حقوق زنان

Trade agreements can play a key role in the growth of developing countries and pave the way for economic and social progress. One of the important aspects of these agreements is the commitment to promote gender equality and protect women’s rights in the labor market. Many trade agreements include clauses that improve the situation of women, increase equal employment opportunities, and strengthen their rights in the workplace. In this article, focusing on the free trade agreement between Chile and the European Union and using library and internet resources, and an analytical-descriptive method, the impact of this agreement on improving women’s rights in Chile is examined on a case-by-case basis. The findings of this article show that the free trade agreement between Chile and the European Union has been able to have a positive impact on improving women’s rights in this country by creating more economic opportunities and adopting new protective laws. Among the important results of this agreement are the increase in women's participation in the labor market, improvement of their wages and working conditions, and promotion of access to economic resources. Also, these agreements have played an important role in reducing gender discrimination and promoting social justice in the workplace. Therefore, it can be said that such agreements not only contribute to the economic development of countries, but also play an important role in strengthening women's rights and equality.

Violence against women, as one of the complex social, cultural and legal issues, has always attracted the attention of many researchers and human rights activists. In Muslim countries, this phenomenon is influenced by various factors, including cultural and traditional beliefs, national laws and different religious interpretations. Especially in societies where traditional interpretations of Islam are used as the basis for legislation and social policies, violence against women is often justified by specific interpretations of Sharia and religious rulings. The ambiguity lies in how different religious, social and economic interpretations fuel violence against women in Muslim societies? This article attempts to analyze the causes and factors of violence against women in Muslim countries with a view to women's rights in Islam, using a descriptive analytical approach, and to examine the relationship between different interpretations of religious sources and the methods of violence in these societies. In this regard, social, economic and cultural challenges are also examined that may increase or decrease violence against women in these societies. The aim of this article is to provide appropriate solutions to combat violence against women in Muslim countries through a comprehensive and detailed analysis of these factors. Ultimately, the conclusion is that the most important factors affecting the occurrence of violence against women in Muslim countries are a set of cultural, social, religious, and legal factors that have led to different interpretations of Islam.

In this regard, the current research tries to investigate the position of women in the family in two Islamic and Western legal discourses, and especially the two legal systems of the Islamic Republic of Iran and the country of Canada, tries to investigate the issue of women's rights in the family institution. The main question of this article is as follows: In the two legal discourses of Iran and Canada, what position and rights does a woman have in the family? In response to this question, the main hypothesis of the article stipulates: Western legal discourse, especially in countries like Canada, with a materialistic and reductionist view, considers the position and rights of women in the family in her individuality and freedom, and it is based on the dimensions He compiles his sexuality and material; This has been formulated in the Islamic discourse based on the rights and duties of women in the sacred sphere of the family and its constructive role in human education and excellence.

A review of the literature and research conducted in the field of comparative analysis of legal systems and discourses clearly shows that less research in this field has investigated women's rights in the two legal systems of Iran and Canada. Meanwhile, only one article has been compiled in this field, and most of the works are about women's rights in the family in Islam, Iran, or other countries such as France, England, and America. From this point of view, this article has innovation and tries to provide the ground for further research in this field. In the following, we try to examine the most important and closest articles in terms of content and topic.Maruti et al. (2019) in the article "Comparative study of women's legal system discourses in Iran and Sweden" discussed the issue of abortion and women's rights in this matter; The author has concluded that the prevalence and prosperity of women's absolute freedom in countries like Sweden is due to the prevalence of "freedom of choice" theories, which emphasize the absolute freedom of the "body" with a philosophical view of the world, and against the discourse Divine laws in the legal system of a country like Iran arise from the duality of right/duty, which is the continuation of the divine view of human existence, therefore, absolute and unbridled freedom cannot be believed.Zainaldini and Razavi (2019) in the article "Investigating the requirements for the entry of the property sharing system into the structure of the family financial system in the laws of Iran with a view to the laws of the province of Quebec/Canada" talked about two models of financial order in the two legal discourses of Iran and Canada and has concluded that the legal system of the Quebec state of Canada, believing in the equality of rights and responsibilities of couples in the family; The financial system presents the property sharing of spouses as a legal financial regime for the family, in which men and women share each other's income in the family; But in Iran's legal system, following the model provided by Imami jurisprudence, couples have chosen "financial independence".In the article "Comparative study of female alimony in the laws of Iran, England and America" ​​(2013) Tashet and Hejbari discussed the issue of the right to alimony from the economic rights of women in the family. In this article, the authors have concluded that "in the legal laws of the Islamic Republic of Iran, alimony is the responsibility of the man, and in the common legal system, it is the responsibility of the husband and wife, and in the comparison between these two models of Iranian law, with regard to the duties that are customary for couples It is defined in the family as being closer to justice. Also, the receipt of alimony by a woman depends on fulfilling her duty towards her husband (obedience), while in common law, the financial need of the spouses is a condition for the obligation of alimony, and apparently as soon as the marriage contract is concluded or without the marriage contract and cohabitation for a period of time. Special payment becomes obligatory.Abbasi and Ramezani (1400) in the article "Women's non-financial rights in Iran's legal system and its compatibility with international documents" have made women's non-financial rights the principle and concluded: Women's non-financial rights in international documents and in the legal system Iran has been formulated under the shadow of cultural and ideological considerations and political-social developments, and these rights have always been formulated under the dominance and structure of the male approach, and it has not been able to realize women's rights in the non-financial dimension.Johnson (2017) in the article "Family Matters: Gender Justice and Success of Litigation in Canada's Supreme Courts" tries to examine the issue of gender justice in the family and family litigation in Canada and has concluded that in the courts Supreme Court of Canada, female judges pay more attention to women's rights than male judges and have caused many successes in family disputes for women and have been able to establish more gender justice in the realization of women's rights.

This article has been compiled using the descriptive-analytical method and has collected its data and information through documentary and library methods.
4. ConclusionIn this article, an attempt was made to examine the status and rights of women in the two legal systems of the Islamic Republic of Iran and Canada with a comparative perspective. In this regard, the main question of the article was as follows: In the two legal discourses of Iran and Canada, what position and rights does a woman have in the family? In order to answer this question and based on the research done in this article, it should be said that the two Islamic and Western legal discourses regarding women's rights have basic differences. A woman has great dignity in the Islamic discourse because of the expectations and duties that are expected from her in the form of building a family. The subsequent legal system of the Islamic Republic of Iran, which is based on Imamiyyah jurisprudence and Islamic teachings, has taken a family-oriented approach and by adopting the discourse of legal propriety for women in the family. These rights are all in line with the role of women as the main pillar of the family. On the other hand, the Canadian legal system, influenced by the doctrines of individualism, libertarianism, materialism, and feminism, has tried to regulate the rights and position of women in the family like men by adopting a subordinate and analogical approach. From this point of view, women's economic and non-economic rights have been drawn and compiled in a completely equal way without any difference in the roles and responsibilities of men and women within the framework of the family. In this system, the family is the product of a completely biological choice that can be started and ended at any time by the will of one or both couples; Regarding the economic rights in Iran's legal system, the man is responsible for securing and realizing the economic rights of the woman, and for this purpose, he imposes various models (dowry, alimony, etc.) Building and managing the family should be provided by the woman. It is for this reason that the financial system of the family in Iran's legal system is based on the system of financial independence; But in the Canadian legal system, this financial system is based on the sharing of property and assets by men and women; because each of them is equally responsible for the economic provision of the family; And according to this common procedure, they can choose multiple models of the family financial system. Regarding women's non-economic rights, it should be said that the legal system in Iran has tried to protect women's rights and legitimate and legal freedoms against men. For this purpose, it has considered ten rights in its civil and family laws for women to guarantee their rights. Also, these rights guarantee a woman's active role in performing the tasks expected of her in the family; This means that the duality of right/obligation has been seen by the legal and the legislator; In this way, if rights are considered for the woman in the family, it is for the purpose of doing the tasks that have been asked of her; And this duality has been based on the natural need of man to form a family and the active role of men and women for the promotion and excellence of this social institution. However, the non-economic rights of women in Canada, which are formulated at the core of the unwritten system of common law and based on subject requirements in the courts, are set with emphasis on femininity and gender justice to guarantee the preservation of individuality and freedom of women in the field. His numerous personal and public. Therefore, in this system, due to the emphasis on the individuality and freedom of the woman in regulating her rights and status, the concept of family does not have its Eastern and Islamic meaning and is merely an interpersonal contract that was formed during a historical process in the society and is changing day by day. The benefit of feminist demands goes to the sidelines and takes a nuclear form. In the following table, we can discuss the most important differences between these two legal discourses.

Considering the need for women to play a role in less developed societies such as Afghanistan and emphasizing the creation of legal infrastructure to guarantee women's rights in the current century, reflecting new approaches in human rights through treaty-based mechanisms of international law is an impossible necessity. It is denial. Based on this, it is necessary to identify the priority of effective rights in women's rights in Afghanistan and evaluate the process of localization of human rights in this country. In the discussion of this connection, the current research, which was compiled using a descriptive-analytical method with the benefit of library studies, while examining the concept of gender equality, it was determined that human rights mean women's rights, along with guaranteeing men's rights, so human rights cannot be He considered it only for men and allocated it based on human gender. Also, in this research, it was determined that the right to education and the right to health of women in Afghan society should be recognized as the basic priorities in guaranteeing the examples of international human rights, and after that, the stage of legal confrontation with violence against women It can be evaluated as a theoretical approach and legal protection of women in the society cannot be achieved without creating a stable and treaty-based structure.

The subject of the present research is a comparative study of the approach of Allameh Fazlullah and Seyyed Qutb in issues related to women's rights. In recent centuries, women's issues and rights have become one of the most important social issues.changes that have occurred in all areas of human life, women's rights in Islam have also been subjected to criticism and new challenges. In the face of these criticisms and challenges, Muslim thinkers and intellectuals from different currents have tried to respond. Allameh Fazlullah and Seyyed Qutb are among the contemporary Shia and Sunnah commentators, both of them with the idea of ​​returning to the Qur'an and paying attention to the fact that the most important cause of distress and degeneration of social societies is staying away from the Qur'an and the cure for social pains and its healing is to return to the Qur'an. And the biography of the Prophet (PBUH) knows that they have dealt with this issue. This article has analyzed and examined "women's rights" including social activities, government and inheritance in the works of both thinkers with documentary and library methods. According to both thinkers, Islam has the same view of men and women in terms of humanity and spiritual dimension and there is no difference, but regarding the powers of Allamah, he does not make any difference between men and women and considers exceptional cases to be special cases that cause Yes, but Seyyed Qutb, emphasizing the principle of equality between men and women, considers the difference in responsibilities to be due to the difference in talents, which does not conflict with justice and equality.

A woman's dowry is part of a woman's property. The Qur'an and the view of Islam, as well as hadiths, emphasize women's rights, which we have mentioned in this article. In this article, we have referred to the historical trend of women's rights to date, and all the various factors that have an impact on it have been examined from a social and economic point of view, before Islam, and also in the choice of a husband. It was not and the girl had to surrender without any reason. The chains on a woman's arm and wing were broken by Islam in the previous 14 centuries. In the last three centuries, however, the West has gradually come to realize the most basic rights of women. From the seventeenth and eighteenth centuries onwards, in the field of social issues, attention to human rights in the West took shape. One of its basic principles was that human beings, by nature and by the command of creation and nature, have a series of rights and freedoms that cannot be taken away from an individual or an ethnic group. A woman's dowry is considered a woman's property. In the holy book of Quran and seeing Islam, as well as hadiths, special emphasis is placed on women's rights, which is one of the reasons for the importance of this issue in our society, because the do's and don'ts of civil and legislative Our country is based on the principles of the Quran.

Violence against women as one of the most widespread human rights abuses, has always been of interest to the international community, especially women's rights advocates. This has attracted the attention and sensitivity of various governments, including Iran, and has led to the enactment of numerous international laws, treaties, and documents aimed at curbing violence against women. According to this issue in the present study which has been done by analytical and descriptive methods, we want to review and analyze the existing Iranian laws and international documents on the prohibition of violence against women. The question that this study seeks to answer is what are the existing legislative criminal policies regarding violence against women? In fact, in answer to this question, the research findings show that that Iran's legislative criminal policy towards the prohibition of violence against women in different eras with the influence of treaties, conferences, resolutions, declarations, recommendations and numerous meetings by the United Nations and governments in the field Nationally, regionally and internationally, it has had different approaches in different laws, contrary to international documents. The results of the present study also indicate that the Iranian legislature, in its legislative criminal policy against the prohibition of violence against women, has three approaches: the principle of equality, positive discrimination and negative discrimination, and international instruments in their legislative criminal policy approach to the principle of equality and Recent decades have also focused on a supportive approach.

According to the Convention on the Rights of Women, any discrimination against women should be abolished and women should have equal rights with men, but the humanist, feminist and secularist roots of this convention prevent all aspects of women's rights from being addressed in society. These Western ideas have caused political and economic rights to be considered more than civil and social rights, and this issue has led to double discrimination against women. That is how the construction of rights from women is such that women have established themselves in a position of dependence and only dependence from patriarchy has been transferred to legal institutions such as government institutions. The convention also, with its negative approach, causes a gender gap in the legal system of societies. Because the existing model of defending women's rights in this convention is born of a special type of principles and intellectual principles accepted in the West, which leads to the dependent construction of women in human rights. In other words, the intellectual context of the convention has led to the construction of women And a female identity should be produced in the shadow of a patriarchal view that applies the same structures of domination to women with a different view. This view has meant that, more than half a century later, the Convention on the Elimination of All Forms of Discrimination against Women has failed to achieve significant or lasting results in favor of women.

Assessing the three characteristics of the development in the world today regarding to women's rights, including gender development, combating gender inequality and combating the gender gap, are the main axes explaining the alignment and promotion of women's rights in countries and members of the Organization of Islamic Cooperation(OIC).OIC has tried to present its sympathetic of women's rights in accordance with Islamic law and international custom and treaties through the documents like, the 2005 Ouagadougou Declaration and the Organization's Action Plan for the Promotion of Women's Rights and various other documents. . In the 7th Conference of Islamic Ministers on "The Role of Women in Promoting Development for Member States" in the session entitled "Empowerment of Women in Member States: Challenges and Prospects" in 2018, 16 important resolutions on improving the legal, economic, social and Women's security were adopted. The major question of the research is the evaluation of women's rights in the policies of the Islamic Cooperation Organization during the last two decades. The member countries of the Organization of Islamic Cooperation, in spite of structural differences in economic, cultural and legal levels, have encouraged the three indicators of development in women's rights in line with human rights developments in the world.The method of the study is based on the descriptive-analytical approach as well as the content analysis. Relying on original documents of OIC and reports has been the basis of data and analysis.

The present study with the application of qualitative method based on collection of data from library sources (documents)and analytical - descriptive method are about to answer the question of which the accusations made by the west that " violates" the human rights conventions of the Islamic Republic of Iran are based on? The hypothesis of this study is that these accusations are based on dual principles including legal and political principles; The findings of the study, proving the hypothesis, indicate that these allegations are based on legal grounds (Including, non-acceptance and accession to some human rights conventions due to legal conflicts between Iranian law and conventions, differences in interpretations, as well as the existence of some legal ambiguities, etc.) and There are also political bases (including the political and selective approach to human rights in Iran, the security of human rights and international relations, anti-Islamism and the West's stubbornness with Iran). According to the above-mentioned dual principles, accession to the Convention on Human Rights, revision of some amendments to Iran's legal laws, use of the jurisprudence-legal capacities of Islam, as well as the use of the right to bet, appeal to international courts and the realization of the right are among the solutions. Legal and aggressive treatment of allegations, participation in international forums and the issuance of statements, and the increasing supervision of government officials over the functioning of the state body are among the proposed political solutions.

In the contemporary literature on human rights, there is a generally accepted approach that classifies them into four generations. The fourth generation pays special attention to the axis of sustainable development law and the issue of women's. The study of these developments in the world and the Islamic world is the main objective of this research. These developments are also reflected in the Islamic world, and we are witnessing a valuable alignment between the countries of the Islamic world and the developments in the international community. The Organization of Islamic Cooperation, like the United Nations, has paid special attention to the issue of women's rights.

The research method is based on a descriptive-analytical approach and is based on documented statistical data. First, the process of developments in women's rights in the light of human rights and the right to development is presented at the global level, and then the degree of compliance of these developments in Islamic world is evaluated based on the literature and documents of the Organization of Islamic Cooperation.

The research hypothesis states that there is no significant difference between the world and the Islamic world in relation to the Gender Development Index, but the difference in the Gender Inequality Development Index is still noticeable.

The evolution of human rights and women's rights in the world and the Islamic world has had an upward trend in development indicators, but in some development indicators, there is a limited distance between the world and the Islamic world.

 Violence against women as one of the most widespread human rights abuses, has always been of interest to the international community, especially women's rights advocates. This has attracted the attention and sensitivity of various governments, including Iran, and has led to the enactment of numerous international laws, treaties, and documents aimed at curbing violence against women. Given this issue, in the present study, we want to examine and analyze the laws of Iran regarding the prohibition of violence against women. The question that this research seeks to answer is what is Iran's legislative criminal policy regarding violence against women? Findings show that Iran's legislative criminal policy towards the prohibition of violence against women in different periods with the impact of treaties, conferences, resolutions, declarations and other recommendations and numerous meetings held by the United Nations and governments in There is. The national, regional and international arena is set up, there are different approaches in different laws. Also the results of the present study indicate that the Iranian legislature, in its legislative criminal policy against violence against women, has considered three approaches to the principle of equality, positive discrimination and negative discrimination in the law.

The subject of this study is a comparative study of women's rights discourses in Iran and Sweden. The main question of the article is about the comparative study of women's rights in Iran and Sweden with the case study of abortion. The research hypothesis was that the one-sided and materialist view of the dominant discourse of Western feminism and its reflection in the Swedish legal system by reducing women to the physical dimension and body or body is in contrast to revelatory views such as Shiite jurisprudence that puts man in two body dimensions. And John is considered to be manifested in legislative systems. Thus, this point of departure creates conflicting results that create two different paradigms. The results show that the prevalence of women's absolute freedom in countries such as Sweden is due to the dominance of "freedom of choice" theories that emphasize the absolute freedom of "body" with a worldview, and in contrast to the divine discourses in the legal system. Like Iran, it arises from the duality of "right / duty" which is the continuation of a divine view of human existence, so it cannot be considered absolute and unbridled freedom. The method of data collection is documentary and library and the approach of the article is descriptive and analytical.

Political rights mean that a person can participate in the socio-political life of his country by electing rulers, political officials, or in holding political and social jobs in his country, or expressing his ideas well in free assemblies; Thus, the Charter of Citizenship Rights reflects the government's concern in raising public awareness of citizenship rights and institutionalizing respect for human rights. In this regard, one of the most important issues of the Charter of Citizenship is the issue of women's rights. Accordingly, the purpose of this article is to review and analyze the degree of attention to women's citizenship rights in the dictionary of the Charter of Citizenship Rights. The above study shows that women's citizenship rights have been considered to an acceptable extent in the Charter of Citizenship Rights. However, there is no guarantee of proper implementation on the one hand and some practical and executive challenges on the other hand. Has faced serious obstacles.

The purpose of this study is to investigate the necessity or non-necessity of the wife's permission from the husband to get back the right of political participation. The results of this research, based on the descriptive-analytical method, have indicated that if there is no strong reason for the wife's permission from the husband or not, the "principle" in the problem should be sought and acted upon. First, according to the tradition of Salaf jurists, in individual jurisprudence, only cases of participation do not require permission that they do not contradict with the right of the spouse. Secondly, according to government jurisprudence, the basis of mutual rights and duties of the individual and the state requires individuals to perform their social duties. Therefore, in that part of the participation which is the duty of the wife, not only she does not need to get permission, but the husband cannot prevent her, even if it is against his right. But that part of the participation which does not fit in the form of duty and is a woman's right, the principle is based on not to allow, unless it requires permission for a specific reason. Third, women's political participation must be accompanied by the observance of principles and obligations such as the preservation of the individual's social and family identity and the preservation of chastity.

Following the establishment of the Human Rights Council in March 2006, the human rights situation in Saudi Arabia has been considered by many in this institution. Given the widespread, qualified and sensitive nature of the Council's abuses of human rights abuses in Saudi Arabia, the question was raised about the mechanisms of monitoring and mechanisms How did the council work on how Al Saud behaved toward respect for women's rights within national borders and how far Saudi Arabia has been in line with the idea of universal human rights and what has changed? In response to the above question, it has been suggested that it seems that the monitoring mechanisms and executive mechanisms of the Saudi Human Rights Council have required reforms and compliance with human rights requirements. Research findings show firstly that country recommendations Regarding periodic reports and appointment of special reporters, there has been a greater impact on the promotion of the status of women's rights, and secondly, the traditional context in which the ideas and ideas of people and community officials were conceived and seriously violated the rights of women is under reconstruction. Thirdly, the women's efforts and their alignment with the pressures of the Human Rights Council and the media it has been the founder of a new order, which is characterized by a change in the gender system.

Three focal points in the subject of Islamic teachings and human rights can be considered: 1. What are human rights? 2. Where does Islam critique human rights? 3. How is the viewpoint of Islam about human rights? It is clear that human rights in the distant past could have been difficult to enter in religions (Tomuschat, 2008: 18). Islam, like all other religions, did not begin to reconcile with human rights at the outset. It seemed very natural for human rights advocates to extend the rules of freedom of thought, expression, religion, and confrontation with slavery, torture, harsh sentences and executions as a universal belief and value. On the other hand, instead of presenting better ways for the lives of individuals in every religion, a number of religious leaders and scholars from different religions have emphasized points of opposition to human rights. It became perceived that religious laws were in conflict with human rights and some discussed the contradictions of the Shari'a with human rights were raised. This research examines the hypothesis in response to the key question of how reconciliation between human rights and Islam takes place. The authors hypothesize that the shift in the interaction of the Islamic Sharia with Islamic civil law on human rights reduces the link between human rights and Islam. The researcher has used personal studies and research findings.