HUMAN RIGHTS
Year:2020 | Volume:15 | Issue:1 (29)|Papers Count:12

Human rights are of the basis for the local and international laws and bestow legitimacy on states. Furthermore, a vast number of theories in the field of humanities are evaluated based on their approaches to human rights. Despite widespread assumption that “ human rights” is a clear and commonly accepted concept, in this article I show the opacity of human rights both conceptually and extensionally. Also, I explain that, as long as “ human rights” is not clarified, the whole discussions on human rights in the fields of law, economics, politics and so on will be in vain, and the clarification of “ human rights” is possible only under philosophical examination of this notion. Human rights are of the basis for the local and international laws and bestow legitimacy on states. Furthermore, a vast number of theories in the field of humanities are evaluated based on their approaches to human rights. Despite widespread assumption that “ human rights” is a clear and commonly accepted concept, in this article I show the opacity of human rights both conceptually and extensionally.

The aim of this article is to show that (1) “ right” can have a moral meaning; and (2) moral duties are divided into those that correspond to moral rights and those that do not. A moral right is a kind of right that is rooted in moral considerations, and states or expresses such considerations. There are at least two ways to argue for these claims the first is to examine the justificatory foundations of rights, showing that the justification that is available for some rights is a moral justification (section 2), and the second is to examine the role, status and function of rights in morality and moral discourse (section 3).

Over the last decade, pirates have resumed their activity in the international seas and waterways after years of enthusiasm. This has led to a surprise to the international community and a series of generally violent and violent measures to confront these perpetrators. However, piracy perpetrators, like those charged with other international crimes, enjoyed various privileges and privileges, with countries showing little interest in assigning these rights to these defendants. in addition, respect for human rights in the criminal proceedings against piracy committed with challenges such as respecting the reasonable deadline for arrest and detention of defendants on board the ship, the issuing authority has arrested detainees and prosecuted piracy suspects in a third country who deserve attention and Review. In the present research, the special status of prosecution, arrest and trial of piracy offenders and applicable human rights are discussed.

Global society is characterized by its philosophical, ethical and religious disagreements. What are the implications of the doctrinal conflict for the understanding of a conception of human rights? In this paper, I briefly explain John Rawls’ conception of human rights, which is distinct from and narrower than his conception of justice (i. e., justice as fairness). Rawls conceives human rights as minimal, but necessary requirements of justice – although not sufficient from a liberal point of view – that can be satisfied by various political systems. Rawls argues that human rights are common to all peoples, since they are compatible with all reasonable political morality, including those of both “ liberal” and “ decent hierarchical” peoples. The central idea of Rawls’ account is that, a conception of human rights suitable for a pluralistic world must be independent from controversial philosophical, ethical or religious doctrines. Such a conception must serve as the object of an overlapping consensus among different ethical and religious traditions; each may offer the different lines of argument.

Criminalization of some sexual relationships constitutes a part of criminal rights, and even after French Great Revolution and expansion of individual rights, though some countries have tried to limit sexual crimes, by the way, description of rape crime principle has been established in sexual relationships of many countries including England and most states of America; the issue which is evident in law and Imamiyeh jurisprudence and its historical roots are several times deeper than West, but has been ignored in Iran laws; and nowadays, sexual crime is just approved when there is no matrimonial relations or such. Although rights’ abuse is definitely different from adultery, but considering principle 167 of constitutional rights and referring to principle 4 of constitutional rights as the source of Iran law, possibility of criminalizing this behavior in the frame of discretionary crime is considerable; in the case that spiritual or physical persecution, or any other mental and legal barriers is realized, wife will have the right to deny from obedience and this may provide conditions to criminalize “ imposing sexual relations by husband against wife” .

Violence generally monopolizes the discourse of social change. An alternative voice is that of marginalized people who confront nonviolently the danger of forfeited basic rights and need to secure rights. This essay applies sociological theories on the causes of violence as well as peacebuilding/nonviolence literature to three case studies: 1) Las Madres de la Plaza de Mayo through a Christian Liberation Theology perspective; 2) the Islamic revolution in Iran; and 3) the Gandhian/Buddist Sarvodaya Movement in Sri Lanka. These case studies illustrate the role that religion plays in nonviolent efforts to attain human rights recognition and suggest that marginalized voices may be heard as peacebuilding literature and nonviolent rights recognition helps us transcend the human rights dichotomy. This paper’ s main purpose is to break violence’ s monopoly on the discourse of social change and to allow room for nonviolent movements to contribute to the dialogue.

Family law, particularly in the area of marriage and divorce, has historically been strongly influenced by religious laws. In secular countries, which have a constitutionally mandated separation of religion and state, such as the US, there is nonetheless a strong impact of a variety of religious traditions and religious laws on the institution of marriage. A review of relevant legal jurisdictions on issues related to marriage and divorce reveals that civil court judges are often called upon to refer to religious law as it affects the rights and obligations of the parties. Members of various religious communities who wish to exit their marriages often turn to their clergy for information and counseling before they seek legal representation. In countries which have varying degrees of religious law as part of their legal systems, it is the area of marriage and divorce, which receives the most input from traditional or religious sources today. This is due to the fact that on a practical, everyday basis, marriage and divorce is the area where religious law has the most impact. Thus in countries like Iran, Islamic Law determines the rights and obligations of the parties to a marriage as well as at the time of dissolution of the marriage.

Throughout the European Union the concept Human Dignity plays an important role in theoretical debates on human rights. One main reason for this is the UN-Declaration of Human Rights, in which Human Dignity is mentioned explicitly. Another reason is that the reference to Human Dignity is essential to those passages of the Constitution of the Federal Republic of Germany in which Human Rights are introduced. The discussion of Human Dignity is interdisciplinary, but focuses especially in social and applied ethics: We have to treat humans in such a way, because they have a peculiar dignity. All humans have special rights, because they are objects of human dignity. But what does Human Dignity really mean and how can it be explained theoretically?

The paper argues that the approach taken to freedom of religion under future German law falls short of basic legal principles and it does not signal compliance with international obligations. Moreover, it entails an increased difficulty for non-Christian citizens to maintain their religious identity. Religious freedom is protected under Art. 4 of the German constitution: “ (1) The freedom of faith, conscience and the freedom of religious denomination and of philosophy of life are inviolable. (2) The undisturbed practice of religion is guaranteed. ” A further relevant provision is Art. 3 of the constitution, which prohibits discrimination, inter alia on grounds of religion. The paper will explain and analyse the mechanisms in which human rights can be restricted in the FRG.

Islam claims that it is not a new religion founded by Mohammad (PBUH), but one which reaffirms the core tenets of belief in Oneness of God and individual human accountability in the Hereafter, that all true Messengers of Allah preached among all peoples of the world at all times, though the Shariah differed according to the space-time specific requirements. Mohammad, however, affirmed that he was the last Prophet and that Islam is the religion ordained by Allah for all mankind for all times to come, thus abrogating all previous religious creeds. In spite of such a claim of exclusive truth, the revelations received by Mohammad directed and assured him again and again that there could not be any compulsion in religion, as the Quran had made the right way distinct from the error, and it was for the individual to choose his creed in accordance with his reason and conscience.

Since 1962 Human Right Commission the issue of women’ s right has gathered a great deal of attention and as the result three international women conference have been held. The first took place in Mexico 1975 and the last one in Beijing ended with the ratification of Beijing document, . CEDAW has been ratified by many countries of the world including Saudi Arabia. In Iran however, the ratification of the document has become an issue of debate. In spite of the fact that Iran has taken many steps to improve the position of women compared to countries like Saudi Arabia, the fact that Iran has not yet ratified CEDAW this provides ammunition for those who wish to isolate Iran and put Iran under international pressure. There is no doubt that signing the document could not put an end to such pressures but the type of pressure will be far less and its nature will be different. This is because much of the problems that women face in Iran are common to the region and in fact common to women throughout the South. Iran’ s isolation will only hurt its international image and give further opportunity to those who benefit from portraying Iran black.

This presentation centres on the problematic of “ identity” and the extent to which the republican Turkey has managed to gather the people around the state-imposed identity of “ Turkishness” . This theme is explicated by reference to the two main challenges to the privileged role that Turkishness was accorded since the foundation of the republic in 1923: the upsurge of Islamic identity, and the manifestation of Kurdish identity. This paper argues that human rights violations in Turkey are not simply to be blamed on bad laws, ruthless governments and bad bureaucracy, but are the outpourings of a deeper malaise reflecting the politics of identity therein. It is argued that the more the individual and collective identities are “ liberated” from the much-politicised homogenizing identity that idolizes the “ nation” and the “ state” , the more tensions and human right violations will subside through accommodating practices.