and in the light of an overview of the international law approach to the right to health and the right to oral health and the explanation of children's rights in this field, the present paper addresses the question of the right to oral health and what is the position of child in oral health? This paper concludes that, despite the particular importance of children's oral health and the achievement of important results in this area, Oral diseases continue to be widespread among children and the right to do so is faced with many obstacles and limitations. In addition to international institutions, it is essential that states, along with global health programs for all, are targeted and organized, in particular to prevent these diseases and improve access to primary health care. Access to health information around the world, the use of new technologies, regular and annual reports by states on children's oral health can help promote the right to children's oral health. Manuscript profile

Open Access Article

78 - The Necessity of Recognition and Support of Children Right to Happiness in Domestic and International Legal System
Reza Fanazad Ramin Poursaeid

The increased human beings experiences and improvements have direct effect on social and legal developments. As a sample, the classic rights such as the right to life and the right to body immunity are counted as obvious and normal rights. The less-known rights have bee More

The increased human beings experiences and improvements have direct effect on social and legal developments. As a sample, the classic rights such as the right to life and the right to body immunity are counted as obvious and normal rights. The less-known rights have been appeared in both internal and international law. The right to happiness with emphasis on child happiness is one of these new phenomenons. This right obtains its situation as a new generation of developing factors by some countries. The authors search and explain by library-based studying method on the concept of happiness in philosophy, theosophy, morality, literature and religious jurisprudence. Then, (facts) and (norms) about joining of children happiness and legal system are discovered. The results show us non-governmental organizations and governmental ones such as teaching and cultivation ministry or Institute for the intellectual development of children and young adults in spite of their advantageous services are far from their real missions. It may because of no priority of happiness for politicians, absence of consistency between policy and relative administrators, some cultural and economic challenges, etc. This article has submitted some suggestion to solve the obstacles in accordance with available circumstances. Manuscript profile

Open Access Article

79 - 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

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80 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad Nourian

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a More

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile

Open Access Article

81 - Study of Social Rights and Rehabilitation of Children with Disabilities in International instruments and Iranian Laws
Manuchehr Tavassoli Naini Minou Tabatabaie Raheleh Jagir

Attention to the issue of children with disabilities and the necessity of rehabilitation for regaining maximum possible extent of their abilities was initiated in the mid-19th century; this trend continued with ups and downs until attention to the rights of disabled per More

Attention to the issue of children with disabilities and the necessity of rehabilitation for regaining maximum possible extent of their abilities was initiated in the mid-19th century; this trend continued with ups and downs until attention to the rights of disabled persons reached its pinnacle at the beginning of the new millennium through the enactment of the Convention on the Rights of Disabled Persons in 2006. Meanwhile, the issue of social and rehabilitation rights of the Children with disabilities is also of utmost importance. One of the important issues that make social rights and rehabilitation of persons with disabilities more particularly relevant is the different circumstances in which the disabled are placed and throughout history this difference has caused them to be deprived of their rights. In the recent century, with condition of various laws, organizations in many countries and many international bodies have taken effective steps through legislation with respect to disability rights; and countries through adopting these laws, of which the Convention on the Rights of Persons with Disabilities is the most important; have accepted the rights of the disabled. However, it is noteworthy that the basis of this legislation and how to implement it is of utmost importance; whether the laws are implemented thoroughly or just being written on down. Unfortunately, the interval between codification of the law and its administration in developing countries such as Iran a huge gap is noticeable and there is a long way to go to meet the international standards. Manuscript profile

Open Access Article

82 - Principles Governing the Child's Right to Health in the International Human Rights System
Zahra Ebrahimi Zahra Moshrefjavadi

Children as the recipients of the right to health and the future of any society need the support of the government, their parents and legal guardians while entering adulthood. The Convention on the Rights of the Child has referred to the issue of child health in several More

Children as the recipients of the right to health and the future of any society need the support of the government, their parents and legal guardians while entering adulthood. The Convention on the Rights of the Child has referred to the issue of child health in several articles and the Committee on the Rights of the Child has called on governments to consider childhood conditions and children's evolving capacities when fulfilling their obligations toward them. Thus, the Convention on the Rights of the Child has four core principles that underpin all children's rights: the right to life and survival, non-discrimination, the right to be heard and consideration of child’s best interests such as all human rights. Since children's right to health is a general right and encounters various challenges from the time of birth and even before that to adolescence, some principles are added to the basic principles in order to supplement the content of their right to health and complete them. The right to education, protection from abuse and misbehavior and prohibition from harmful practices and threats of the digital world are specific principles governing the definition of children's right to health. Governments need to consider this right of children in all areas and recognize children as individuals possessing rights. Manuscript profile

Open Access Article

83 - Protecting Children against Inappropriate and Harmful Computer Games
Mohammas Javad Arabian Seyedeh Parisa Mirabi Ali Zand

The use of computer games among children is rapidly expanding and it has become an integral part of children's daily lives. These games, with their innovative potential, can provide motivation for therapy, enhance practical skills and facilitate teaching and learning co More

The use of computer games among children is rapidly expanding and it has become an integral part of children's daily lives. These games, with their innovative potential, can provide motivation for therapy, enhance practical skills and facilitate teaching and learning concepts. In addition to the positive aspects, playing these games has negative effects and on the other hand, kids drowning in computer games will lead to earn profits and benefits by the companies that make these games. This study, with descriptive-analytical method using domestic laws and regulations and internationals treaties and other library resources; was carried out to examine the protection of the children's rights from harmful computer games by applying sociological theories; domestic law and international documents and has used descriptive, analytical method aimed to ensure the right to play, enjoy and entertain. The present study was conducted aimed to examine the benefits and disadvantages of computer games to express legal requirements and protections and protect users from harmful effects of these games. Manuscript profile

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84 - Data Credibility and Electronic Records in The Face of Rights of the Child in Cyber Space
Mostafa Mandegar Reza Zareie Masoud Reza Ranjbar Sahraei Merhzad Razmi

After the emergence of innovative information technologies and them casting a shadow upon people’s lives, the effects of this gift on many aspects of individual and social life will become apparent and its domain will expand to an extent that some Pillars of personal an More

After the emergence of innovative information technologies and them casting a shadow upon people’s lives, the effects of this gift on many aspects of individual and social life will become apparent and its domain will expand to an extent that some Pillars of personal and public rights of individuals and nations will be under its sphere of influence. The issue of rights of the child have such great significance that many international documents focus on them and a convention under the name of the Convention on the Rights of the Child has been assembled upon basis of which children in need will receive more protection. Also, anything that would threaten the personal future and reputation of the child needs to be reexamined, because by publishing content in cyber space a proof and document of a an event is created in an endless space in which the deletion of said data is almost impossible; therefore the preservation of dignity and protection of children’s rights in cyber space is a fundamental issue that needs special examination. Thus in this study which is conducted in an analytical-descriptive manner, the focus is on the subject of the right of the children in cyber space by relying on the laws regarding electronic trade in Iran, Convention on the Right of the Child and International Covenant on Civil and Political Rights with focus on credibility of data and electronic records. Manuscript profile

Open Access Article

85 - Right to Food from Perspective of Instruments of International Law with Emphasis to Nutrition Right of Children
Manuchehr Tavassoli Naini Ghazaleh Behzadfar

The right to food is one of the basic and fundamental rights for every person. In order to be able to benefit from other rights, people’s nutritional needs must first be satisfied. Without securing and attending to this right and innate need, a human will not be able to More

The right to food is one of the basic and fundamental rights for every person. In order to be able to benefit from other rights, people’s nutritional needs must first be satisfied. Without securing and attending to this right and innate need, a human will not be able to live and benefit from the rest of human rights. The right to food is not a separate and distinct topic, it's one of the subsets rights of economic and social rights that are recognized under the title of right to adequate standards of living including right to food. The result of this research shows that in addition to the universal importance of right to food and nutrition, children’s nutrition is more important because of their age and health status. Child nutrition as well as other rights, particularly right to education is very closely related. These are the things that turn the right to food into one of the most important human rights that requires attention, infringement on which should be followed up and investigated. Manuscript profile

Open Access Article

86 - The Right to Art and Identity for Children from the Perspective of Persian Poetic Texts (Poems by Hafez, Rumi, Saadi, Ferdowsi, etc.)
Shahriar Shadigou Fariba Parvaneh Mehri Toutounchian

In today's society, the issue of identity is a fundamental issue in childhood, because if we do not pay attention to it, the current and future generations will suffer from imbalance and confusion. The present study aims to investigate the right to art and identity for More

In today's society, the issue of identity is a fundamental issue in childhood, because if we do not pay attention to it, the current and future generations will suffer from imbalance and confusion. The present study aims to investigate the right to art and identity for children from the perspective of Persian poetic texts (poems of Hafez, Rumi, Saadi, Ferdowsi, etc.). The research method is qualitative analysis in the form of library and using the technique of taking notes and using theoretical sources and theory about children's identification According to the obtained results, it can be said that the identification of children in contexts such as family, society and education system is emerging, so its development depends on the development of these contexts. Therefore, when researchers address the issue of child identification, they provide the means for the development of individuals first and then for the development of society. Attention to the rights of children in various dimensions is also in the focus of attention of different societies and religions in the world, so that various laws in this field have always been approved by various organizations and institutions.. Recognizing a child's art, literature, and identity as fundamental rights has an important role in the process of forming his or her identity. Parents are the first and closest reference to the rights of children in all aspects of education and identification, and certainly an informed parent can provide the most and most useful help to his or her child. The study of art in Persian poetry also reveals the influence of art on human mental development, moral development and attention to physical dimension. Manuscript profile

Open Access Article

87 - Children’s Rights in the Urban Rights in Light of Convention on the Rights of the Child
Shahram Salami Mohammad Mazhari

Development of urbanization in the world has made the states confront various challenges in realm of certain rights of citizens, especially children, as far as they need more attention than other citizens concerning their special developmental conditions. However, not o More

Development of urbanization in the world has made the states confront various challenges in realm of certain rights of citizens, especially children, as far as they need more attention than other citizens concerning their special developmental conditions. However, not only the cities are not designed based on the needs of children, they do not offer the least rights to them. Convention on the Rights of the Child is certainly the main legal document for children. Children benefit from different rights that are reflected in the convention on the rights of children; however, this study intends to answer this question that, “What are the rights of children in the urban right area?” The necessity of identifying the children rights in the urban rights is important on that as one of the main pillars of the society, children are mostly subject to most social, economic, health and educational threats and losses. Moreover, as far as identification of the rights of children in cities is emergent at international arena, particularly in Iran, and concerning the efforts of international organizations such as UNISEF on promotion of these rights, the city managers and policymakers are expected to carry out the required action in this area. Based on this, the present study seeks to explain the main rights of children in cities such as non-discrimination, the right of children with disabilities, public hearing, benefiting social security, the right to health, education and playing and pleasure through investigating various economic, social and cultural areas that are effective on the children rights in urban area by collecting data through library method and descriptive-analytical data analysis. It is concluded that although appropriate theoretical actions have been taken by urban institution in Iran, it is obvious that there is a great gap in practice to make children achieve desired status. Manuscript profile

Open Access Article

88 - Analyzing the Situation of Child Rights in the World: Extracting Implications for Iran
Leila Naseri Amene Aali Mahmoud Abbasi

Promoting the well-being of children around the world and defending their rights is the objective of the International Convention on the Rights of the Child, and the countries committed to it, have made extensive efforts to achieve this goal. However, making sure that t More

Promoting the well-being of children around the world and defending their rights is the objective of the International Convention on the Rights of the Child, and the countries committed to it, have made extensive efforts to achieve this goal. However, making sure that this is done requires an evaluation of performance - how well governments adhere to their commitments and how successful they are in enforcing its provisions. In this paper, the status of child rights is based on 20 quantitative and qualitative indicators in five domains. The purpose of this article is to provide an analytical overview of the 2019 evaluation report and to identify implications for improving children's rights performance in Iran. Based on the analysis of the findings and the interpretation of the results of this report, it can be deduced that most countries have followed a similar pattern over the years, but the overall findings indicate a profound gap between the scope of action and international child rights policies in the world. Iran is ranked 100th out of 181 countries, which is not favorable. While in Iran quantitative indicators are above average, but in qualitative indicators related to "enabling environment for children's rights“ the results are very poor. This finding underscores the need to pay attention to proper legislation and enforcement in the country, to determine the best budget available for children's rights, to develop government and civil society cooperation, to focus on child participation and non-discrimination between specific groups. Manuscript profile

Open Access Article

89 - Child Rights and Autism Spectrum (Fields and Plans)
Mahmoud Abbasi Zahra Poursina Meysam Kalhornia Golkar

Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance ca More

Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance caused serious problems for them in normal process of family and social life. The rising trend and tangible growth in the number of children affected in recent years, has sounded the need for targeted actions in the area of autism community health management. One of the most important areas that need to be addressed is the special support for children with autism based on the general principles of child rights and in accordance with the special situation of these children. At the moment, due to lack of health insurance coverage, inadequate diagnosis and rehabilitation facilities, ignoring the right to education and enjoy the conditions appropriate to the situation, necessity of establishing parent guidance and counseling system and support the living standards of children affected in their families and community, all has led serious challenges for those with autism and their families. Accordingly, the theoretical analysis of the principles of child rights with the importance of children with autism seems to be necessary to provide the infrastructure and requirements for securing the fundamental rights of these children especially in two areas of health and education in the domestic system. Manuscript profile

Open Access Article

90 - legislative Criminal Policy in the Iranian Legal System on Child Rights Violations in the Field of Computer Games
Mohammad khorshidi athar

Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is ine More

Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is inevitable. On the one hand, entertaining children due to their strong interest in computer games, and on the other hand, the wide range of such games with large investments to develop computer games in the age group of children In addition to the unhealthy and harmful effects on this vulnerable group has raised many concerns for thinkers. In this study, the criminal policies of the Iranian legal system regarding the violation of children's rights in the context of computer games compared with international documents and from a critical point of view has been evaluated and by perusing the strengths and weaknesses of related laws, the need for comprehensive rules to protect the rights of the child against harming of computer games has been emphasized by formulating an effective differential criminal policy. Method: The method of discussion in this research is descriptive-analytical and the method of data gathering is library. Results: In Iran's legal system, a review of the laws related to the current criminal policy regarding the violation of children's rights in the field of creating, publishing and distributing computer games reveals gaps and defects. Conclusion: By examining the situation of children and their rights against computer games and studying the negative and inappropriate effects of this universal and effective technology on children it is possible to achieve a comprehensive support program containing differential criminal policies against child victimization through the use of computer games. A differential approach to substantive criminal law in the field of child safety in relation to computer games is the role that the legislature can play in protecting children and to prevent the abuse of the rights of this vulnerable group. Manuscript profile

Open Access Article

91 - Dominant Discourses on Childhood and Childhood Studies: A Review of Iranian Society
Maryam Sha’ban

Background and Aim: The current research seeks to identify different discourses in the field of childhood and childhood studies, as well as to discover the dominant discourse on the field of childhood in Iranian society. Method: The method of the research is qualitativ More

Background and Aim: The current research seeks to identify different discourses in the field of childhood and childhood studies, as well as to discover the dominant discourse on the field of childhood in Iranian society. Method: The method of the research is qualitative and was done using document analysis. Results: In this research, after identifying different discourses in the field of childhood from the perspective of thinkers and texts in the field of childhood, the Iranian society have been investigated; The results show that in the Iranian society, among the three discourses, needs, law (legal) and quality of life, in the field of childhood, the legal discourse is dominant. Therefore, the dominant discourse of childhood in contemporary Iranian society is the legal discourse. Conclusion: The dominance of legal discourse on childhood and childhood studies in Iran has led to the creation of structural constraints and popular demands for more legal protection for children. The most important structural and active situation in the discourse of children's rights in Iran is the formation of the national authority of the Convention on the Rights of the Child and the expansion of associations for the protection of children and their rights. Manuscript profile

Open Access Article

92 - The Rights of Delinquent Children and Adolescents in Iran: An Analysis of Four Determining Areas
Maryam Sha’ban Seyed Mohammad Hosseini

This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the More

This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the Child in Islam and the Convention on the Rights of the Child; Then they were analyzed with a qualitative approach and documentary analysis method. The results show that exposure to delinquent children is approximately the same in all four domains. Although the three areas related to Iran and the Islamic world have been centered on Law of Religion, especially Shi'ism, their roots lie in Islamic religion, and against them the Convention on the Rights of the Child as an international matter has been drafted based on the Declaration of Human Rights and the belief in Humanism, but they work very closely on how to deal with child guilty and there are no significant differences between their procedures. Therefore, all four domains regard the child as having no precise decision-making power and consider his/her delinquency a common "mistake" in his/her development. The child should be forgiven as much as possible and his/her error should be ignored; this should also have a corrective and re-interactional aspect to be done within the child's family by the child's parents or legal guardians. Unless child guilty is limited, such as harm to others, which has resulted in violations of the rights of others, all three areas emphasize efforts to minimize penalties and impose penalties for reform and resocialization. the only point of difference is in the definition of the child and the age range that makes the subject different in applying the rules related to child delinquency. Manuscript profile

Open Access Article

93 - 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

94 - 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

95 - The Impact of Coronavirus and Quarantine on the Rise of Child Abuse and their Legal Solution
Muhammad Jawad Abdollahi

The problem of child abuse throughout the world is considered to be one of the social problems which are rooted in the improper attempts taken by parents and other members of a society in this regard. Following the outbreak of coronavirus and the beginning of quarantine More

The problem of child abuse throughout the world is considered to be one of the social problems which are rooted in the improper attempts taken by parents and other members of a society in this regard. Following the outbreak of coronavirus and the beginning of quarantine period, all aspects of life have been affected, one of which is the rise of child abuse. As a matter of fact, children are prone to undergo such threat. The present article is an attempt to follow a descriptive- analytic approach based on library sources and study the impact of coronavirus on the rise of child abuse and also seek to sort out certain legal solution in order to protect children rights. Manuscript profile

Open Access Article

96 - The Sociological Study of the Implications of Cultural the Apartments Life in Iran (Stressing Tehran)

Coincide with the development of modern urban life and to bring one's own culture in community life, culture and traditional life has undergone many change and evolution in come. Development of appartement,s life as an important symbols and indication of new urban life More

Coincide with the development of modern urban life and to bring one's own culture in community life, culture and traditional life has undergone many change and evolution in come. Development of appartement,s life as an important symbols and indication of new urban life, with its cultural implications of intentionally or unintentionally income a lot. This may suggest a positive from the perspective of us or not, but what is definite this kind of life, a lot of impact in the sphere of the culture of the people's lives from the apartment, sometimes accepted by some segments of society is also. This research sought to explain the cultural implications of community life apartment life. In part of theoretical basics, the most important principles of the different schools of scholars studied sociology. In this study, the method of collection, and the questionnaire using the likert range has been formulated, is used. For the analysis of the findings as well as SPSS software was used Manuscript profile

Open Access Article

97 - Editor's Note
Hossein Kalbasi Ashtari

human rights Liberalism Capitalism

human rights Liberalism Capitalism Manuscript profile

Open Access Article

98 - A Critical Study of Fayyadi’s Formulation of ‘Allamah Tabataba’i’s Argument of the Righteous
Ali Shirvani

The argument of the righteous (burhan-i siddiqin) is the name of a kind of argument in which the middle term is the absolute being or reality itself. ‘Allamah Tabataba’i has a specific interpretation of this argument that has been formulated in different ways. In this p More

The argument of the righteous (burhan-i siddiqin) is the name of a kind of argument in which the middle term is the absolute being or reality itself. ‘Allamah Tabataba’i has a specific interpretation of this argument that has been formulated in different ways. In this paper, the writer explains Fayyadi’s formulation of ‘Allamah Tabataba’i’s argument of the righteous and then criticizes it. Here, the writer also demonstrates that this formulation is in contrast to the surface meaning of ‘Allamah’s words. Moreover, he argues that it has remained essentially unfinished and cannot be considered a successful interpretation of the argument of the righteous. Manuscript profile

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99 - An Analytic Study of Ibn Sina’s Argument of the Righteous Based on its Logical Structure and Limits

Ibn Sina’s argument of the righteous is one of the most important arguments on demonstrating the existence of God in Islamic tradition. After Ibn Sina, a number of prominent Muslim philosophers and mutakallimun welcomed this argument and carried out some profound studie More

Ibn Sina’s argument of the righteous is one of the most important arguments on demonstrating the existence of God in Islamic tradition. After Ibn Sina, a number of prominent Muslim philosophers and mutakallimun welcomed this argument and carried out some profound studies in this regard in order to reveal its strengths and weaknesses following a critical approach. In spite of such efforts, there are still some ambiguities about this argument which demand more scientific research. In the present paper, the author has analyzed the form, content, and limits of the argument of the righteous based on logical principles and has demonstrated that it is an existent-oriented (not the concept of existent) and apriory argument on the basis of the impossibility of infinite regression and distinct from the argument of possibility. He also acknowledges that the argument of the righteous is no different from creature-oriented arguments in terms of epistemological value. Manuscript profile

Open Access Article

100 - Criteria for Muqarrabūn in Mullā Ṣadrā’s Philosophical Works and Commentaries
Fatemeh Sadeqzadeh Qamsari

The Holy Qur’an has granted a very special station to a group of believers called muqarrabūn (Those who are close to God). Moreover, it has considered specific places in Paradise and some Otherworldly rewards for them which are different from those promised to ordinary More

The Holy Qur’an has granted a very special station to a group of believers called muqarrabūn (Those who are close to God). Moreover, it has considered specific places in Paradise and some Otherworldly rewards for them which are different from those promised to ordinary pious believers. Therefore, it is necessary to investigate those attributes of this particular group which distinguish them from other pious, faithful, and righteous people. Some features such as knowledge, good deeds, worship, piety, high moral values, and devotion to social and benevolent services are easily detectable in muqarrabūn. Based on Sadrian principles, Man attains theoretical and practical perfection through the perception of truths and moral justice and, hence, finds access to true human pleasures. He also refers to a number of different criteria for identifying muqarrabūn including perfection in terms of knowledge and moral piety, intuition of the kingdom and God’s glory, drowning in divine kindness, and enjoying gnosis and true righteousness. However, Mullā Ṣadrā’s views regarding certain questions and issues in relation to muqarrabūn are sometimes ambiguous and sometimes non-revealing. Following a critical approach, the present paper analyzes the mentioned views. Manuscript profile

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101 - A Critical Study of Ḥakīm Sabziwārī’s Readings of the Argument of the Righteous and Later Interpretations of his Views
Hussein Ali Shidanshid Mohammad Hadi Tavakkoli

In an attempt to provide some stronger interpretations of the argument of the righteous which were based on fewer premises, Ḥakīm Sabziwārī presented three main interpretations, two of which can be considered to be among his philosophical innovations. These interpretati More

In an attempt to provide some stronger interpretations of the argument of the righteous which were based on fewer premises, Ḥakīm Sabziwārī presented three main interpretations, two of which can be considered to be among his philosophical innovations. These interpretations attracted great attention from later researchers and inspired some thinkers, such as ‘Allāmah Ṭabāṭabā’ī to present some more advanced interpretations. At the same time, as pioneers, they opened some new horizons before this philosophical discussion and, hence, functioned as turning points in the development of the argument of the righteous. Accordingly, it is necessary to critically examine the mentioned interpretations as well as later thinkers’ interpretations of these interpretations. The present study reports and critically analyzes Sabziwārī’s interpretations and deliberates over the specific points and problems of recent readings of his interpretations. Manuscript profile

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102 - A Critical Study of Haeri Yazdi’s View of the Sadrian Semantic Function of “Possibility” in Explaining the Sinan Argument of the Righteous
Hamidreza Khademi

The argument of the righteous (Burhān al-Ṣiddīqīn) demonstrates the essence of the Necessary Being without resorting to an intermediary. This title was chosen for the first time by Ibn Sīnā in order to provide a new interpretation of an argument that Fārābī had previous More

The argument of the righteous (Burhān al-Ṣiddīqīn) demonstrates the essence of the Necessary Being without resorting to an intermediary. This title was chosen for the first time by Ibn Sīnā in order to provide a new interpretation of an argument that Fārābī had previously adduced. The argument of the righteous is one of the best and most concise philosophical and rational arguments on demonstrating the existence of God.This argument reasons from “being” to the “Necessary Being” so that none of God’s acts, such as motion or origination, functions as the middle term. Haeri Yazdi has tried to respond to the problems of this argument by explaining the meaning of possibility in the Peripatetic and Transcendent Schools of philosophy. Given his accurate analysis of the meaning of possibility, he believes that it can be used as a basis for proving the existence of the Necessary Being; therefore, it is not necessary to resort to the impossibility of infinite regression. Following an analytic comparative method and based on Mullā Ṣadrā’s valid criteria for the truth of the argument of the righteous, the present paper analyzes and examines Haeri Yazdi’s interpretation and shows that his view is not immune to criticism. Manuscript profile

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103 - Separating Bichromatic Point Sets by Right Triangles
Z. Moslehi A. Bagheri

Separating colored point sets is an interesting problem in computational geometry with application in machine learning and pattern recognition. In this problem, we are given a geometric shape C and two point sets P and Q of total size n as red and blue points, respectiv More

Separating colored point sets is an interesting problem in computational geometry with application in machine learning and pattern recognition. In this problem, we are given a geometric shape C and two point sets P and Q of total size n as red and blue points, respectively. Now, we must separate red and blue points by this shape such that all the blue points lie inside it and all the red points lie outside it. In the previous work, we have some algorithms for rectangle and wedge separability but we do not have any algorithm for separating by a triangle and separating by a triangle with a fixed angle such as right triangle. In this paper, we present an efficient algorithm for right triangle seprability. In this algorithm, we use sweep line technique and introduce some events and process them. So, we can report all separating right triangles in O(nlog n) time. Manuscript profile

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104 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
hoda paran mohammad ali pourmottaqi

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, su More

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation. Manuscript profile

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105 - The Impact of Coronavirus upon the Concept of Interest with Reference to the Right of Child Meeting
Mohammad Javad Abdollahi Zainab Zainab Hatami

According to the article 45 of new law to protect family, it is obligatory to consider the interest of the children and youth in making any decision in the courts. Interest in family law is considered to be the highest interest. Following the spread of Coronavirus epide More

According to the article 45 of new law to protect family, it is obligatory to consider the interest of the children and youth in making any decision in the courts. Interest in family law is considered to be the highest interest. Following the spread of Coronavirus epidemic a new condition came into existence and it brought in its wake some basic changes in the life of people and affected the interest of children as well. On the one hand, if parents are affected by virus then it will affect the health of children as well. On the other hand, if they cut their relation to their children then they may suffer psychologically. Accordingly, some solutions should be sorted out to facilitate their meeting. The present article following a philosophical approach seeks to study its legal procedure and the views of scholars and the impact of this crisis on detecting the interest of children and the right of family for their meeting. Manuscript profile

Open Access Article

106 - Rights of Children in the Period of Crisis and Quarantine
sina Turkashvand

In his social life, man needs physical, spiritual, and economic security. Similarly, children also whose physical, intellectual and social growth begins in their early ages need particular attention and protection spiritually and physically. These attempts should have t More

In his social life, man needs physical, spiritual, and economic security. Similarly, children also whose physical, intellectual and social growth begins in their early ages need particular attention and protection spiritually and physically. These attempts should have their own proper concepts and patterns, that is, they should have protective aspects by considering children’s weakness in attaining their rights to the extent that the elders feel the necessary of protecting them. Accordingly, this work tries to explain the rights of children in the period of crisis and quarantine. Attention to the rights of children was not only the concern of present societies, this is the main concern of Islam as well. For instance, respecting children, avoiding violence against children, mistreatment of children and making discrimination are among the teachings of Islam. The method of this work is analytic-descriptive. According to the findings of this work, in the period of crisis and quarantine the rights of play are denied for children. Moreover, harassing children by elders will increase and their moral and training rights will be missed. According to these research children in the period of crisis and quarantine are not able to attain their rights as compare to the elders, for their rights always denied by the elders and since they depend on their elders they cannot complain legally. Explaining the rights of children in the period of crisis and quarantine indicate the basic needs of children and it is the duty of family, society, and government to meet their demand and require executive plan for protecting children. Manuscript profile

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107 - Improvement of the Sharpness and Brightness of Dim Images Using the Retinax Approach and Nonlinear Conversion
maryam ghasemi Morteza Khademi Abbas Ebrahimi moghadam

Images captured in low light conditions are unsuitable for human and machine vision due to low brightness and sharpness and high noise, and have a negative effect on their performance. Much research has been done to improve such images. The methods proposed so far to so More

Images captured in low light conditions are unsuitable for human and machine vision due to low brightness and sharpness and high noise, and have a negative effect on their performance. Much research has been done to improve such images. The methods proposed so far to solve this problem greatly improve such images. One of these methods is the RETINEX-based method, which modifies low-light images, but because the initial structure of this method is complex and inefficient, researchers have developed other methods such as SSR, MSR, and MSRCR. To solve the problem, they have presented this approach. These methods, in turn, have problems such as abnormal images and amplification of noise. In the continuation of the work done, the field of optimization has been used, which shows better performance than the previous works. In this research, by obtaining the optimal brightness component, using nonlinear conversion and applying smoothing filter and reducing noise on the image as a post-processing step, these weaknesses are largely eliminated. By applying the proposed method, the resulting images look more natural and their information is more preserved. Subjective and objective criteria such as EI, SSIM, PSNR and IMMSE were used to evaluate the proposed method. The simulation results show the superiority of the proposed method over the competing methods. Manuscript profile

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108 - The Course of Juvenile Court Proceedings in Iranian Criminal Law
Esmaeil Kashkoulian Masoud Heydari

Background and Aim: Fair trial is one of the most important issues that have always been considered by the legislator in the case of juvenile delinquents. Therefore, in this regard, there have always been several developments that the study of the course of these develo More

Background and Aim: Fair trial is one of the most important issues that have always been considered by the legislator in the case of juvenile delinquents. Therefore, in this regard, there have always been several developments that the study of the course of these developments can help the legislator in advancing the lofty goals of children's rights. The purpose of this study is to identify and explain the legislative and judicial developments that have taken place over the years in the field of juvenile justice and has brought it closer to a fair trial. Method: The method of this research is descriptive-analytical. Results: The findings indicate that dramatic changes have taken place in the field of juvenile justice, such as the establishment of a juvenile police force, the non-openness of the trial, the specialization of juvenile courts, the need for expert juvenile court judges, the establishment of a juvenile court and possibility of appeal on all the decisions issued by the courts. Conclusion: During several decades of legislation on children, the Iranian legislature has always tried to take an effective step in the field of juvenile justice. In addition to criminal law dimensions, criminological developments have taken place in this field and the legislature has changed its approach from crime focusing to criminal, so that juvenile delinquency is more just and fair. Manuscript profile

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109 - The dialectic of justice and public order And the synthesis of citizenship rights
Hamid Talebzadeh

Citizenship rights as a set of rights defined as a citizen in the sense of an obedient and influential pillar of political society vis-دولت-vis the government in terms of the Indo relationship in terms of citizenship and ultimately the equality of all members of society More

Citizenship rights as a set of rights defined as a citizen in the sense of an obedient and influential pillar of political society vis-دولت-vis the government in terms of the Indo relationship in terms of citizenship and ultimately the equality of all members of society before the law And the individual specifically participates in the concepts of justice and public order, which by analyzing these concepts, it seems that citizenship rights are presented as manifestations and examples of a concept of justice that is in conflict with social systems related to public order. , The aims and quality of the design of these issues confirm the above statements. Of course, in terms of relativity in all three concepts of justice, public order and civil rights, as in other concepts of humanities, it is impossible to emphasize the above assumption, but in terms of relatively acceptable definitions of these concepts will confirm this. Manuscript profile

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110 - Domestic Legal Order in Response to Violence against Children
Arian Petoft

Background and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an a More

Background and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an attempt is made to depict the general outline of the domestic legal normative order in response to violence against children. Method: This study has been done in a descriptive-analytical way by using the library resources and especially laws. Results: Children should never be exposed to violent domestic or social situations and experience child abuse. Since children today will be responsible for society in the future, and the progress and development of the country depend on their proper upbringing and development; therefore, the issue of violence against children, which causes great harm to it, is of special concern to Iran's laws. Conclusion: In the current legal system, the response to violence against children knows no boundaries; today, there are various examples, such as violent physical and psychological punishment, parental neglect, exploitation, unhealthy cyberspace, drop out, pornography and pressures of poverty. Manuscript profile

Open Access Article

111 - 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

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112 - Analysis of the impact of the legal structure of "geographical indications" on the development of handicrafts and rural tourism
hamid hamidian abas borozoie

Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always More

Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always been considered as one of the foundations of growth and development of rural economy. Income and commercialization of these industries Sometimes it can be effective in local, regional, national and even international economies. Supporting these rural handicrafts can not only be directly effective in the rural economy, but can also provide a basis for attracting tourists. "Geographical indications" as one of the tools of the intellectual property rights system, in the national and international arenas, has provided guarantees to protect these industries. However, these guarantees, despite providing opportunities for the growth and development of rural Rural areas have natural and human potentials that lead to the creation of unique products that have a distinguishing feature from other regions. These products, which in the general sense can be referred to as rural handicrafts or indigenous rural products, have always been considered as one of the foundations of growth and development of rural economy. Income and commercialization of these industries Sometimes it can be effective in local, regional, national and even international economies. Supporting these rural handicrafts can not only be directly effective in the rural economy, but can also provide a basis for attracting tourists. "Geographical indications" as one of the tools of the intellectual property rights system, in the national and international arenas, has provided guarantees to protect these industries. However, these guarantees, despite providing opportunities for the growth and development of rural industries, have several challenges that have been addressed in this study.industries, have several challenges that have been addressed in this study. Manuscript profile

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113 - The Spirit of Child Rights; A Look at the Goals of Child Rights in a Comparative Approach
Salman Konani

Answering to this question of what is the purpose of creating children rights, first of all steps requires knowledge of the basis of children rights. Understanding this rules also requires constructing the goals of children rights in the social societies. Because of thi More

Answering to this question of what is the purpose of creating children rights, first of all steps requires knowledge of the basis of children rights. Understanding this rules also requires constructing the goals of children rights in the social societies. Because of this reason, there is a certain connection between the rules and goals of the children legal regime. Understanding of this rules and goals help to gain a more accurate awareness in regard philosophy and legal functions of children rights in society, and this act helps the public and criminal legislative to legislate more favourable child protection rules. There is no national or global consensus on the goals of children rights. There are different goals for this legal system that are not necessarily compatible. This study tries to identify the goals of children rights by descriptive- analytical method, and in this direction, a brief look at the approach of international documents and standards, as well as the Iranian legal system especially the law on the protection of children. The results show that the protection of the best interest of children is the most important basis of children right and eternalizing the right to have right for children and empowering families and paving the way for their material and spiritual development are among the most important specific goals of this legal system. Manuscript profile

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114 - The Radical Right and the creation of the imaginary-mythical geography of Europe; Mitchell’s pictorial turn approach
Farideh Mohammad Alipour Mohammad Nassirzadeh

The Radical Right in European countries has achieved the definition of a mythical self by relying on an imaginary geography and in this process has benefited from those who have sacrificed for their ideals. The research question concerns how radical right groups have af More

The Radical Right in European countries has achieved the definition of a mythical self by relying on an imaginary geography and in this process has benefited from those who have sacrificed for their ideals. The research question concerns how radical right groups have affected the creation of imaginary-mythicalgeography in Europe. The hypothesis which is tested based on Mitchell’s pictorial turn theory is that radical right groups have affected Europe through picture and image recognition to create imaginary-mythical geography and have resulted in the strengthening of their social identity. The results of the study show that the radical right has recognized those who have sacrificed by holding musical and athletic events and in this way have strengthened social identity in imaginary-mythical geography. Manuscript profile

Open Access Article

115 - Legal Protections of Children Under 8 on Instagram
Fatemeh abdi

Background and Aim: Children are one of the most vulnerable sections of the society and are exposed to all kinds of abuses due to the violation of their rights. Also, children's privacy in cyberspace is a very important issue. In this research, at first, the relationshi More

Background and Aim: Children are one of the most vulnerable sections of the society and are exposed to all kinds of abuses due to the violation of their rights. Also, children's privacy in cyberspace is a very important issue. In this research, at first, the relationship between the publication of children's pictures on Instagram by parents and their privacy, and then the damage of publishing children's pictures on their personality, was discussed, and then the scope of legal protection of children's privacy on Instagram was examined. The purpose of this research is to address the necessity of legal protection of children's privacy in cyberspace in order to maintain their mental health in the future. Method: This research has been done using documents and library resources and descriptive-analytical method. Results: Cyberspace is a mixture of opportunities and threats. Today, a number of parents by violating some of their children's rights such as image rights, increase the number of followers on their Instagram page and thereby attract advertisements and generate income. Also, the findings indicate that there are significant legal gaps in the field of protecting children's privacy in cyberspace, which will cause serious damage to the various aspects of the children's personality in the future. Conclusion: Supporting children is necessary and unavoidable due to their unequal position when playing a role in cyber space. The advancement of technology and stepping into the digital age requires the establishment of protective laws and specific legal mechanisms. Manuscript profile

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116 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
Toraj Hematti Farsani Alireza Salimi ALIREZA HOSSINI Mohammad Hossein Nazemi Ashani

The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho More

The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile

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117 - An Introduction to the Empowerment of the Judiciary in Citizen Participation in the Light of the Revival of Public Rights
Hossein Abdi Vali Rostami

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas More

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas of citizen participation and preventing future challenges, in addition to other tools, requires citizen participation. the condition living conditions in the city is the participation of citizens in the management of the city and its end is to guarantee the rights of citizens and regulate their role in the city. Research considers the participation component to be an important priority for city management. The judiciary, is compatible with the rights of citizens and the groundwork for their participation in the administration of cities, and is one of the requirements for good urban governance. This article deals with a legal issue, descriptively-analytically and meta-analytically, to analyze and pathology the possibility of fulfilling the mission subject to paragraph (2) of Article 156 of the Constitution (revival of public rights) in order to ensure citizens' rights Their trust in the institution of power and the basis for their participation in the administration of cities based on the index, the way of development and evolution of the judiciary of the Islamic Republic of Iran in the tradition of public law of contemporary Iran, and concludes that the fulfillment of this mission Based on the above index and in the existing governance paradigm, desire to refuse and in order to create the conditions for the possibility of reviving public rights , we need to renew the discourse and "change the paradigm". Manuscript profile

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118 - Principles of State Civil Liability for Environmental Pollution
Sayed Ahmad Asgari Arjnky

Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On More

Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile

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119 - Comparative Study of Copyright in Iran and France Legal System
Sayed Ahmad Asgari Arjnky

Manuscript profile

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120 - Right to health in the constitution of the Islamic Republic of Iran
SaSaman Allallahveysi ali gorji aznadreyani

The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi More

The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript profile

Open Access Article

121 - Quranic Approaches to Child Rights
مهدي بي‍ژني

The Islamic law, particularly the Imāmī jurisprudence, has given a special attention to children’s rights. Besides, The Quran as the primary source of Islamic law has also not neglected this important issue. This paper endeavors to extract the Quran’s viewpoints on chil More

The Islamic law, particularly the Imāmī jurisprudence, has given a special attention to children’s rights. Besides, The Quran as the primary source of Islamic law has also not neglected this important issue. This paper endeavors to extract the Quran’s viewpoints on child’s rights. The word “ṭifl” (infant) has explicitly been used by the Quran to address the process of human creation from its earliest stage. Seemingly, the Quran has regarded the start of childhood from conception onward, the point from which the child’s rights should be taken into consideration. This paper discusses the Quranic view of children, then, the issue of children’s rights according to the Quran will be studied. Children’s rights will be discussed at two levels, before and after birth. The former usually deals with what influences the future life of the child; the latter includes issues like ensuring as health and security, naming, breastfeeding, religious training, etc. which will be covered in the paper. Manuscript profile

Open Access Article

122 - The Role of International Organizations in the Realization of the Right to Food
Farhad Talaie علی رزمخواه

The right to food, a basic right of every person, is the right to be free from hunger and have sustained access to food with acceptable quantity and quality which would meet their food and cultural needs. Although States are the main parties responsible for the realiz More

The right to food, a basic right of every person, is the right to be free from hunger and have sustained access to food with acceptable quantity and quality which would meet their food and cultural needs. Although States are the main parties responsible for the realization of human rights, both at domestic and international levels, increased activities of international organizations on an international scale, especially in the field of human rights, have raised questions as to the role of these organizations in realizing the human right to food and how they discharge that role. As argued in this paper, international organizations play an effective and unique role in the realization of the right to food at the international level. It is also noted that such international bodies address different aspects of the various issues related to the right to food. The paper concludes that the main goal of such activities is to realize the human right to food, especially for the poor people suffering the worst from unfavorable food security in the world. Manuscript profile

Open Access Article

123 - 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

124 - 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

125 - Hidden Veto and Its Impact on Decision-Making Process in the Security Council
رضا موسی‌زاده Arsalan Jamshidi

This study provides a comprehensive insight and information about the concept of the right of veto and its various kinds, which practically have been formed in the procedure of the UN Security Council, and by focusing on concept of “the hidden veto”, it examines its fun More

This study provides a comprehensive insight and information about the concept of the right of veto and its various kinds, which practically have been formed in the procedure of the UN Security Council, and by focusing on concept of “the hidden veto”, it examines its fundamental role in decision-making process of the Security Council. In the Post-Cold War era, the use of the hidden veto, mainly in the informal consultations, by the permanent members of the Security Council has increased dramatically. The hidden veto has shown its impact on the Security Council’s decision-making process in two two ways: First, by “controlling the agenda” and preventing the Security Council from putting particular issues on its agenda or in other words “exercising the five permanent members of the Security Council’s censorship”; and second, by “blocking action” in cases in which an unwanted issue is put on the agenda of the Security Council bringing forward some issues such as “weakening the definition of the crisis under international law”, “eliminating content, softening the language and weakening the wording of resolutions”, “self-censorship and the double hidden veto”, and “the reverse veto”. Manuscript profile

Open Access Article

126 - 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

127 - 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

128 - 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

129 - 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

130 - 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

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131 - Assessing and evaluating the level of awareness of Chabahar citizens about urban rights and laws
Shah Bakhsh Raisi Maryam Karimian Bostani Safoura Abkhesht Sima Firoozi Rad Afsaneh Pourian

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society consider More

Raising the public awareness of the inhabitants of a city about the rights and laws of the city is one of the important factors that must be considered to achieve a sustainable and desirable city. Citizens' awareness leads them to achieve the right that society considers for them. Urban laws and regulations can be considered as one of the most important connection points between urban management and citizens. In other words, the actors, the main elements of urban management in the light of urban laws and regulations, while defining the role for themselves and other members, can involve citizens in managing affairs. In this study, the aim is to identify the level of awareness of the residents of Chabahar city about the rights and laws of the city. Based on the research data, the level of this awareness among the residents of the city was described. The research method is descriptive-analytical. The statistical sample size was estimated to be 382 using the Cochran's formula. Out of 382 distributed questionnaires, 82 questionnaires were excluded due to distorted information and analysis was performed on 300 questionnaires. The field data collection tool was a researcher-made questionnaire that was designed in 21 items. The reliability of the questionnaire was measured by calculating Cronbach's alpha and calculating the combined reliability coefficient (cr). Manuscript profile

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132 - The Effect of Distance Learning through Shad Software on the Academic Achievement of Shahed Primary Special School Students in Alborz Province
Ehsan Golmehr Mahdi Kalhornia Golkar Meysam Kalhornia Golkar leila shiravand

Background and Aim: Education is one of the most important aspects of children's rights and so the quality of its implementation plays an important role in securing this right. This issue has a particular importance and sensitivity for children with special needs. With More

Background and Aim: Education is one of the most important aspects of children's rights and so the quality of its implementation plays an important role in securing this right. This issue has a particular importance and sensitivity for children with special needs. With the spread of the Corona pandemic in the world, the need for distance education became inevitable. In Iran, distance learning, including at the basic level, was formed using ‘Shad’ software, which is still current in many primary schools. The aim of this study was to investigate the effect of this type of education on the educational achievement of children with special needs. Method: In this study, using a descriptive survey method and a researcher-made questionnaire based on the Academic Achievement Questionnaire adapted from Pham and Taylor's 1994 research, the statistical population, teachers of Shahed Fardis Exceptional School of Karaj was selected and data analysis was performed. Chi-square test and Friedman test were used with Spss software version 24. Results: The findings showed that the effect of ‘Shad’ software in distance education is positive in terms of software efficiency and effectiveness compared to other methods of distance education and also by creating a specific program to prepare for assessments; However, due to the absenteeism of education, the overall outcome of the comments was a negative impact on students' academic achievement compared to the attendance method at the end of the year. Also, this type of education can have a negative impact on academic achievement by reducing performance during face-to-face assessment, reducing literacy skills, and distracting students due to being at home. Conclusion: Distance education, especially with the elimination of hardware and software defects, as well as cultural placement and mutual understanding of teachers, parents and students, is an opportunity in some respects to increase academic achievement, but face-to-face education, as well, due to its functions, should still be considered and emphasized by the educational system. Manuscript profile

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133 - The Duality of Right and Good: From the Old Opposition to the New Combination in Rawls's Theory of Justice
Afshin Habibzadeh reza akbari nori Seyyed Khodayar Mortazavi Asl

Establishing the concept and system of justice has been one of the important subjects of political thought and philosophy and ethics since ancient times. In the history of thought, most of the beliefs about justice have been based on a great idea of good and sometimes t More

Establishing the concept and system of justice has been one of the important subjects of political thought and philosophy and ethics since ancient times. In the history of thought, most of the beliefs about justice have been based on a great idea of good and sometimes they have provided some preliminaries about good from which a system of right and justice can be deduced. However, the opposition between right and good as concepts that lead to two different systems of justice has been one of the important and long-standing topics of political thought. The importance of the discussion is that the conceptual superiority of one over the other can have wide consequences in the socio-political life of a society. In the discussions of contemporaries, the distinction or opposition of these two concepts was at the center of the debate between the schools of consequentialism and dutyism: consequentialists consider good to be the first and right actions are those that lead to good; Duties put the right first, consider it independent of good, and even prohibit the actions leading to good when they are exposed to fundamental moral rules. But John Rawls tried to propose a combination of the concepts of right and good in his theory of justice in such a way that right can be deduced from the ideas of good, and good is subject to the justice system as a branch of the concept of right. John Rawls's system of justice is a political system based on a political conception of justice that tries to provide an explanation of the requirements for realizing the greatest possible freedom and equality for the citizens of a democratic society. In fact, this structure can be considered as the "rule of law" which both enables the freedom of citizens to pursue their own good and sets limits for it so as not to violate the principles of justice. Manuscript profile

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134 - Spiritual Damage And Its Compensation Methods In The Legal System Of Iran And Egypt
ziba mirzaaqazadeh akbar imanpour

10.61186/ahrar.38610.2.4.56

One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuabl More

One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuable. And spiritual rights are more important than material rights. The present study tries to explain and analyze the status of moral damages in Iran in comparison with the Egyptian civil law as one of the important laws in this field. Moral damage is sporadically mentioned, but no specific legal system can be established for it Manuscript profile

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135 - The Rights of Children with Disabilities in Iran: An Analysis of Determining Areas
Maryam Sha’ban

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Met More

Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Method: The research approach is qualitative and the research method is exploratory and documentary analysis. After identifying the documents related to the subject and issue of the research, they have been studied, analyzed and reviewed. Results: The results of the research show that at the international level and the Islamic Covenant on the Rights of the Child and in the internal laws and regulations of the Iranian society, the society and the political power structure are responsible for formulating and implementing protective policies for disabled children and these policies are also aimed at reducing harm, rehabilitating and Treatment of the disabled. In fact, they are considered a "posteriori strategy" towards the disabled. But in the religion of Islam, centered on Shiism as the dominant religion in Iran, dealing with the child is about potentially being a child, not actually being a child; This means that the children of future generations are considered and "foreseeable" in the current generation. It is as if the scope of childhood includes history and generations and is a "transhistorical" and “trans-generational" issue. Islam has emphasized on the "future and posterity" and respecting the potential rights of the next generations and has a "preventive" approach. Conclusion: The dominant strategy of the teachings of Islam in relation to children with disabilities can be inferred as "a priori and a posteriori strategy". In addition to the governing authority, community activists are responsible for the realization of plans related to this strategy for disabled children. Manuscript profile

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136 - Examining the moral requirements and observing the citizen's rights of the accused during the arrest phase
Abbas Gohari Abbas Tadayon Abdoljabar Zar Goshi Nasab

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the More

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the Muslim has a moral worldview. The religion of Islam places great emphasis on the good morals of Muslims. Citizenship rights are of special importance to Islam and for this reason, the Prophet of Islam explains the issues of citizenship rights to Muslims such as avoiding inquisition, respecting women's rights, treating all people fairly, respecting property rights and social security, etc. Prophet of Islam in his personal behavior was committed to these issues so that Muslims could follow suit and be encouraged to respect the citizenship rights of individuals. Accordingly the system of the Islamic Republic of Iran, following the example of the approach of the Prophet of Islam and the eight-article command of Imam Khomeini who was the founder of the Islamic Revolution in Iran, pays special attention to citizenship rights. The Islamic Consultative parliament of Iran, in order to respect legitimate freedoms and protect civil rights, passed a law related to it in 2004. The A.D.K law which was approved by the Iranian parliament in 2013, also explicitly emphasizes the observance of citizenship rights in 7 articles and in the general section. Therefore in this article, in addition to defining issues such as ethics, citizenship ethics, human relations based on ethics and the concept of citizen, we also examine the issue of citizenship rights of the accused. Manuscript profile

Open Access Article

137 - Analytical review of future generations from the perspective of the Holy Quran
mostafa karamipour adel sarikhani

One of the topics of intergenerational justice is the rights of the future generations, according to which the divine gifts that have been inherited from the previous generation to the current generation, are transferred to the future generation, and each generation has More

One of the topics of intergenerational justice is the rights of the future generations, according to which the divine gifts that have been inherited from the previous generation to the current generation, are transferred to the future generation, and each generation has the right to use the divine gifts, which means that nature And the resources in it belong to all people and generations and were created to meet their needs, and there is no evidence that divine gifts belong to the current generation and their superiority to future generations. The verses of the Holy Qur'an contain important teachings in this field and general Qur'anic speeches stating that what is in the sky and the earth belongs to all humans in every generation and because the divine verses are expressed in the form of real cases, in addition to The current generation (the existing ones) includes the future generation (the extinct ones) and emphasizes the necessity of protecting the rights of future generations and divine gifts, and besides paying attention to the spiritual dimension, it encourages humanity to respect the rights of future generations and It has established principles and rules to protect this matter. Manuscript profile

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138 - 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

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139 - Explaining the function of Transfer of Development Right (TDR) method in order to realize Islamic social justice
Reza Khaleghi Zohre Davoudpour reza nasr esfahani

Urban development with a social justice approach is one of the issues that has been neglected in many urban development plans. The transfer of the development right is considered one of the new ways of monitoring land development. The transfer of the development right i More

Urban development with a social justice approach is one of the issues that has been neglected in many urban development plans. The transfer of the development right is considered one of the new ways of monitoring land development. The transfer of the development right is important in terms of its position in reducing inequality and ensuring the individual rights of the owners. The development right transfer approach is actually a plan to reduce physical development in areas that the community or planners want to protect. This research aims to examine and implement the approach of the right to transfer development and explain some of the principles of important rules in the perspective of Islam, and its relevance and influence in urban development, and offers suggestions for the realization of social justice using this approach. The current research is an applied research that uses the descriptive-comparative research method to analyze and examine the data. To describe and analyze the data, the comparative literature review method has been used. Based on this, while gathering the topics of Islamic social justice and the method of transferring the right to development, the relationship between the aforementioned method and the realization of social justice is analyzed through the Delphi technique by receiving 5 rounds of opinions from 30 experts. As a result of this research, the principles of social justice include eight principles; Equality in public rights, the lack of objectivity of the position and position of people in the administration of justice, inequality in individual-social acquired rights, compliance with the requirements of time in receiving tariffs, equal access to public services, non-privatization of property and public interests, the benefit of all in public affairs, The lack of immunity of rulers and officials from justice was explained. And also compared to the basics of the right to transfer development method, it was found that the principles of equality in public law, the lack of objectivity of the position and position of individuals in the implementation of justice are completely consistent with the method of the right to transfer development. The principles of inequality in individual-social acquired rights, compliance with the requirements of time in receiving tariffs, equal access to public services, non-privatization of property and public interests, benefit of all in public affairs, lack of immunity of rulers and officials from justice are largely consistent. Or you can use the method of transfer of development right in order to achieve the intended goals of that principle. Manuscript profile

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140 - Use of Logic in Discovering the Argument of the Righteous in Mullā Ṣadrā’s Reading of al-Fuṣṣilat Chapter: 53
Ahmad Maleki

The argument of the righteous is intended to demonstrate the existence of Almighty Truth without the mediation of creatures. Fārābī propounded this approach, and Ibn Sīnā actualized it through interpreting the argument of ‘possibility and necessity’. Mull More

The argument of the righteous is intended to demonstrate the existence of Almighty Truth without the mediation of creatures. Fārābī propounded this approach, and Ibn Sīnā actualized it through interpreting the argument of ‘possibility and necessity’. Mullā Ṣadrā objected to its being righteous in Ibn Sīnā’s reading and presented an argument based on the same method. Now, the question is whether this argument, which is the result of the efforts of some distinguished Islamic philosophers, from Fārābī to Mullā Ṣadrā, can be logically inferred from the Holy Qur’ān and, thus, claim that this holy Book expressed this truth many centuries before all of them. Following a descriptive-analytic method and through employing logical principles, this study has discovered and inferred this argument from verse 53 of al-Fuṣṣilat Chapter. Moreover, through explaining the major and minor propositions of the argument, it has revealed how each of them can be inferred from this verse. The findings of this study indicate the rationality of Qur’anic concepts, manifest the inseparability of the Qur’ān and this argument objectively and based on proof, and introduces one aspect of the scientific miracle of this Heavenly Book. Manuscript profile

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141 - The effect of student fundamental rights in education
Mohammad Nik Fekar

Student's rights include all the rights that a person who is studying or because of studying in the education system of the country enjoys. The main goal of the current research is the effect of the basic rights of students in education, so that by relying on it, the du More

Student's rights include all the rights that a person who is studying or because of studying in the education system of the country enjoys. The main goal of the current research is the effect of the basic rights of students in education, so that by relying on it, the duties, obligations and responsibilities of teachers, school officials and other people involved in the education of students can be identified and introduced. The current research is a qualitative study that was conducted using the qualitative content analysis method of inductive classification. A systematic review and analysis of legal sources has led to the formulation of a set of principles under the title of principles of law in education. These fourteen extracted principles are based on the amount of citations in the studied legal sources in the three categories specified in the official laws (including access to free education, physical training facilities and access to higher education), approved in the official laws (including social security, freedom of choice and The method of education, raising the level of knowledge and public awareness, teaching in the mother tongue, academic security, enjoying equal rights and freedom of political and socio-cultural activities) and specified in the laws of education (including the cultivation of artistic creativity, promotion of facilities and suitable opportunities for leisure time , academic guidance and facilitation of education conditions for children with special needs) are classified. It is suggested that in future studies, the extracted conceptual model should be analyzed from the perspective of experts and legal and educational experts and adjusted and modified by applying their opinions. Manuscript profile

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142 - Individual rights and freedoms in the Constitution of the Islamic Republic of Iran
Mohammad Nik Fekar

The Constitution of the Islamic Republic of Iran has paid attention to individual and collective rights and freedoms in a chapter entitled "The Rights of the Nation". The freedom of assembly is one of the collective rights and freedoms that is directly stated in Article More

The Constitution of the Islamic Republic of Iran has paid attention to individual and collective rights and freedoms in a chapter entitled "The Rights of the Nation". The freedom of assembly is one of the collective rights and freedoms that is directly stated in Article 27 of the Constitution and implicitly in Article 26 of the Constitution. Basic, identified and guaranteed. In this article, we analyze the importance that the Constitution has given to the freedom of assembly in Article 27 of the Constitution, and also emphasize the basic issue that freedom of assembly and marches cannot be absolute. Rather, the exercise of this right should be considered according to the conditions of the Islamic democratic society. Secondly, the constitution, while observing the standards of the Universal Declaration of Human Rights and the international community, has also taken into account the conditions and circumstances of its Islamic democratic society and has taken both into consideration. Also, in this research, an attempt has been made to first deal with the concept of public rights and freedoms in detail. Then, while stating the types of rights and freedoms, the right to assembly in the Constitution of the Islamic Republic of Iran and other relevant laws and regulations have been specifically investigated. In this regard, while guaranteeing the implementation of this right, the necessity of the government's attention and supervision on how to implement this has been discussed. Manuscript profile

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143 - Investigating Twitter campaigns of Violence Against Women
shima nasertork ali delavar afsaneh mozaffari tahmores shiri

One of the most important topics that social networks -Twitter- have paid attention to is violence against women in Iran. The most important theoretical support in the emergence of these campaigns is the reflection of the texts about violence against women. One of the m More

One of the most important topics that social networks -Twitter- have paid attention to is violence against women in Iran. The most important theoretical support in the emergence of these campaigns is the reflection of the texts about violence against women. One of the most important factors in the emergence of such waves is the important activists in the field of these social networks, who use their followers to reflect these contents. The most important campaigns in terms of the number of tweets and retweets was the "Girls of the Revolution" campaign. The aim of the research is to analyze the performance of Twitter in reflecting the content of violence against women in Iran based on the most important campaigns that have emerged in the last decade. This issue was analyzed based on the theoretical foundations of types of violence and networked movements. The research method is the content analysis of tweets and hashtags related to campaigns from 2016 to 2016. The research results showed that the most important themes are about social and political violence against women. In this regard, some campaigns and hashtags have caused insecurities in the society the most important of which was the campaign of the girls of Enghelab Street in terms of the number of tweets and retweets. the analysis of the themes of tweets showed the absence of news, posts and tweets of people related to campaigns and hashtags. Manuscript profile

Open Access Article

144 - A Comparative Critique of the Relationship between Faith and Righteous Practice in Wahhabi and Jihadi Salafi Thought
amirabas madavifard Omid Omidian

Despite the closeness of the theological foundations of Wahhabi and Jihadist Salafis, the Wahhabism's denial of the inclusion of action in the realization of faith and the jihadists' insistence on the inclusion of action in the realization of faith have placed these two More

Despite the closeness of the theological foundations of Wahhabi and Jihadist Salafis, the Wahhabism's denial of the inclusion of action in the realization of faith and the jihadists' insistence on the inclusion of action in the realization of faith have placed these two trends of contemporary Salafism against each other in the issue of faith and disbelief. After explaining the place of conflict between Wahhabi and Jihadi Salafis, this article has analyzed the main criticisms of these two Salafi currents in this issue with the method of library analysis. The analysis of the mutual criticisms of Wahhabi and Jihadi Salafists makes it clear that both groups claim to base their beliefs on the Salaf's understanding of the Book and the Sunnah, and at the same time they insist on two completely opposite positions, which is a clear proof of the confusion of intellectual foundations. Contemporary Salafism in general and Wahhabi and Jihadi Salafists in particular. On the other hand, the Wahhabis' comparison of the Jihadists to the Khawarij and the Jihadists' comparison of the Wahhabis to the Marjie means that they clearly understand the invalidity of the Kharijite and Marjie's beliefs, and as a result, both of them have a mixed consensus on their corrupt beliefs. Although Wahhabi scholars, while exonerating themselves from takfirism, often introduce Jihadi Salafis as the promoters of takfirism due to the takfir of the people of sin, but the historical performance of Wahhabi and Jihadi Salafis shows that both spectrums of Kharijites adopted a kind of profession in the issue of faith and disbelief. And they have excommunicated Muslims without logical support. With the difference that the type of takfir of Wahhabism is disbelief in individual religious affairs and the type of takfir of jihadists is generally disbelief in social and governmental affairs. Manuscript profile

Open Access Article

145 - Examining the corresponding moral values on the observance of the rights of the victim and the criminal in Iran's criminal law
Amir Feizi Ghobad Kazemi Masoud Ghasemi

Criminal procedure is the manifestation of human rights and its guarantor, criminal procedure regulations express the position of rights and their preservation and human dignity in that society. The law has value and credibility and reaches its lofty position when the r More

Criminal procedure is the manifestation of human rights and its guarantor, criminal procedure regulations express the position of rights and their preservation and human dignity in that society. The law has value and credibility and reaches its lofty position when the rights and moral value of people, both the victim and the offender, are respected. Failure to provide guarantees for balancing the rights of the victim and the criminal leads to the violation of the rights of the parties and the disintegration of the judicial process and the weakening of moral values in the society. The balance between the rights of the victim and the criminal does not mean that the same rights and protections It is foreseen for each of the parties to be used for the other party as well, because depending on the case and the path of the criminal proceedings, each of the victims or criminals needs their own services and support. The proposed strategy of this article to get out of these conflicts is to establish common and specific rights and guarantees for each of them in order to identify the needs of each victim and the offender so that their concerns in the field of establishing justice and fairness are resolved. This research shows that Iran's legislator has determined to balance the rights and moral values of the victim and the criminal, but the legislator has not been able to meet the expectations of the victim and the criminal. Manuscript profile

Open Access Article

146 - The place of the right to entertainment in the system of human moral rights from the point of view of Islam
seyyedabdollah Mirkhandan

With the advancement of technology and the emergence of new entertainment and the importance of entertainment in today's human lifestyle, entertainment has been proposed as a human right and not just an optional activity. Whether or not entertainment is considered a hum More

With the advancement of technology and the emergence of new entertainment and the importance of entertainment in today's human lifestyle, entertainment has been proposed as a human right and not just an optional activity. Whether or not entertainment is considered a human right from an Islamic point of view, and if this right exists, what is its position in the system of human moral rights, is of great importance. The leading research with descriptive analytical method seeks to clarify this position. In this research, we came to the conclusion that from the Islamic point of view, entertainment is considered a right in the system of human moral rights, and this right is an innate right and one of the natural rights of man. Therefore, the need for entertainment is not an illusory and induced need and it is rooted in human nature and its place is to the extent that it does not harm the basic human responsibilities, including work, social, family, political responsibilities, and above all religious responsibilities, and causes rejuvenation for be these responsibilities. Manuscript profile

Open Access Article

147 - Consumer Rights Of Food Products
Mahvash Abolghasem Kashani

10.61186/ahrar.45869.4.7.1

manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important m More

manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important matter to be considered is that it inflicts damage on the community health, while it distorts the public discipline and change the balance between production and consumption. Introduction of basic customer rights across Europe, triggered formulation of a special law for protecting customers in Iran. However, it is imperfect due to the ambiguous method of compensating for losses. Hence, based on the principle of no harm, this essay tends both to find a legally protective umbrella for customers and develop a robust economy as a remedy for the inefficient laws enacted regarding civil liability and protecting customers against the complications of market. For this purpose, this essay introduces a food manufacturer as a sufficient and primary cause that inflict harm, and specifies that the manufacturer’s failure plays role only in ascertaining of the causal link; It also set asides the liability resulting from food production failures and substitute it with manufacturers’ sense of responsibility for the final results , safety assurance, and a perfect responsibility based on legal and jurisprudential principles. Manuscript profile

Open Access Article

148 - Examining The Satisfaction Of Patients Visiting The Emergency Department Of PourSina Educational-Medical Center In 2023
Kourosh Delpasand Amir Fakhraei Zohreh Kazempour kalshatri Enayatollah Homayi rad Doreen Aghajalani Shirin Maafi kalorzi Mohammad Nooryan مرضیه آزادگان

10.61186/ahrar.45871.4.7.1

Patient satisfaction is one of the important indicators of effectiveness, efficiency and quality of health care services. Therefore, this study was conducted to investigate the satisfaction of patients visiting the emergency department of PourSina Educational-Medical Ce More

Patient satisfaction is one of the important indicators of effectiveness, efficiency and quality of health care services. Therefore, this study was conducted to investigate the satisfaction of patients visiting the emergency department of PourSina Educational-Medical Center in 2023. In this cross-sectional descriptive study, information from 300 patients visiting the emergency department of PourSina Educational-Medical Center in 2023 was collected through a questionnaire. First, the demographic questionnaire was completed. In the next step, the Patient Satisfaction Scale-Short Form (BEPSS) questionnaire was completed by volunteers. Descriptive statistics such as frequency, mean and standard deviation were used to describe the data and a significant level of 0.05 was considered for P values. The findings of this study showed that the highest satisfaction score was obtained in the area of (EDS) and the lowest score was in the area of (EDE). The overall satisfaction score was 51.10±31.59 out of 80. There was no significant relationship between the scores obtained from the questions in the areas of (EDS), (EDE), (GPS), (PFS), (BEPSS) and (PCS) based on age groups, patient age, marital status, place of residence, education level and hospitalization history of the patients under study. However, significantly higher satisfaction was observed in women, patients with shorter hospitalization time and those who were discharged without personal consent. The results of this study showed that the level of patient satisfaction was acceptable, but there is still a need for a program to improve the services provided. Manuscript profile

Open Access Article

149 - Analytical Study Of The Differences Between The 1956 And 1976 Rent Laws And Their Advantages And Disadvantages
Fateme Farad_e_falsafi

10.61186/ahrar.45872.4.7.1

The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have a More

The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have always caused sensitivity and controversy. Finally, I will briefly present what we conclude in this thesis as follows: What is clear is that the majority of jurists agree on this matter that the right to acquire or trade is a financial right that is different from goodwill that is realized for the tenant of the place of business or trade and its collection by the tenant depends on the mention of it. It is not in the contract. But its realization depends on the material and immaterial elements of the merchant's or professional's capital, or in other words, one of the components of the business. This right is based on a series of material and spiritual principles and criteria that merchants or artisans use in order to meet the needs of their customers. In this research, we intend to examine the differences between the goodwill of the 1956 law and the 1976 law and its advantages and disadvantages in the form of a library. Manuscript profile

Open Access Article

150 - Pregnancy: Right Or Duty
Neda Akbar zade

10.61186/ahrar.45877.4.7.1

Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy w More

Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy without any compelling reason. The question is whether childbearing is a right? And if the answer is positive, it is the right of both wife and husband or just one of them? We can understand from the context of jurists and Islamic scholars that childbearing is a right of both parents (not merely a right for man). As husband has the right of getting pregnant, the wife also has the right to become pregnant.According to La Zarar (no prejudice) rule and the assumption of husband’s misconduct, the wife would have the right to divorce if the right of wife (become pregnant) be ignored and man refuse to have a baby. Manuscript profile

Open Access Article

151 - Children's Health And rights In Cyberspace.
Mohammad Taati sereshke Seyedeh Maryam Asadi nejad

10.61186/ahrar.45879.4.7.1

Right is the most central concept of legal science, the ambiguity in its definition and description causes misplaced expectations and, as a result, the feeling of injustice. According to the abstract concept of right, the researcher should go to analytical tools to get More

Right is the most central concept of legal science, the ambiguity in its definition and description causes misplaced expectations and, as a result, the feeling of injustice. According to the abstract concept of right, the researcher should go to analytical tools to get rid of the misconception, using Hofeld's theory in identifying and expanding the types of rights helps the researcher.The right of the child has been given special support by the institution of society due to their special position in the foundation of the future of human society on the one hand and their vulnerability as the first ones who are exposed to the direct attack of harm. Of course, how children's rights are violated is different in different parts of the world. In developing countries, children mostly face poverty and its consequences such as malnutrition, lack of health, medical and educational facilities. And in developed countries, moral problems and the weakness of the family foundation plague them. In any case, the main players in this arena, namely the family, the private sector, and the government, should try to protect everyone from this concept in an all-round interaction.Loneliness, depression, anxiety, low self-esteem and physical problems such as diabetes and dry eyes are some of the possible problems of children in excessive use or early entry into cyber space.Addiction to this space has reduced the child's motivation to interact with others, which has negative effects on his (her) personal communication and social interactions. One of the easiest ways to prevent this problem is to limit the time you use the Internet.The expansion of cyberspace and the great impact of this field on the life and norm of the need to protect the rights of the children in this field, The author's attempt in this article is to use the descriptive and analytical method to identify the right and its analytical structure, define the child and virtual space and health and health and also identify his rights in the relationship between the child and the virtual space in the relevant laws of Iran and Other international laws and documents are discussed and called for moderationIn the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed Manuscript profile

Open Access Article

152 - 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

10.61186/ahrar.45963.4.8.1

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

Open Access Article

153 - Examining the Differences and Similarities of Partition and Separation in Property Registration Law
Fateme Fard_e_falsafi

10.61186/ahrar.45965.4.8.1

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other wo More

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other words, when the partners do not agree on how to divide the joint property, the solution is to request partition. However, in the case of separation, a person can also take action to separate their own land or property. In this research, we intend to focus on the concepts of partition and separation and compare them from the perspective of property registration law. Manuscript profile

Open Access Article

154 - The effects of collective piety on self-improvement in Islamic society
ebrahim ebrahimsalim siamak jafarzadeh reza nik khah

The purpose of writing the present research is to examine the effects of collective piety in religious society, which is the most important factor of human happiness and salvation in terms of refinement and self-cultivation. The key that has been emphasized by the Qu More

The purpose of writing the present research is to examine the effects of collective piety in religious society, which is the most important factor of human happiness and salvation in terms of refinement and self-cultivation. The key that has been emphasized by the Quran, hadiths and imams is to be known more and the results of the research show that "collective piety" is a phrase against collective debauchery and is considered one of the very important and vital pillars for the emergence, continuation and survival of the Islamic society. It means that a certain social group should do a good deed that cannot be realized externally for the sake of God, and its observance has been emphasized a lot, and one of its most important effects can be civilization building, spreading justice, fighting oppression, He pointed out the ability to provide guidance, increase insight, help from the unseen, the descent of divine blessings, and so on. Manuscript profile

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