The effectiveness of behavior monitoring criteria and discriminatory rules in the international human rights system with a glance to religious teachings

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Hoseyni Seyyed Mohammad; Fazaeli Mostafa; Mousavi Karimi Seyyed Masoud

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Journal Paper

Paper Information

Journal: HUMAN RIGHTS Year:2023 | Volume:18 | Issue:1 Page(s): 37-58

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Information Journal Paper

Title

The effectiveness of behavior monitoring criteria and discriminatory rules in the international human rights system with a glance to religious teachings

Author(s)

Hoseyni Seyyed Mohammad | Fazaeli Mostafa | Mousavi Karimi Seyyed Masoud | Issue Writer Certificate

Keywords

Anti-discrimination rights

Equality

Deontology

Teleology

Goodwill

good behaviour or deed

Abstract

AbstractAt the first glance, discrimination concept is so clear that no other clearer definition could be presented but its own definition. But in practice, it turns into a complicated and unresolved issue. Some rules are not apparently discriminatory but they lead to some discriminatory effects. Sometimes, internal intentions turn neutral actions into discriminatory behavior and some other times, positive measures which have been adopted to be compatible with Equality turn into discriminatory behaviors in the end. It is essential for human right organizations and institutions and a main goal for the current research to present an evaluation criterion to determine whether a legal regulation or an action is discriminatory or not. In this research, three evaluation models (the model based on deontological point of view, the teleological model-trace consequences- and finally the model based on religious teachings-Islamic view) have been presented which have been successful to recognize real discrimination. This research has analyzed the human right documents and popular points of view in international courts.

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