حقوق زنان

Climate change has numerous impacts on women and girls. Due to their physical conditions and certain societal restrictions, they are more vulnerable to the consequences of climate change compared to other groups. This article employs an analytical and descriptive methodology, utilizing library resources, to examine the effects of climate change on women's rights from a human rights perspective. The central question is: How does climate change affect women's rights? The fundamental assumption of this article in addressing this question is that climate change can negatively impact a wide and diverse range of women's rights. The study focuses on some of the most significant rights, including the right to life and health, the right to work, economic rights, the right to access water and food, the right to a healthy environment, economic rights and gender inequality, and climate-induced violence.

Women's rights, including their job rights, are important issues that have become increasingly important at the same time as the industrialization of societies and the promotion of human rights issues. The purpose of this article is to examine women's employment rights from the perspective of international documents and the judicial procedure of the European Court of Human Rights.

The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

Women can get different jobs like men and there is no legal prohibition for women to work. In international documents, women have the right to equality in employment and rights. According to the law against gender non-discrimination, women have the same right as men in employment.

Employment is a right that governments and society must guarantee for anyone, including women, who is capable of doing it, and every person has the freedom to choose a suitable job, in a way that fulfills both his or her interest and the interest of the society to be.

For years, international communities have been addressing the catastrophic events affecting women, resulting in the creation of documents to overcome crises and achieve sustainable development. In this context, the 2030 Agenda was introduced in 2015. This agenda consists of 17 goals, and this study focuses on goals 4, 5, and 8, which centre on women's rights, including ensuring equal education, achieving gender equality, and employment. Considering the implications of joining and accepting these international documents for member countries, this research examines the status of the mentioned goals in Islamic jurisprudence and Iranian law through a descriptive and analytical approach. We found that these rights are acknowledged as fundamental in Islam, and lawmakers have accordingly legislated. Our analysis shows that unlike the hidden drawbacks of international documents, Islamic and Iranian laws recognize women's rights in various forms. However, there are challenges in implementing these laws. We conclude that with existing religious and legal frameworks, there is no need for documents that are drafted without considering the cultural, religious, political, and social structures of countries, including our own.

Feminism, as a social and legal theory, has undergone many changes in American law and international law since its inception in the late 19th and early 20th centuries. In American law, feminism initially focused on the fight for women's rights, especially the right to vote and equal rights in the workplace. In the following decades, the theory of feminism expanded to concepts such as gender equality in the fields of education, employment, reproductive rights, and combating structural discrimination. From the 1970s onward, the second and third waves of feminism focused on intersectional theories that considered factors such as race, social class, and sexual orientation in addition to gender.In the field of international law, the theory of feminism initially mainly paid attention to women's rights within the framework of international conventions and treaties. In this context, the efforts made in order to identify and protect the rights of women in war, reproductive rights, and combating gender violence were the main issues. From the 1990s onwards, intersectional feminism entered international law and, by making changes to traditional approaches, examined issues such as decolonization, migration, and human rights from a gender perspective.In sum, the evolution of the theory of feminism in American law and international law has continuously moved towards the development of an intersectional and inclusive understanding of gender equality and social justice.

The right to health is a fundamental human right rooted in the right to life. In the Islamic legal system, this right takes precedence over other rights and obligations due to the necessity of preserving life. One aspect of the right to health for citizens is the right to reproductive health for women. Given that women's health is considered an indicator of a country's development, governments are obligated to ensure women's reproductive health. The Iranian legal system also places a particular emphasis on the health of pregnant mothers. The enactment of the Law on Family Protection and Population Rejuvenation, which implicitly adopts a health-centric approach, is a significant step towards ensuring women's reproductive health. This research, using a descriptive and analytical method, delves into the foundations of Imamiyyah (Shi'a) jurisprudence regarding maternal reproductive health, and analyzes existing laws to elucidate the status of the right to the physical and mental health of pregnant mothers as a civil right. Findings indicate that the right to maternal reproductive health has solid foundations in Imamiyyah jurisprudence. The preservation of human dignity, justice-centricity, the prohibition of harm to others, and the negation of hardship and embarrasment are among the most important jurisprudential foundations of the right to reproductive health. An analysis of the foundations of the Law on Family Protection and Population Rejuvenation suggests that the Iranian legislature has been attentive to principles such as dignity, justice, the prohibition of harm to others, and the negation of hardship and embarrasment.This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .

The gender wage gap has violated the principle of equality and non-discrimination and the principle of equal pay. In this regard, the International Labor Organization, while recognizing and emphasizing the principle of equal pay for work of equal value in its conventions and recommendations, has conducted research and prepared a report in this field as well. This guide can provide appropriate and necessary policy recommendations to governments. It should be emphasized that the gender wage gap represents a very broad problem, both in societies and in the labor market, that cannot be solved individually. Research has shown that gender pay equity should be pursued through a policy program that promotes an inclusive and transparent labor market alongside the application of the principle of pay equity. Women's economic empowerment has obvious positive consequences for women's agency, freedom, and social and political empowerment. Unequal wages during working years have their effects on gender inequality throughout life, and lower income reduces women's economic independence throughout life, and Its consequences are evident in old age in salaries and income during retirement. The present study, with a descriptive-analytical method, aims to analyze the causes and factors affecting the gender wage gap; Because eliminating the gender pay gap depends on knowing how and to what extent such gaps exist. The results indicate that the factors affecting the gender wage gap are rooted in the human capital model and the discrimination model, which each explain a part of the gap.

Protecting women’s rights has been a perennial concern of human rights advocates over the past two centuries. Their dedicated efforts have resulted in the recognition of gender equality in key human rights documents such as the Charter of the United Nations, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights. However, these documents alone have fallen short of achieving the anticipated goals in promoting gender equality. This gap prompted the drafting of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to address gender discrimination in the member states. However, reports from the Committee on the Elimination of Discrimination Against Women reveal that many member states have not fully complied with the provisions of CEDAW. This failure has raised doubts about the effectiveness of CEDAW in safeguarding women’s rights. On one hand, some states have entered reservations to specific provisions of the Convention; on the other hand, there appears to be a lack of binding mechanisms to hold them accountable for violating their obligations. It is thus crucial to re-evaluate the fundamental concepts of gender discrimination and the provisions of CEDAW in order to examine their feasibility in societies with different norms. CEDAW consists of 30 succinct articles aimed at eliminating all forms of discrimination against women in all societies, regardless of cultural, religious, or ethnic differences. However, it does not explicitly address specific religious or cultural norms, presenting only a universal solution that may not align with diverse contextual complexities. Consequently, several member states, including secular and Islamic ones (e.g., India, Pakistan, and Indonesia), encounter challenges in implementing the provisions. The challenges apparently stem from CEDAW’s emphasis on individualism, which overlooks communal concerns and requirements. Predictably, this approach, coupled with affirmative action favoring women, has sparked backlash against the status of women, even in the U.S. and Europe. In this respect, the present study tried to address the following research questions: What approach does CEDAW take towards the norms governing different societies? And what legal model does Islamic Sharia require to be applied in the domestic legal system, particularly within the framework of CEDAW? The research is based on the hypothesis that the effectiveness of CEDAW can be criticized in terms of normative frameworks and legal guarantees for enforcement.

As a qualitative inquiry, the present study used a descriptive–analytical method as well as library resources to examine the contemporary approaches of states toward gender equality. To achieve the objective, the study analyzed about 40 primary and secondary documents and sources, including books, journal articles, reports, etc.

The study focused on the needs and interests of involved entities, namely the member states, individual members of societies, and particularly women. The examination of the foundational concepts concerning gender equality and the provisions of CEDAW helped gain insight into the overall approach of the document towards cultural and religious norms governing different societies. CEDAW advocates for women’s rights by promoting equality between men and women in society, regardless of their distinctive roles and status within the family and broader community. Consequently, it does not explicitly address equality of rights in terms of equity or in a just or fair manner. Rather, its focus is on placing men and women in the same, equivalent positions. Furthermore, CEDAW does not explicitly refer to norms. Instead, it calls upon the member states to “modify the social and cultural patterns of conduct of men and women.” This approach can be characterized as somewhat abstract and vague, resembling radical individualism or even libertinism. However, many secular and Islamic states possess diverse social and cultural norms, customs, and taboos regarding the individual and social rights of women. Moreover, the teachings of religious leaders and traditional attitudes are heavily influenced by communitarianism. A notable example can be found in the teachings of Imam Ali, who approves or condemns personal behaviors based on their potential impact on society as a whole. Indeed, he strongly advocates for cultural reforms without any prejudice, recognizing the necessity for change when it serves the greater good.It is worth noting that some countries, such as the Islamic republic of Iran which is not even a member party of CEDAW, have reformed their national laws to eliminate discrimination against women, thus aligning more closely with CEDAW’s requirements. However, there are still concerns regarding the scope and the applicability of these social and legal reforms. Recent social backlash against affirmative action favoring women’s rights, freedom of homosexuality, and same-sex marriage in Western societies highlight the challenges in this regard. International legal documents should not underestimate the significance of social and cultural norms of societies, as radical individualism or libertinism can lead to serious issues such as civil disobedience and increased crime rates. There is thus a need for reforms in the provisions of CEDAW in order to meet the diverse needs and requirements of the global community. 

Having provided a brief overview of fundamental concepts related to gender equality, the present inquiry tested the hypothesis and examined the main shortcomings of CEDAW by delving into their nature and underlying causes. The analysis focused on the points of contention between the provisions of CEDAW and the positive laws in Iran, particularly in light of Islamic teachings. The analysis is crucial because the perspective of Shia leaders (esp. Imam Ali) on gender equality, which is significantly influenced by their communal concerns, has often been overlooked. Concerning the effectiveness of CEDAW, it is essential that interpreters or drafters of any alternative document consider different norms prevailing in the social context of member states, with particular attention to Sharia-based norms. Such an approach enhances the comprehensiveness of the document, enabling it to address different facets of gender discrimination in the member states

The initial text of the bill for preventing women's injuries and improving their safety against abuse was prepared in 1392 in the vice-minister of women and family affairs of the 10th government and sent to the government for approval. Finally, after examining this bill among different governments and parliaments, the final bill was finally approved by the government board in December 2019. And finally, on May 29, 1400, the receipt was announced and it was referred to the legal and judicial commission of the parliament with a condition of urgency. In April 1402, the details of the plan were approved by the Islamic Council and its name was changed to "Prevention of women's injuries and promotion of their safety against abuse". The question that exists is what innovations can be legally discussed. In the present study, the author believes in the descriptive-analytical method following the answer to the above question that: innovations such as the integration of all institutions to support women, the establishment of a women's support fund, the provision of medical expenses and special attention to imprisoned women, the development of counseling centers for maintaining The mental health of abused women, the proper way to deal with women, the criminalization of responsibility due to the transmission of diseases through sexual intercourse, referring to the illegitimate submission and non-violence of men for the first time, as well as the permission for women to leave the country in the case that the man is against it for no reason. The title is innovation and strengths of the bill.

The right to health is one of the basic human rights, which is rooted in the right to life. In the Islamic legal system, due to the necessity of self-preservation, this right prevails over other rights and obligations. One of the aspects of citizens' right to health is the right to women's reproductive health. Considering that women's health is considered as an indicator of countries' development, in international documents such as the Charter of Women's Reproductive Rights, couples have the right to freely and responsibly choose the number of children and the distance between them and access. Necessary training for health and reproductive health is mentioned. And governments are obliged to provide women's reproductive health. In Iran's legal system, there is a special concern for the health of pregnant mothers, which is evidenced by the existence of various regulations of the Ministry of Health. The approval of the family and youth protection law, which implicitly includes a health-oriented approach, is an effective step towards ensuring women's reproductive health.This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .

In order to guarantee the position of women in society and family, various financial rights have been identified for women, and the purpose of this research is to recognize and explain the effects of these rights.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

A woman enjoys different financial rights due to the different positions she finds in relationships with others; Due to the aforementioned diversity and differences in the works, it is very difficult to present a classification for women's financial and economic rights. The classification of rights is very important in order to interpret rights and determine their territory, as well as solve issues related to conflict, conflict, silence, and summaries of laws and regulations.

The research results show that, considering the fact that the Islamic system was faced with many customs of the Arab society at the beginning of its emergence, which it was not possible to discard them. One of the available solutions was to adjust the aforementioned customs by forging new titles and adding examples of women's financial and economic rights. The model designed for women's financial and economic rights system in Imami jurisprudence and Iran's legal system is based on the protective model..

Women's rights is one of the main issues that has been focused by jurists and lawyers. From a legal point of view, considering women's natural rights is the initial step to realize their rights. This main point can be achieved just by adverting some particular circumstances that they may experience via their lives.studying jurisprudence areas is not sufficient for legislation, so to find a better understanding of legislation, this situation should also be examined from the perspective of psychology and medicine context. One of the big gaps in women's rights is neglecting women's rights during menopause, childbirth and especially her monthly discomforts.In all contemporary legal systems focusing on the rights and responsibilities of women during menstruation -as one of their natural rights- is a necessary basis for the development of laws and citizenship rights.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Therefore the current research,relying on medical, psychological, legal and jurisprudential evidence and applying descriptive analytical methods In the menopause, in the position of proving or rejecting the hypothesis by reviewing jurisprudence,medicine and psychology we came to the conclusion that our law neither supports this state of women nor passed any laws or protective measures. 

The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in the Constitution. Article 21 of the Constitution, targets women's rights and obliged the government to guarantee women's rights in all aspects by observing Islamic standards. However, the requirement to comply with Islamic standards caused the   word political man to be associated with a gendered interpretation in the interpretation of Article 115 of Constitution, without necessarily having such an intention on the part of the legislator. The interpretation of Iran's Guardian Council in 2015  also did not help to solve this problem in favor of women's rights and to achieve equal political rights with men, and this discrimination remains in effect. The research method of this article is qualitative with a descriptive analytical approach and gathering information from articles, books and internet sites. The result is that because the majority of men dominate the administrative affairs, the interpretation of the Guardian Council has led to discrimination against women in practice and unintentionally, and although positive discrimination in favor of women is included in the Iranian  Constitution, but in the practice of interpretation of this Council; its effect has overshadowed and led to negative discrimination against women

There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning for protecting them and keeping their human rights. Of course, in the domestic level, there are a process of law making and policy implementation to defend women in the time of armed conflicts and after that, especially in the process of peace keeping. The authors with a critical approach examine different policies and programs in this respect in Iran and the US and show disparity between men and women in this regard. This inequality is mainly the result of functions of social and cultural infrastructures of the societies. Although in Iran the procedures of law making has many difficulties in its nature. The main question of this paper is that: what is the impact of gender consideration in the implementation of protective rules for the people who have been engaged in different stages of the war? The authors focus on positive discrimination to reduce neglected condition of women in this respect in Iran.

This article tries to take a poststructural approach to the insight and knowledge interpretive resulting from the study of specific historical issues; Also, using Fairclough's theory of critical analysis of discourse, identify discourse practices that plays a role in the production of women's legal discourse. In this article, from Foucault's paleontological method and Fairclough's critical analysis of discourse were used to describe, interpret and explain the subject of women as an interrupted discourse constructure in three levels of abstraction of social structures, practices and events. The results show that women's discourse evolved in four periods to separate itself from the society as a progressive women's discourse of high social class and finally takes some part of it's rights from society dominant class like western women. Since these demands were not wanted all women of society, they were inaccessible and unreliable, During a period of time, simultaneously with the dictatorship of Reza Shah, women lost their power of discourse and were rejected.

Among the basic themes that have been highlighted in human societies across different religious and ethnic groups until now is the issue of “women’s rights and character”. The status and character of women in each society’s culture reflects the importance and dignity of women in that society. With the advent of Islam, the dignity of women as human beings was restored, and women were elevated to half-humanity alongside men. The humanist school of Islam, whose laws have originated from revelation, has given women great dignity by considering all the rights and characteristics of women as well as taking a comprehensive attitude; But unfortunately, the Universal Declaration of Human Rights paid less attention to the spiritual aspects of human beings, especially women, and more to material aspects instead. this study intends to use a mixed method, with the help of library tools and questionnaires, to answer this key question: “What are the theoretical and fundamental differences between the rights of women from an Islamic human rights perspective and the Declaration of Human Rights?” The results of this study, conducted in Tehran in 1401 on women with a sample size of 384, show that Islamic human rights, with the help of Quranic verses and Islam, include all material and spiritual aspects of women’s dignity and has made religious thought the basis of its theory - contrary to Western human rights, which base their thinking on a secular basis for women’s rights. Analysis of the questionnaire confirms the claim that supporting women’s rights from the perspective of Islamic human rights has had a direct impact on the status of women in Islamic countries, especially the Islamic Republic of Iran

Women's rights are one of the important legal fields that are faced with different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of rebuilding the traditional jurisprudence approach to women's rights. With a critical analytical approach and focusing on the findings of traditional jurists, this article tries to answer the above question and find out in which areas the approach of traditional jurisprudence in the category of women's rights needs re-reading.The findings of this research show that the challenges to the traditional approach and its foundations in women's rights are multiplying and increasing, so that it can bring the role of this jurisprudential approach in human life to a crisis, and this involves the need to update and modernize the traditional approach to jurisprudence in order to be present in the public and humanitarian sphere in the surrounding world. In this article, after explaining the concepts, only some of the challenging foundations of the traditional approach to women's rights; Just like the human personality, the legal personality and the spiritual personality of the woman have been investigated.