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Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2022
  • Volume: 

    23
  • Issue: 

    74
  • Pages: 

    213-239
Measures: 
  • Citations: 

    0
  • Views: 

    283
  • Downloads: 

    64
Abstract: 

Since non-compliance with human rights at sea is not tangible to what is happening on land, it doesnot receive much attention from the international community. While human rights must be taken into account at sea as much as they are on land. Given the fragmentation in international law, the relationship of human rights and law of the sea has provided the necessary grounds for the humanization of the law of the sea. One of the reasons for the fragmentation in international law is the creation of self-contained regimes. Undoubtedly, among these systems are human rights and law of sea, each of which has its own resources and mechanisms, and the collision of these systems with each other in the international system is inevitable. The interaction of the law of the sea with human rights can be seen as an opportunity to develop international law in order to further develop the rule of law. The purpose of the law of the sea is to regulate the relations of states at sea, but our intention is to go in the opposite direction and write about the relation between individual and state in this arena and the interaction between human rights and the law of the sea.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    54
  • Downloads: 

    0
Abstract: 

This research article examines legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

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Author(s): 

Rae Dehghi Hajar

Issue Info: 
  • Year: 

    2022
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    54-72
Measures: 
  • Citations: 

    0
  • Views: 

    645
  • Downloads: 

    0
Abstract: 

The presence of ships and people in the sea raises the issue of compliance with the principles and rules of human rights by coastal countries and port owners, especially when ships are seized or people are in danger at sea. One of the most important related fields of international law in this field is the law of the seas. The law of the seas has a history as old as being at sea, however, little attention has been paid to the ability to apply and enforce human rights rules at sea. Yet, important documents on the law of the sea, including the Convention on the Law of the Sea, have paid attention to the application of human rights rules at sea. Many commentators have argued that some of the provisions of the Convention on the Law of the Sea embody human rights principles that have not been effectively used to their full potential to date. Although the identification and implementation of human rights rules in the light of the principles and rules of the law of the sea is somewhat difficult and complicated, nevertheless, the Convention on the Law of the Sea has also approved human rights rules in some of its provisions. It is an important issue whether people at sea have human rights and whether governments are obliged to protect these rights and ensure that people enjoy these rights. This article discusses the human rights considerations in the Convention on the Law of the Sea and the judicial procedure of the International Court of Law of the Sea in this field.

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Author(s): 

Moeinifar Mohaddeseh

Issue Info: 
  • Year: 

    2025
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    21-46
Measures: 
  • Citations: 

    0
  • Views: 

    74
  • 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.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    5
  • Issue: 

    19
  • Pages: 

    73-96
Measures: 
  • Citations: 

    0
  • Views: 

    2177
  • Downloads: 

    0
Abstract: 

The influence of human rights in private law or in other word constitutionalization of private law is relatively a new debate in legal reasoning that constitute the subject of this research. Applying human rights in private law depends on context, legislator and judge, and reasoning method.The reaction of different legal systems in this matter is not the same. Direct application, indirect application, judicial application, and non-application is brief of these reactions. Legal system of Iran is capable for direct application of human rights in private law. Although the courts do not use this capacity. Due to distributive justice and for modification of freedom of contract principle, we can apply the human rights and fundamental rights capacity. The human dignity is the concept that enforceable in evaluation of contractual terms and unwaivable [S1] rights so that infringe of human right can be regarded as opposite of public policy. In this research the methods and contexts of constitutionalization of private law has been examined.

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Author(s): 

Shenhav Sharon

Journal: 

HUMAN RIGHTS

Issue Info: 
  • Year: 

    2020
  • Volume: 

    15
  • Issue: 

    1 (29)
  • Pages: 

    127-143
Measures: 
  • Citations: 

    0
  • Views: 

    3897
  • Downloads: 

    0
Abstract: 

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.

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Author(s): 

ESLAMI REZA | GOLPOUR SOHEILA

Journal: 

PUBLIC LAW RESEARCH

Issue Info: 
  • Year: 

    2013
  • Volume: 

    15
  • Issue: 

    40
  • Pages: 

    71-114
Measures: 
  • Citations: 

    0
  • Views: 

    1514
  • Downloads: 

    0
Abstract: 

This article briefly studies the historical background as well as the opinions of some scholars with respect to tolerance, as a human virtue and a moral and political value. It argues that tolerance originates from human dignity and respect and that societies are advised not only to tolerate the differences among individuals and ethnic groups but also value these differences. Further it reviews the available instruments in International human rights law touching on the requirement of peaceful coexistence among social groups and minorities. It then examines in particular, the UNESCO Declaration on Principles of Tolerance. Finally it stresses the need for education in promoting tolerance in societies where social groups initiate dialogue primarily in order to eliminate prejudice, hatred and discrimination off societies, and eventually promote the notion of peace among citizens.

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Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2006
  • Volume: 

    11
  • Issue: 

    2 (52 LAW)
  • Pages: 

    3-24
Measures: 
  • Citations: 

    0
  • Views: 

    3291
  • Downloads: 

    0
Abstract: 

The increased importance of intellectual property rights (IPRs) in recent years has led to an active debate on the relationship between these rights and human rights. The proponents of strong protection of IPRs use human rights discourse to support their position. On the other hand, human rights bodies who see the strengthened protection of IPRs as affecting the enjoyment of human rights believe that IPRs in their present form do not stand as human rights. The present paper attempts to examine the status of IPRs in international human rights law. The right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which he is the author is recognized in both Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. But the exact scope of the right is yet to be clarified. By analyzing the Declaration and the Covenant, the paper conveys the view that IPRs are human rights and impose obligations on States to protect them. The authors are of the opinion that the scope of the protection of IPRs must be determined in the light of other human rights.    

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Author(s): 

MOMTAZ J. | GHORBANNIA N.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2006
  • Volume: 

    12
  • Issue: 

    1 (55 LAW)
  • Pages: 

    2-18
Measures: 
  • Citations: 

    0
  • Views: 

    585
  • Downloads: 

    0
Abstract: 

Some have argued that there exists a real and meaningful difference between the normative frameworks of human rights and humanitarian law This difference rests on the fact that human rights law is centered on granting rights to the individual, while humanitarian law protects the interests of the individual through means other than granting rights. This article analyses and compares the normative frameworks of international human rights law and humanitarian law by examining the way in which each is constructed to achieve its purpose, whether in the first case, granting fundamental rights to the individual or in the second the alleviation of human suffering in times of armed conflict. We examine, first, whether individuals are rights – holders under humanitarian law, and, secondly, the general pattern of protection in that legal system.

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Author(s): 

GRIFFIN J.

Issue Info: 
  • Year: 

    2001
  • Volume: 

    101
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    99
  • Downloads: 

    0
Keywords: 
Abstract: 

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