JURISPRUDENTIAL RESEARCH ON HUMAN RIGHTS
Year:2024 | Volume:1 | Issue:1|Papers Count:6

Background and Aim: The rule of prohibition of obtaining evidence has long been accepted in legal proceedings in order to observe the principles of fair trial. The purpose of this study is to explain and analyze the current status of this rule in Iranian law, relying on the human rights principles of fair trial.Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents، books and articles.Ethical Considerations: In order to organize this research، while observing the authenticity of the texts، honesty and fidelity have been observed.Findings: Regarding the rule of prohibition of obtaining evidence, there is a difference of opinion among writers and jurists regarding its legal developments. One approach believes in eliminating this rule from the legal proceedings process, while others believe in the existence of the aforementioned rule as a priori.Conclusion: The results of this study show that the rule of prohibition of obtaining evidence has been modified in light of legal developments. In other words, due to the prevailing conditions of "specialization of relations between subjects of law and consequently legal norms", the aforementioned rule has become less relevant in specialized lawsuits such as commercial lawsuits, with the increase in the tools and powers of the judiciary.

Background and Aim: Human dignity is one of the fundamental principles of human rights, which serves as the basis for many human rights and privileges. This right is not only inalienable but also regarded as a cornerstone of human rights. Some secular intellectuals believe that Islamic rulings, such as qisas (retribution) and divine punishments, are violent in nature and conflict with human dignity. This study examines whether Islamic punishments are in conflict with human rights and the inherent dignity of humans. Materials and Methods: This research was conducted using a descriptive-analytical method, with data gathered from credible library sources. Ethical Considerations: Throughout the research process, ethical principles, including the authenticity of texts, scientific honesty, and integrity, were maintained. Findings: Human dignity and human rights are principles endorsed by Islam. However, their scope should not be limited solely to criminals and murderers. While criminals, too, possess rights as humans, the dignity and rights of the victim and those harmed by the crime should not be overlooked. They also have human rights that have been violated by the crime. Conclusion: From a rational perspective, the implementation of divine punishments and qisas is in line with upholding the dignity of the victim and their heirs. Justice and human rights require that a murderer, who has deliberately violated the dignity and right to life of another, not have their dignity respected in this regard, a principle that Islam also emphasizes.

Background and Aim: The world of law is a tool for regulating relations between individuals and subjects. Undoubtedly, human persons are currently considered the main subject of law and at the same time the goal of law. Accordingly, human rights have a high position in the ruling order of today. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: Considering the issues that philosophy seeks to define and answer the concept of what it is, including the concept of man and his being human; human rights should be considered related to philosophy from the birth of philosophical thoughts. However, the entry of concepts such as government, sovereignty, law, the rule of law, as well as the way in which human rights enter the space in which legal rules are implemented, has caused fundamental changes in the philosophical discussions related to it. Also, man and his relationship with God and other humans have been among the issues that Islamic philosophical schools have also addressed. Conclusion: although Islamic philosophical schools were not explicitly mentioned at the time of drafting and approving the Universal Declaration of Human Rights, this declaration does not conflict with the method of Islamic philosophers.

Background and Aim: The right to housing, like most citizenship rights in Iran, has faced numerous obstacles and challenges, and the real and desirable realization of this right depends on removing the aforementioned obstacles. The following research examines the obstacles to the right to desirable housing in Iran. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: Shelter and housing are basic human needs, and quality of life is meaningless without addressing this need. The right to housing is linked to the right to public order, peace, and social security, which are important principles in public and human rights and are at the forefront of human rights discussions. Conclusion:The concept of the right to housing encompasses in addition to physical possibility the entire residential environment, which includes the components specified by the Committee on Economic, Social and Cultural Rights in seven cases. If individuals are well-enjoyed by this right  it is a guarantee for the continuation of the principle of democracy in society.

Background and Aim: International environmental law is considered as one of the branches of international law, for its development and formulation, the model of development and formulation of other branches of international law, which is the same movement from recommended law to substantive and hard law, was used. However, over time, the institution of sovereignty acted as a fundamental and impenetrable obstacle to the development and formulation of international environmental law. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: Various mechanisms of international law to modify the concept of sovereignty proved completely ineffective due to the macro-economic use of the environment by governments, and inevitably efforts were initiated to modify sovereignty from within. The research findings show that national law, and specifically the foundations of its approach to the environment, served as the main tool for adjusting the national sovereignty of states. Conclusion: Value-based and religious approaches to the right to a healthy environment in the national legal system and the responsibility to preserve it in international documents and practice have been crystallized, and as a result of this approach, the national sovereignty of states has been greatly modified through national legal mechanisms. These approaches have even been effective in the practice of international authorities. These approaches have even been effective in the practice of international authorities.

Background and Aim: International law has established mechanisms for addressing global crises, aiming to resolve disputes between states amicably and peacefully. Despite its significant role in conflict management and dispute resolution, international law appears to lack effectiveness in certain cases, such as the Russia-Ukraine conflict. The solutions provided by the international legal system seem to face serious challenges and fail to demonstrate the necessary efficiency and impact. Materials and Methods: This study employs a descriptive-analytical approach, relying on data collection through note-taking and qualitative analysis. Ethical Considerations: The researcher is committed to maintaining the originality of texts, ensuring academic integrity, and adhering to scientific honesty throughout this study. Findings: The inefficacy of the international legal system in armed conflicts has led to widespread violations of human rights, necessitating structural reforms in the enforcement of laws, strengthening of oversight institutions, and minimizing the influence of political interests. Without these reforms, the protection of human rights in warfare will continue to face serious challenges. Conclusion: A comparative analysis of Islamic jurisprudence and international legal frameworks in the context of protecting human rights during armed conflicts reveals significant alignment in fundamental principles such as the protection of civilians, humane treatment of prisoners, prohibition of weapons of mass destruction, and the necessity of justice and proportionality in warfare. However, discrepancies arise due to differences in foundational concepts and underlying philosophies.