Public Law
keivan eghbali
Abstract
The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing ...
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The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing the necessity or non-necessity of the suspension of the human rights by government, some preconditions have been provided. In this context, due to the implicit recognition of the possibility of suspension of human rights within laws of Iran, the present study aims to investigate with a descriptive-analytical method whether the judicial oversight in the process of suspending human rights can play an effective role in preventing possible human rights violations in this process? The results indicate that after review of existing jurisprudence one can conclude that judicial oversight of the judiciary on implementation of preconditions of the suspension can play an effective rule in protecting the rights of the citizens. It is important to note that in the entire supervisory process, three basic criteria and principles, namely the rule of law, judicial independence and impartiality, must always be at the forefront of the work of the relevant institutions in the judiciary; Criteria that each of them depends on appropriate guarantees by the judiciary.
Public Law
mohammad amin abrishami rad; sajad jalali
Abstract
According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained ...
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According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained the status and competencies of this headquarters in the political and legal system of the Islamic Republic of Iran and has identified and analyzed the challenges of this headquarters. Based on the findings of this study, the Human Rights Headquarters can only be identified as a sub-council under the Supreme National Security Council, which therefore, unlike the structure of this headquarters, which is under the judiciary, this headquarters has a multi-faceted status. Of course, the non-approval of the job description of this headquarters by the parliament is one of the most important challenges facing this headquarters, which due to its contradiction with the explicitness of Article 176 of the Constitution, has compromised the compliance of its decisions with legal standards. Therefore, it is necessary for the parliament to determine the competencies of this headquarters.
Information Technology Rights
leila raisi; flore ghassemzadeh liyasi
Abstract
Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish ...
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Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish an effective legal system by reforming the laws and regulations as well as creating special methods. The current research using an analytical-descriptive method is looking for the challenges which the Iranian legal system is facing, to prevent the violation of the privacy and personal data in cyber space. The findings of the research show that although the policy makers have an attention to the rights of the citizens, and could be assessed positively, but some challenges still remain. In order to remove these challenges, the government should enact appropriate and effective laws and regulations suitable for cyber space requirements. In enacting such laws and regulations, international human rights rules and international documents and norms need to be considered.
Morteza Akbary lalimi
Abstract
One of the main principles in the contemporary international law is the principal of the right to self-determination which has been mentioned in many of international documents. From the historical perspective and in the formation process, this right has been just associated with colonial cases for a ...
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One of the main principles in the contemporary international law is the principal of the right to self-determination which has been mentioned in many of international documents. From the historical perspective and in the formation process, this right has been just associated with colonial cases for a long time, and it has had a political concept. With regard to the evolutions in global society, this principal has been gradually written in the international documents including the Charter of the United Nations, International Covenant on Civil and political Rights, International Covenant on economic, Social, and Cultural Rights, General Assembly Resolutions, conventions and regional documents, and it has been recognized as a principle law. From the author’s point of view, the cooperation of the United Nations members in accordance with the charter of the United Nations, together with the proposal of organized guidelines and compulsory treaties are of great importance in order to omit this opposition. The present article is an investigation of different aspects of this opposition along with the explanation of cases and operational methods leading to the omission of this opposition.
Bagher Shamlou; Abolfazl Yousefi
Abstract
Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against ...
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Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against fundamental rights within a specific time and place in such a way that public order is disturbed sharply. Parameters of public emergency in human rights instruments are the objective or imminent threat against the life of nation. So, the possibility of a terrorist attack is considered to be the truest.
Heidar Piri
Abstract
Increases in the number of internal tensions and disturbances particularly in the last few decades have caused States seeing their security and sovereignty at risk. So, they have committed severe violations of the fundamental rights of people. Nevertheless, they ligitimize their activities and claim ...
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Increases in the number of internal tensions and disturbances particularly in the last few decades have caused States seeing their security and sovereignty at risk. So, they have committed severe violations of the fundamental rights of people. Nevertheless, they ligitimize their activities and claim the observance of International Law. Documents and international institutions governing the behavior of states consider these measures as the exercise of rights violations and greatly prohibit them and declare that internal tensions and disturbances are no longer considered in the exclusive sovereignty of states and to prevent domestic violence tragedies and disasters, extensive and appropriate measures should be taken at national and international level. Therefore, the new approach of the international community demonstrates the extension of the minimum standards of International Humanitarian Fundamental Law irrespective of time and place to any situation of internal tensions and disturbances and other life-threatening emergencies which lead to threat the existence of a nation. In this article, we’ve tried to investigate International rules (customary and conventional) governing the conduct of states during internal tensions and disturbances and their impact on the protection of International Humanitarian Fundamental Law and state authority facing such situations from the perspective of international law.
Ahmad Haji dehabadi; Ebrahim Ahmadi; Jalaledin Samsami
Abstract
Torture is one of the most serious crimes against human rights. From the perspective of Islamic law as well as human rights rules, the reason of its prohibition is insolence to human dignity and integrity. In article 38 of constitution, torture has been forbidden by legal system of Islamic Republic of ...
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Torture is one of the most serious crimes against human rights. From the perspective of Islamic law as well as human rights rules, the reason of its prohibition is insolence to human dignity and integrity. In article 38 of constitution, torture has been forbidden by legal system of Islamic Republic of Iran. The basis of this Article is Islamic law and its international conventions. All religious arguments have absolutely prohibited human's persecution and ill-treatment. Global community also seeks to eradicate this ominous phenomenon. Iranian criminal system has predicted torture as a crime in support of principles of Islamic Republic of Iran's Constitution. Article 578 of Islamic Penal Code has described torture as a crime. This article has weaknesses and shortcomings. Therefore, it cannot support efficiently Article 38 of constitution. Amendment of this article according to the Article 38 of constitution of Islamic Republic of Iran can be an important step towards preventing this crime
Zeynab Esmati; Hassan Kolivand
Abstract
The shift from "identify the right" to the "rights enforcement", About concepts related to human rights in the twentieth century it reached its full. Social security rights of the categories that have been in the process, has played a mportant role. Social Security is a fundamental human right. So in ...
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The shift from "identify the right" to the "rights enforcement", About concepts related to human rights in the twentieth century it reached its full. Social security rights of the categories that have been in the process, has played a mportant role. Social Security is a fundamental human right. So in this respect for the rights of individuals, need mechanisms to be predicted. This research focus on the concept of the social security right and And that social security, are both human rights and part of the civil rights, in the light of international human rights instruments such as the European Convention on Human Rights and the Court of Human Rights in Europe have important contributions to the Human Rights evolution and grant these rights are guaranteed and pays the right to social security hearing ability. The results of this comparative study, the right to social security in the UK shows that the right to social trial in the legal system of the Islamic Republic of Iran has been the failure such as there is not specific forums to address claims that is social security.For this reason Insured persons in social organization and other organizations and funds about competent authority to deal with complaints in the insurance and protection are confused and Today many countries have witnessed a change in the nature of the right to social assistance, a reflection of a right or legitimate claim to a personal right or legal right. Social assistance is not considered legal in our country. Article 29 of the constitution, which, like other human rights instruments “Benefit from social security" as "the right of everyone" knows, largely not realized it needs serious review of laws and regulations related to it.
Omid Rostami Ghazani
Abstract
Right to counsel is one of rights that in different countries legal proceedings and in international instruments on human rights accepted. This paper seeks to examine the defendant's right to counsel in criminal trials of international courts. In this regard, the right to counsel viewed in the criminal ...
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Right to counsel is one of rights that in different countries legal proceedings and in international instruments on human rights accepted. This paper seeks to examine the defendant's right to counsel in criminal trials of international courts. In this regard, the right to counsel viewed in the criminal trails of the Nuremburg, Tokyo, Former Yugoslavia and Rwanda tribunals and the International Criminal Court. Explaining the need to respect the right to counsel as one of the human rights, presumption of innocence and equality of arms is issue of the first part of this research. Given the importance of this right in order to protect the defendant's personal interestsand the interests of the international community (in international trials), and essential scientific and technical competence for lawyers, therefore the terms and conditions for obtaining the representation in international courts are expected that these terms and conditions are the issue of the second part of this article. The right to counsel during the pre-trial, trail and post-trail of international criminal courts proceedings is the subject of the third part of this research. In the fourth section of this article, various instances of the right to counsel are discussed.
Majid Nikouei
Abstract
The main purpose of this paper is to provide a justifying approach to rights embedded in international documents in light of Rawls’ Global Theory of Rights and, then, evaluating them from the said approach. Indeed, it is endeavored to distinguish justified rights from unjustified claims under the ...
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The main purpose of this paper is to provide a justifying approach to rights embedded in international documents in light of Rawls’ Global Theory of Rights and, then, evaluating them from the said approach. Indeed, it is endeavored to distinguish justified rights from unjustified claims under the rubric of rights. In this regards, John Rawls in his book, Law of Peoples, characterizes human rights as non-dependent on a particular ideology and religion, necessary, global and minimalistic. This paper, by evaluating human rights on the basis of the afore-said criteria, concludes that some of the alleged rights by international documents are unjustified and indefensible. Rather, they are ideals which, in any society and based on their common comprehensive doctrines and understanding of justice, are to be alleged and pursued. In the end, a reference shall be made to the necessity of formal and substantive criteria for the use of human rights concept and also to negative consequences of “rights inflation”.
Zoha Savadkouhi Far; Seyed Ali Kazemi
Abstract
In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives ...
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In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives were the victim, or pay a bride price. Inheriting a widow, exchange marriage and wives as compensation for a crime are all not acceptable according to shari’a standards and of course do not conform to human rights standards. The aim of this article is to explore whether this situation still prevails more than twenty years after the country went through the experience of Soviet occupation (1979-1988), which had a clear tendency to secularise the legal system, the time of re-establishment of the Islamic system during the rule of the Mujahidin, the civil war (1988-1994) and the Taliban who tried to impose their strict interpretation of Islamic law on the country.(1994-2001)
