• List of Articles s Rights

      • Open Access Article

        1 - The Comparative Review of Reformist and Fundamentalist Currents toward Political Participation of Women in Islamic Republic of Iran (1997-2005)
        Mohammad Abedi Ardakani پروین عظیمی
        Since the victory of Islamic Republic of Iran up to now, there emerged two significant and effective intellectual and political currents. The first current which could be called from intellectual dimension as “Juristic Islamism Current” and from political dimension as “ More
        Since the victory of Islamic Republic of Iran up to now, there emerged two significant and effective intellectual and political currents. The first current which could be called from intellectual dimension as “Juristic Islamism Current” and from political dimension as “Fundamentalism current”, got its climax political power in first and third decades of Islamic Revolution and it still keeps its power today. In contrast, the second current which could be called from intellectual dimension as “religious new thinkers” and from political aspect as the “Reformism current” reached its climax political power in the second decade of Revolution and from then on its is declining. The main purpose of this article is to comparatively review these two currents regarding the issue of women’s rights, particularly in relation to their political participation and its main hypothesis is as follows: “the different intellectual and religious principles of these two currents caused an inconsistency in their position toward the issue of women’s rights, particularly in relation to their political participations. To evaluate this hypothesis, using the descriptive-analytical method, it is tried to review intellectual and religious alphabets of these two currents and compare particularly these two in relation to political participation and family. The findings of this research shows that their attitudes toward the issue of women’s rights have significant differences in one hand, and in other hand, these differences are basically due to their different but inflexible interpretations of religion. Manuscript Document
      • Open Access Article

        2 - The European Medieval Conception of Citizenship: Individualistic or Collectivistic?
        seyed alireza Hoseyni Beheshti
        As Europe entered the Middle Ages and the emergence of a Christian otherworldly perspective together with its individualistic and universalistic nature, the view on the Man and his status, both concerning the society and the state, transformed dramatically. The transfor More
        As Europe entered the Middle Ages and the emergence of a Christian otherworldly perspective together with its individualistic and universalistic nature, the view on the Man and his status, both concerning the society and the state, transformed dramatically. The transformation had its effects on the conception of citizenship inherited from ancient Greece and Rome. The classical and more or less still dominated view on the history of social and intellectual developments of that period, offers an image according to which the spread of Christianity resulted in merging individuality into the community. Here I try to show, through relying on recent and less biased historical researches, that the classical interpretation that views the period as the fading individualism in favor of a collectivism emerged from the teachings of Christianity, the assimilatory political culture dominated early western modern societies, spring from the Renascence and then Enlightenment rather than the Christian culture. Manuscript Document
      • Open Access Article

        3 - Islamic Judicial System and Diversity of Courts
        Mohammad  Ja’fari Harandi
        Abstract: The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the neces More
        Abstract: The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary changes yet. The question of this paper is: what are the needs to change Islamic juridical procedures and judicial system? Taking into account the religious principles, particularly legitimacy of the judge as well as distinction between arbitration on the divine rights and the people’s rights based on jurisprudence, and also, arguing that social rights are distinct from the divine rights, attempts have been made in this research to propose some changes in the juridical procedures which include: setting up of different courts congruent with the nature of the forwarded cases such as individual personal rights, society’s rights, and divine rights. The judges dealing with the first two groups of rights are to be elected by the people, while the judges handling the cases related to the divine rights and pertaining issues are to be appointed by the ruler of the Islamic state. Manuscript Document
      • Open Access Article

        4 - Investigating the Position of Women's Rights in the Citizenship Bill with an Emphasis on Women's Political Rights
           
        Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is More
        Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is to investigate and analyze the level of attention to women's citizenship rights in the context of the Citizenship Charter. The above study shows that women's citizenship rights are accepted in the Charter of Citizenship to an acceptable extent, but there is no guarantee of proper implementation on the one hand and some practical challenges and on the other hand desirable and realistic research of women's rights in Iran with serious obstacles. Is facing Manuscript Document
      • Open Access Article

        5 - Children's Rights to Education in International Human Rights Documents
        Marzieh Hojaji Najaf Abadi Massimo Papa
        Children's rights, as part of the human rights debate, focus on protecting and supporting children and achieving their basic rights. Human rights are the inherent rights of all human beings. Children also have the same rights without discrimination. The main purpose of More
        Children's rights, as part of the human rights debate, focus on protecting and supporting children and achieving their basic rights. Human rights are the inherent rights of all human beings. Children also have the same rights without discrimination. The main purpose of this research is to investigate the right to education of children and to study it in international documents. An analytical approach has been used to achieve this goal. The main focus of this analysis is the Convention on the Rights of the Child as the most important document in the field of child rights, related articles on the Child’s education right, other international human rights instruments, the position of education in the international human rights system, the Declaration of Human Rights and Islamic Declaration of Human Rights. Therefore, recognizing the right to education for children in the human rights system will require the support and commitment of governments to provide children with access to appropriate educational facilities. The Declaration of the Rights of the Child incorporates the broad concept of the child as the right holder. The four basic principles of the Convention on the Rights of the Child can be: 1. The principle of non-discrimination and the guarantee of the rights of the Convention for all children without any discrimination; 2. The priority of the interests of the child in any law and regulations affecting the child; 3. The right to life, survival and development of children and adolescents; 4. The right to have children's views and opinions at all stages of their decision-making. In this international instrument, Articles 28 and 29 recognize the right to education in children and this right has been enshrined in equal opportunities. Another international human rights instrument, especially in the field of children and the right to education of children, is the Human Rights Declaration of 1948. Article 26 recognizes the right to education of children and everyone has the right to equal access to education and access. It also sees education as guiding the human personality with good understanding, forgiveness and respect for different beliefs. This analysis, on the one hand, represents the belief in the inherent dignity of children and the "human personality" without any discrimination on the basis of issues of gender, color, opinion, ethnicity and religion, and on the other hand, emphasizes the principle is to protect children and to recognize their fundamental rights. The right to education as a human rights principle in the field of children, including the right to access to education, the right to quality and standard education, respect for the human dignity and dignity of the child, non-discrimination education at all stages of childhood, access to educational opportunities and equality of opportunity in education. Manuscript Document
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        6 - The Right to Art and Identity for Children from the Perspective of Persian Poetic Texts (Poems by Hafez, Rumi, Saadi, Ferdowsi, etc.)
        Shahriar Shadigou Fariba Parvaneh Mehri Toutounchian
        In today's society, the issue of identity is a fundamental issue in childhood, because if we do not pay attention to it, the current and future generations will suffer from imbalance and confusion. The present study aims to investigate the right to art and identity for More
        In today's society, the issue of identity is a fundamental issue in childhood, because if we do not pay attention to it, the current and future generations will suffer from imbalance and confusion. The present study aims to investigate the right to art and identity for children from the perspective of Persian poetic texts (poems of Hafez, Rumi, Saadi, Ferdowsi, etc.). The research method is qualitative analysis in the form of library and using the technique of taking notes and using theoretical sources and theory about children's identification According to the obtained results, it can be said that the identification of children in contexts such as family, society and education system is emerging, so its development depends on the development of these contexts. Therefore, when researchers address the issue of child identification, they provide the means for the development of individuals first and then for the development of society. Attention to the rights of children in various dimensions is also in the focus of attention of different societies and religions in the world, so that various laws in this field have always been approved by various organizations and institutions.. Recognizing a child's art, literature, and identity as fundamental rights has an important role in the process of forming his or her identity. Parents are the first and closest reference to the rights of children in all aspects of education and identification, and certainly an informed parent can provide the most and most useful help to his or her child. The study of art in Persian poetry also reveals the influence of art on human mental development, moral development and attention to physical dimension. Manuscript Document
      • Open Access Article

        7 - The Right to Education of Children with Need of Mental Rehabilitation in International Human Rights Documents and Iranian Law
        hoda paran mohammad ali pourmottaqi
        The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, su More
        The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation. Manuscript Document
      • Open Access Article

        8 - Right to health in the constitution of the Islamic Republic of Iran
        SaSaman Allallahveysi ali gorji aznadreyani
        The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi More
        The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript Document
      • Open Access Article

        9 - The Rights of Children with Disabilities in Iran: An Analysis of Determining Areas
        Maryam Sha’ban Seyed Mohammad Hosseini
        Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Met More
        Background and Aim: The present study seeks to identify, interpret and analyze the rights of children with disabilities in Iran. In this regard, the decisive fields of jurisprudence and law have been identified and analyzed at the domestic and international level. Method: The research approach is qualitative and the research method is exploratory and documentary analysis. After identifying the documents related to the subject and issue of the research, they have been studied, analyzed and reviewed. Results: The results of the research show that at the international level and the Islamic Covenant on the Rights of the Child and in the internal laws and regulations of the Iranian society, the society and the political power structure are responsible for formulating and implementing protective policies for disabled children and these policies are also aimed at reducing harm, rehabilitating and Treatment of the disabled. In fact, they are considered a "posteriori strategy" towards the disabled. But in the religion of Islam, centered on Shiism as the dominant religion in Iran, dealing with the child is about potentially being a child, not actually being a child; This means that the children of future generations are considered and "foreseeable" in the current generation. It is as if the scope of childhood includes history and generations and is a "transhistorical" and “trans-generational" issue. Islam has emphasized on the "future and posterity" and respecting the potential rights of the next generations and has a "preventive" approach. Conclusion: The dominant strategy of the teachings of Islam in relation to children with disabilities can be inferred as "a priori and a posteriori strategy". In addition to the governing authority, community activists are responsible for the realization of plans related to this strategy for disabled children. Manuscript Document