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Author(s): 

GHORBANNIA N.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    4
  • Issue: 

    1-2
  • Pages: 

    131-139
Measures: 
  • Citations: 

    0
  • Views: 

    1853
  • Downloads: 

    0
Abstract: 

Background: Today Life technology has been developed both in national and international level. In the Light of Fast Progress of life technology, respect to principles of bioethics became necessary. Vienna declaration and program of Action of the world Conference on human rights (1993) emphasizes in para. 11: "Everyone has the right to enjoy the benefits of scientific progress and its applications. The world Conference on human rights notes that certain advance, notably in the biomedical and life sciences as well as in information technology, may have potentially adverse consequences for the integrity, dignity, and human rights of the individual and calls for international cooperation to ensure that human rights and dignity are fully respected in this area of Universal concern.Conclusion: General conference of UNESCO in the scope related to bioethics has adopted Universal Declaration on Human Genome and Human Rights (1997) and International Declaration on Human Genetic Data (2003) that their codification is excellent and their content is comprehensive, logic and transparent. But the third declaration which has been adopted by UNESCO under the title of "Universal Declaration on Bioethics and Human Rights" has some problems, such as structural Problem, Lack of attention to obligations of individuals, incorrect expression of purpose of declaration and principles of bioethics and also nondiscrimination principle. Fundamental principles of bioethics have not been explained well, Principle of consent has been considered as absolute and also declaration has addressed states and has not paid enough attention to obligation of individuals.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    14
  • Issue: 

    36
  • Pages: 

    111-124
Measures: 
  • Citations: 

    0
  • Views: 

    3593
  • Downloads: 

    0
Abstract: 

This research seeks to analyze the content of the Qur'an and the Universal Declaration of Human Rights and their comparison in relation to women and their social and legal status. In Islamic countries, especially Iran dominant look, this is a unique role and position of women in Islam and human identity have been and because people do not see the right legislation and right to legislate exclusively reserved for God knows; they had critisize to the decleration. The Author believes that by looking at structural and according to the terms "cultural" and "social" itself, and the dignity of each human being have made and both have been human apprehension, and would be favored. In order to test this hypothesis, the use of structuralist theory, to define the concepts of Rights and Law, aims to increase both the human personality and in this case, "woman" knows by space and time and concludes that the interests and legal position of women in the balance between the two elements of time and space.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    57-74
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

Various perspectives exist regarding human rights in the Qur'an and other Islamic sources. The issue of human rights is considered one of the most important and prominent topics in human life, particularly in the Holy Qur'an and Islamic Sharia. The present paper aims, through a library-based and analytical method, to compare and examine the Universal Declaration of Human Rights in light of Islamic teachings, identifying and analyzing points of conflict. The findings revealed that the rights outlined in the Universal Declaration of Human Rights are not comprehensive. Human rights in Islamic teachings are superior due to their holistic nature and the dominance of divine law in their formulation. Despite the numerous commonalities between the legal foundations in Islamic teachings and those in the Universal Declaration of Human Rights, the differing perspectives on the origin of rights and the nature of humanity have led to significant divergence. The drafters of the Declaration generally adopt a one-dimensional approach in the context of civil society and do not pay adequate attention to the divine, spiritual, and eschatological aspects of human existence. In other words, the Universal Declaration of Human Rights is largely anthropocentric, whereas human rights in Islamic teachings are fundamentally theocentric.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    3
  • Issue: 

    10
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    119
  • Downloads: 

    0
Abstract: 

Humane rights are a continuum of natural rights that All human beings have it because they are human. The creators of global statements of human rights, have arranged the articles of humane rights and have passed them by the united nations general convention. There are various points about human rights in Islamic sources. . In this article, , the Nahj-ul-balaghe is used in order to obtain human rights of Imam Ali (peace be upon him); in which we can find the principals and understandings of humane rights and the way if its application. In this research, we try to use the descriptive-analytical method based on the book of Nahj al-Balaghah to Compare Imam Ali's (as) human rights perspective with articles on human rights in the Universal Declaration of Human Rights. The result of this comparison and study is that there are some similarities in these two resources but because of difference in rights reference of each one, there are some differences in some of the rights. The objective of this research is to match the humane rights statements of Nahj-ulBalaghe with mentioned rights and grants in the statement articles, so as to illuminate the weaknesses and strength of this statement.

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Author(s): 

Bahreini Ali | GHARI SEYED FATEMI SEYED MOHAMMAD

Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    2
  • Pages: 

    519-535
Measures: 
  • Citations: 

    0
  • Views: 

    211
  • Downloads: 

    0
Abstract: 

The review of the contents of the Universal Declaration of Human Rights from a legal and philosophical point of view, helps us to better understand the process that led to the compilation of this Declaration. In this context, one important point is to find out what foundations and theories the Declaration is based on, or, in other words, what is the worldview of the Universal Declaration. The most important question in this regard is whether the Universal Declaration essentially defines human beings and, if so, how is this definition. This article will describe the characteristics which Universal Declaration of Human Rights enumerates for humankind, and then explain how such a definition of man's nature has been shaped through the dialogue between different viewpoints. We will find out how to interpret the definition of the Universal Declaration of Human Rights from human beings. The Universal Declaration of Human Rights introduces human beings as a being of wisdom and conscience that is born free and equal and enjoys an inherent dignity which is the basis of man's enjoyment of human rights. This view is a result of the conceptual agreement between representatives of various legal and philosophical schools.

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Journal: 

POLITICAL QUARTERLY

Issue Info: 
  • Year: 

    2020
  • Volume: 

    49
  • Issue: 

    4
  • Pages: 

    1175-1191
Measures: 
  • Citations: 

    0
  • Views: 

    310
  • Downloads: 

    0
Abstract: 

On the occasion of the 70th anniversary of the Universal Declaration of Human Rights, in this paper, the role of the Declaration in development of regional instruments and mechanisms is being examined. So far, five regions in the world (Africa, Americas, Europe, the Islamic-Arabic region and Asia-Pacific) have been inspired by the Universal Declaration of Human Rights and established their regional arrangements, such as instruments and mechanisms for monitoring and enforcing human rights, including declarations, commissions and special courts of human rights. In these regional arrangements, while maintaining the principles and values set forth in the Universal Declaration of Human Rights, regional features such as philosophical foundations, values, norms, concerns and local and regional needs are taken into account. For this reason, the establishment of regional arrangements, in addition to the development of universal human rights principles, promotes the acceptance and implementation of these principles at local and regional levels. The present study demonstrates that regional human rights systems continue to strengthen the UN system in protecting and promoting human rights at the regional level and enhancing its effectiveness.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    1
  • Issue: 

    3
  • Pages: 

    84-101
Measures: 
  • Citations: 

    0
  • Views: 

    1179
  • Downloads: 

    0
Abstract: 

Background and Aim: Science of law is an instrument to regulate the relationships between persons and subjects. Doubtlessly, today human persons as the main subjects of law also are considered as the ultimate intent of law; as the result, human rights have a very important status in the governing legal order. Materials and Methods: This is a descriptive Study. Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed. Findings: The very concept of human rights by a reading different from the current one, have been existed since the early stage of birth of philosophical thoughts; but, through the time and by the introduction of concepts such as “ government” , “ sovereignty” , “ law” , and “ rule of law” the way of human right entering the space of implementation undergone basic evolutions. Conclusion: In the text of the Universal Declaration of Human Rights, one may see how schools of philosophy, law, and politics have been crystalized in it.

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Author(s): 

ESLAMI ALI | Jahangir Zahra | KAVEH PISHGHADAM MOHAMMAD KAZEM

Issue Info: 
  • Year: 

    2021
  • Volume: 

    20
  • Issue: 

    45
  • Pages: 

    95-123
Measures: 
  • Citations: 

    0
  • Views: 

    323
  • Downloads: 

    0
Abstract: 

In today's modern world, the term freedom is very controversial while simple, so that no single definition of it can be presented. Different Islamic and non-Islamic schools have different perceptions about it, each school restricting it based on its own attitude. Some schools regard freedom as absolute, and others consider it to be conditional. The purpose of this study is to investigate the concept of freedom comparative and its implications in the Charter of Citizenship Rights of the Islamic Republic of Iran and the Universal Declaration of Human Rights, to answer these questions,is the concept of freedom and its implications applied equally in both documents? Is freedom recognized in one form in both documents? What are the limiting factors of freedom in documents? Answering these questions in the form of these hypotheses proves that the concept and implication of freedom is different in both documents, although in both documents freedom is considered as the absolute right of mankind. In the Charter of Civil Rights, a legitimate and binding freedom is accepted, while in the Universal Declaration of Human Rights, it is recognized only as binding. The limiting factors of freedom in the Declaration of Human Rights are specified by the law and respect to the rights of others, while in Citizen Rights Charter, in addition to these two, factors such as the need to observe and preserve Islamic principles, the need for religious observance, good morals are specified.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    2
  • Issue: 

    3
  • Pages: 

    41-54
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

Citizenship rights constitute one of the fundamental pillars of any civil society, providing the necessary conditions for a dignified and humane life as a set of rights and freedoms. These rights are shaped by cultural, social, and religious factors in different societies and are interpreted and implemented within diverse legal systems. Among these, Islamic jurisprudence, as a comprehensive and authoritative legal framework, plays a significant role in defining and elucidating citizenship rights. On the other hand, the Universal Declaration of Human Rights (UDHR), as an international document, outlines universal principles and standards for human rights. This declaration particularly emphasizes individual, social, and political freedoms, aiming to promote human dignity on a global scale. The analysis of citizenship rights from the perspectives of Islamic jurisprudence and the UDHR, with a focus on legitimate freedoms, explores the strengths and existing challenges in both frameworks. Islamic jurisprudence, on the one hand, emphasizes ethical and religious values, acknowledges citizenship rights, and upholds principles such as justice, equality, and respect for human dignity. On the other hand, the UDHR adopts a secular and universal approach, seeking to safeguard human rights for all individuals regardless of religion, race, or nationality. The concept of freedom as understood in Islamic legal sources is general in nature and fundamentally differs from the concept of freedom as envisioned by Western thinkers and articulated in the UDHR. While there may be similarities in meaning and scope, the foundational perspectives diverge significantly. According to the Iranian legal system, which is derived from Islamic jurisprudence, absolute freedom is not recognized. Instead, freedom must be accompanied by human dignity, an Islamic worldview, consideration of the afterlife, and the avoidance of promoting immorality and vice in society. Conversely, the notion of freedom in the UDHR is restricted by only one condition: non-infringement upon the rights and freedoms of others. It appears that the constraints on legitimate freedoms in Islamic jurisprudence and the UDHR are not identical. In Islamic jurisprudence, the concept of citizenship is formally recognized. Citizens possess various rights and responsibilities, and the government is obligated to uphold these rights and require citizens to fulfill their responsibilities.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    54
  • Issue: 

    1
  • Pages: 

    591-609
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

Common categories in the field of human rights generally refer to three groups or three generations of human rights, the first and second generations are called civil and political rights and economic, social and cultural rights, respectively. This division is mainly due to the existence of conflicting views on the nature of these two categories of rights. Economic and social rights in the international human rights literature have no long history and therefore the conceptual discussions around them are insufficient and few. This paper will make a comparative study of the views of two important international instruments on the nature of economic and social rights. The Universal Declaration of Human Rights is the most important United Nations instrument in the field of human rights and the Cairo Declaration on Human Rights in Islam, expresses an Islamic view of human rights that is also in itself critical of the universal declaration of human rights. This paper analyzes the views of the two declarations on the nature of economic and social rights, and then will discuss in detail the dimensions and characteristics of labor rights and the right to education from the perspective of the above declarations.

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