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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2014
  • Volume: 

    15
  • Issue: 

    41
  • Pages: 

    169-206
Measures: 
  • Citations: 

    0
  • Views: 

    5245
  • Downloads: 

    0
Abstract: 

The efforts made by human Rights scholars has led to its classification according to the notion of “generational human Rights”. Such generations include; the first generation (negative Rights), the second generation (positive Rights) and the third or solidarity Rights which is also referred to as Collective Rights based on which some regard it as body of Rights belonging to group of people or masses. On the contrary, some scholars believe that masses may not enjoy Rights as such. Considering the criticism targeted against the third generation of human Rights, some scholars do not recognize it as Rights, but instead a set of moral virtues or universal values, while there are others that maintain that the third generation of human Rights is essential as to compensate for deficiencies attributable to the first and the second generations. Notwithstanding the above, the question has yet remained as to the true nature of third generation of human Rights. This paper shall attempt to study the third generation of human Rights concept, besides reviewing the criticism targeting the same.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    3
  • Pages: 

    195-222
Measures: 
  • Citations: 

    0
  • Views: 

    58
  • Downloads: 

    11
Abstract: 

The institution of public Rights is mentioned in Article 156 of the Constitution as one of the major goals of the judiciary in order to realize the Rights of the people. There are various aspects to this legal institution including the principles, definition and nature of dissent. The views of Islamic scholars are among the theoretical foundations of the institution of public law. On the other hand, one of the ways to reach a consensus on the institution of public Rights is to explain the legal institution similar to Collective Rights in the sense of "public Rights" in international as well as Western views and doctrine. Employing a descriptive-analytical method, the present study draws on the explanation of the views of Islamic and Western thinkers, and seeks to pinpoint the extent of quality and quantity to which the two public Rights-Collective Rights institutions are similar. In this research and in each section, the nature, definition and principles of each of the legal institutions of public Rights and Collective Rights from the perspective of Islamic and Western thinkers have been studied and analyzed. Based on these analyses, it has been determined that based on the reading of the beliefs and ethics of the Islamic Foundation, public Rights encompasses a wide range of individual and socialized Rights and is more in line with Collective Rights than the readings of Sharia and jurisprudence based on public Rights- which, of course, contains only the socialized individual Rights.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    51
  • Issue: 

    4
  • Pages: 

    1289-1307
Measures: 
  • Citations: 

    0
  • Views: 

    118
  • Downloads: 

    0
Abstract: 

Human Rights violations include a large number of victims, often with similar injuries. This issue concerns the European Court of Human Rights with the issue of repetitive applications and excessive length of proceedings. The use of PilotJudgment Procedure and Class Action are solutions that the Court has been taken to ensure the speed of the trial. The main purpose of this paper is to examine these two methods of dealing with human Rights violations and existing judicial procedures concerning them. Finally, it will be determined that these two methods of treatment will allow the Court to have a quick and effective hearing, but the manner in which the European Court of Human Rights uses them and the ambiguities regarding in way they are applied, violate the right of individual petition.

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Author(s): 

Journal: 

Soc Policy Soc

Issue Info: 
  • Year: 

    2019
  • Volume: 

    19
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    56
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ADELYN LIM

Issue Info: 
  • Year: 

    2008
  • Volume: 

    9
  • Issue: 

    4
  • Pages: 

    319-331
Measures: 
  • Citations: 

    1
  • Views: 

    126
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ELLISON G. | MARTIN G.

Issue Info: 
  • Year: 

    2000
  • Volume: 

    51
  • Issue: 

    4
  • Pages: 

    681-699
Measures: 
  • Citations: 

    1
  • Views: 

    128
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

NAZERI NAJMEH

Issue Info: 
  • Year: 

    2020
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    246-251
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    26
Abstract: 

“, Collective Rights and Digital Content: The Legal Framework for Competition, Transparency, and Multi-Territorial Licensing of the New European Directive on Collective Rights Management”,is a part of Springer Briefs in Law book series written by Clá, udio Lucena, a Brazilian researcher at Paraí, ba State University. This book was published in 2015, and divided into 5 chapters. In the first chapter, we have an introduction and the last one is the Conclusion. Thanks to digital technologies wide growth social, cultural, and economic interaction is completely transformed. The impact of collaboration tools in the activity of creating intellectual content transformed the way Collective management organizations operate and current market requirements demand legal adaptation to face this new reality. The last conclusion in this book emphasizes on necessity of global copyright database’, s formation, which is based on European legal and cultural matter. While nonEuropean areas are completely deferent and it would be a great challenge. These countries also need to be examined in terms of their own cultural, political, economic and technical infrastructure, then we would have a real global copyright database.

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Author(s): 

Moeinifar Mohaddeseh

Issue Info: 
  • Year: 

    2025
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    21-46
Measures: 
  • Citations: 

    0
  • Views: 

    7
  • Downloads: 

    0
Abstract: 

Human procreation and its various features are among the most important topics worldwide. One of the areas of this analysis deals with international human Rights documents because these documents show international trends in reproductive Rights. Therefore, this paper aims to prepare a venue to understand the definition, nature or entity, scope and content, right - holder and duty bearer, and the obligations of duty-bearers regarding others’ reproductive Rights in international human Rights organizations. The findings indicated there is no specific and agreed definition of reproductive Rights in these human Rights documents. The theories (Hohfeld’s theory about a right, the Will - Choice Theory, and the Benefit - Interest Theory) cannot justify the nature of reproductive Rights well. There are many epistemological challenges regarding the content and the scope of these reproductive Rights and related states’ obligations in those treaties, which made the realization of these reproductive Rights difficult or even impossible.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

RAMAZANI GHAVAM ABADI MOHAMMAD HOSAIN | MIRIAN SEYEDEHSARA

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2023
  • Volume: 

    26
  • Issue: 

    101
  • Pages: 

    139-166
Measures: 
  • Citations: 

    0
  • Views: 

    151
  • Downloads: 

    34
Abstract: 

Climate change, as one of the most important problems of the present age, causes a lot of damage to the realization of human Rights. The relationship between these two categories, although not mentioned in the main and binding sources of human Rights, but with a deeper look at the consequences of this global problem, we can see that today there is a very important relationship between the possibility of human Rights and climate change. This will affect both individual and Collective human Rights, create many obstacles to their realization, and raise issues that require addressing human Rights in a new light. In this area, the practice of states and international courts is also significant. With regard to these points, the present article, by considering the existing documents and procedures and the various aspects of human life, in order to take a more realistic view of the issue of the realization of human Rights in the present age, will examine the effects of climate change on the realization of various human Rights and will try to Highlight human Rights crises affected by this phenomenon and have been overlooked in its basic discussions.

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Author(s): 

ZARKALAM SATTAR

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    20
  • Pages: 

    81-100
Measures: 
  • Citations: 

    0
  • Views: 

    538
  • Downloads: 

    0
Abstract: 

Without any doubt, France is the first country to have achieved the Collective management of creators and performers' literary and artistic Rights. The management of artistic and literary property right is administrated within Collective management civil companies (receipt and distribution companies); however, these companies are inspired by some rules of business companies. The structure of Collective management companies in French law has some properties compared to other civil companies. The role of right management can be described in one sentence as "the optimized right management which the authors and other literary and artistic law holders benefit from". This role is expressed through three different contractual relations; the relation between the Collective management company and its members, the relation between these companies and the users, and the relation between the Collective management companies together. In some cases, the transfer of French law's experiences to Iran's law can be considered useful with regard to the characteristics of the domestic law and cultural needs.

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