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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.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    1
  • Pages: 

    335-370
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    0
Abstract: 

The right to freedom of assembly has been emphasized in international instruments as a human right. Findings of international human rights tribunals have complemented the international Instruments as judicial procedure. No international human rights tribunal on a global scale has been established among the international tribunals. However, among the international tribunals on a regional scale, some courts have established procedures on freedom of assembly. This article through a descriptive-analytical method seeks to examine restriction criteria for the freedom of assembly in the procedure of European Court of human rights. The research hypothesis in the article is that the European Court of human rights has accepted the minimum restrictions on freedom of assembly by states by meeting criteria higher than those set out in Article 11 of the Convention. The article after elaborating the judicial Procedure of this Court concludes that: First, national security considerations in exceptional circumstances can restrict freedom of assembly,Second, the freedom of assembly has priority over reasonable violation of public order, Third, the freedom of assembly should not restrict the rights and freedoms of other civilians (except as normal),Forth, states should tolerate organizers of associations.

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Author(s): 

RAHMDEI M.

Journal: 

Social Welfare

Issue Info: 
  • Year: 

    2004
  • Volume: 

    3
  • Issue: 

    13
  • Pages: 

    13-40
Measures: 
  • Citations: 

    4
  • Views: 

    2175
  • Downloads: 

    0
Abstract: 

Some people believe that some persons who breach Social Norms or commit a crime must be under some harder limitations in the society and they are not entitled to have all the human rights. But, we must deny this belief. Because, the right of the society to perform. Some restrictive provisions against the offenders do not mean that the society has the right to deprive them of human rights, but also. The society has a duty of respecting these rights.One of the social groups, are the persons, who are labeled of addiction. This label, irrespective of Legal effects, because of society's negative opinion on addicts, in itself, is restrictive and when we consider it criminal, the limitations become twofold.The case in this essay is, if the legislator is right to deprive the addicts from human rights Have Iranian Legislators respected addicts human rights? How much? If not, why? Or the legislator, in practice, these rights and the provisions are not in contradiction with human rights.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • 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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Title: 
Journal: 

Imam Ali ΄s Studies

Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    24
  • Pages: 

    31-67
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    15
Abstract: 

In order to preserve and value the fundamental rights of individuals, and to reduce the burden of oppression on vulnerable groups, the international community today has taken over the international agreements that often reflect the general principle of non-discrimination in the Universal Declaration of human rights. Many scholars believe that although Western schools have often addressed the status and promotion of the term human rights, they are not the main originators of it. The history of human rights well be traced back in the divine religions, especially in the religion of Islam.The purpose of this paper is to investigate how to support vulnerable groups in the international community in compliance with the international law, explain them legally, and the dire necessity of addressing them to adapt to the views of Islam and the teachings of Imam Ali (AS). This descriptive-analytical study shows the weaknesses of many human thoughts that have tried to correct it by trial and error, while in the sermons, letters and statements of the revered Imam, vulnerable groups have always been taken into consideration and the Imam has prevented discrimination among individuals through education in their human rights.

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2019
  • Volume: 

    20
  • Issue: 

    62
  • Pages: 

    9-37
Measures: 
  • Citations: 

    0
  • Views: 

    836
  • Downloads: 

    0
Abstract: 

"public morality" is one of the most important restricting concepts of human rights and freedoms, Despite its inclusion in many human rights instruments, there is no precise definition and clear explanation of its meaning and conditions for imposing its limitations on individual rights. To avoid arbitrary restrictions to these rights, and in the absence of laws and regulations that can provide a complete and comprehensive formulation of the conditions for the application of general ethical constraints on individual rights, the reference to the case laws of the European Court of human rights (ECHR) as a leading, active and innovative institution in the field of human rights could be promising. In context of conflicts between individual rights and public morality, ECHR has adopted different approaches: regarding conflict between individual and sexual morality, mostly public morality overcomes individual rights, although in homosexuality cases, unlike the usual case laws, ECHR prefers individual rights to public morality. In non-sexual case laws, united approaches cannot be deduced from ECHR precedent. Although the lack of a definition of public morality and the granting of "broad margin of appreciation" to member states in defining the concept of universal morality and its implications are the greatest weaknesses of the ECHR precedent, the precise formulation of the conditions for imposing restrictions is one of the greatest achievements of the Court.

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Author(s): 

JAFARI ALI AKBAR

Issue Info: 
  • Year: 

    2015
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    1-17
Measures: 
  • Citations: 

    0
  • Views: 

    1469
  • Downloads: 

    0
Abstract: 

human rights in Shiite Government have heavenly origin, which are blended with natural rights and human conscience. The approach of Shiite Government using Islamic religion looks at the future but learns from the past. The concept of human rights as one of the subjects of international regimes (states) has historical background in present world system. All bibles (holy books), particularly Quran, Kurosh’s charter and his eminence Ali’s lectures referred to basic concepts of human rights in different dimensions and emphasized on following these principles in their management approach. In this study, it is tried to consider the historical background and the systems of human rights, bible and fundamental concepts of human rights in Alavi management, such as life right, freedom right, equality right and human munificence right. Our findings will indicate that practical function of these concepts has a special position in Alavi management and it is significant in Islamic republic management of Iran. Therefore, on the consideration of the latest theories of International relations, Shiite Government can be a pattern for other political systems of the world.

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Author(s): 

TERLINGEN YVONNE

Issue Info: 
  • Year: 

    2007
  • Volume: 

    21
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    124
  • Downloads: 

    0
Keywords: 
Abstract: 

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2019
  • Volume: 

    21
  • Issue: 

    84
  • Pages: 

    191-213
Measures: 
  • Citations: 

    0
  • Views: 

    772
  • Downloads: 

    0
Abstract: 

"public morality" or "public morals" are mentioned as a legitimate aim that justified restriction of some rights granted by the instruments for the protection of rights and fundamental liberties, both in a national and in an international context. To avoid arbitrary restrictions to these rights, it is important to understand its meaning and to perceive conditions and limitations on use of restrictions on rights. To achieve this goal, this article refers to some principles that public morality can rely them to be efficient and democratic public morality and has the ability and capacity of restriction of individual rights and liberties. the principle of publicity, the principle of rationality, the principle of autonomy, the principle of freedom and the principle of tolerance are these principles that the lack of one or all of them, makes public morality to inefficient and undemocratic public morality that can not restrict individual rights and liberties.

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Author(s): 

Wellman Carl

Journal: 

human rights

Issue Info: 
  • Year: 

    2019
  • Volume: 

    14
  • Issue: 

    1 (27)
  • Pages: 

    189-203
Measures: 
  • Citations: 

    0
  • Views: 

    2008
  • Downloads: 

    993
Abstract: 

Several international human rights documents purport to affirm women’ s rights. But can women’ s rights really be human rights? The problem is not whether women can possess human rights. Women are human beings and therefore can have all the human rights that men can have. But if there are any special women’ s rights, then presumably these are rights they possess as women, not as human beings, while human rights are rights one possesses as a human being, not in some other capacity such as a citizen, a creditor or a woman. Hence, women’ s rights would seem not to be human rights. (1) Perhaps women’ s rights are human rights possessed equally by men and women but of special importance to women. Thus, the right to freedom from discrimination is a right of all human beings, but might be declared to be a woman’ s right because women are more often subjected to discrimination than men. But this explanation does not fit a woman’ s right to special protection from harmful work during pregnancy. (2) Perhaps women’ s rights are conditional human rights like the human right to social security if one becomes incapable of earning a living. But this cannot explain a woman’ s right to paid maternity leaves. At this point one might conclude that special women’ s rights, important as they may be, are not human rights. However, I shall propose another explanation. (3) Women’ s rights are derived human rights. For example, the basic human right to vote implies the more specific women’ s right to vote on equal terms with men. And a necessary condition for women to effectively enjoy the basic human right to work is their right not to be dismissed on the grounds of pregnancy. Although rights like these are special rights of women only, they are still rights they possess as human beings because they are derived from universal basic human rights.

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