جستجوی مقالات مرتبط با کلیدواژه "harassment" در نشریات گروه "فقه و حقوق"

Cyberbullying (Virtual Bullying) is a new and multi-dimensional phenomenon that, although researchers have not been able to provide an agreed definition about it, it has led to a lot of harm to its victims, especially the young generation. Sites and social networks such as Instagram have provided new environments for its perpetrators, through which they publish false messages and information about people, or gain access to people's personal pages, and humiliate them online. This shows the necessity of criminal laws in this field. The purpose of this research is to investigate and analyze virtual bullying in Iranian and American criminal laws in order to verify the feasibility of applying these laws regarding virtual bullying cases. Therefore, in this regard, the concept of virtual bullying, its specific features, as well as related and similar laws in this field, such as defamation, threats, harassment, and extortion, were investigated in two countries, and as a result, while expressing the limitations of civil solutions in confronting virtual bullying and expressing the weaknesses of these solutions to deal with this phenomenon, as well as the inadequacy of related and existing laws, the necessity of its criminalization was determined in the criminal laws of the two countries. In this research, library and descriptive - analytical methods have been used.

One of the important issues that must be answered in the light of modern jurisprudence and law is the issue of permitting or not permitting the donation of body parts of those sentenced to death and retribution. Organ transplants for needy patients have been proposed in many countries, and in some countries it has been allowed. This issue can be examined from the point of view of jurisprudence and Iranian law, whether the holy Shari'a allows such a thing or not? The chapters of urgency and antagonism are largely related to this issue. Due to the emergency situation in the Islamic society, the permission to remove the organs of those sentenced to death, whether they are dead or not, will be in the operating room. The issue can also be examined from another perspective. In the absence of an emergency, in involuntary executions, the convict may be exterminated in the operating room instead of on a rope, because retaliation with a sword is intended to prevent persecution. His transplantable members can also be used. Of course, in this case, his permission is a condition. This is in accordance with Article 47 of the By-Laws on Execution of Limits on Limits, Deprivation of Life, Amputation, Retribution and Injury, Diyat, Whipping, Exile, Denial of Knowledge, Compulsory Residence and Prohibition of Residence in a Certain Place or Neighborhoods Is allowed.

A correct legislative policy in dealing with crimes committed in cyberspace must represent the decisive and quick actions of the legislator. Considering the impossibility of full compensation of the damages caused by cyberspace and the variety of criminal actions, the legislative policy must be formulated accordingly. As a case of such emerging issues mentioned could be made of harassment of women in cyberspace. The legislators do not have a separate regulation with regard to this. The purpose of the present article is twofold. Firstly, the commission of such crimes at the present time must face an appropriate punishment for the perpetrators of such crimes. Secondly, considering that the bill for preserving the dignity and protection of women against violence is in the process of approval in the parliament, a recommendation must be stated with the purpose of amending the legal Articles in law related to the discussion of this article. In this research, using a descriptive library method, an attempt has been made to collect materials and answer this question: is it possible, according to the existing legal provisions, to apply the current laws in dealing with the perpetrators of such cases or not? The hypothesis that we are trying to confirm in this research is the possibility of adherence to the Article 619 of the Islamic Penal Code approved in 1375 in dealing with such crimes.

Harassment is any unwanted behavior, physical or verbal, that makes a reasonable person feel uncomfortable, humiliated, or mentally distressed. It is one of the prohibitions that has many evil consequences and negative educational effects, and for this reason, it is considered an important obstacle in the way of humanity and human society to reach growth and perfection. Due to the high incidence of harassment in the society, it is highly important and necessary to conduct a research in this regard to identify and examine its educational effects. In this research, which was carried out in a descriptive-analytical way with the aim of identifying and explaining the effects of harassment, it was found that harassing others in any form and manner is forbidden and its prohibition is not confined to believers. It was also concluded that harassment leads to various negative nurturing effects, such as weakening the victim's self-confidence, creating hatred and enmity in him, weakness or deterioration of brotherhood, prevalence of violence and aggression in the society, lawlessness and disturbance of mental peace of the victim, the loss of the unity and integrity of the society.

Since the establishment of the United Nations, many documents and conventions have been approved under the title of protecting women's rights, but the increase in crimes against women, poverty, immigration and pornography are examples of the failure of this important international organization to defend women's rights around the world. The protection of women encompasses a wide range of important international issues that require urgent attention. Some issues, such as women's prostitution, arise from economic factors, and others, such as violence at home and in the community, are rooted in poverty, social norms, and tradition. According to a 1995 survey of the number of children employed in the sex trade, one million girls enter this multibillion-dollar industry each year, and nearly forty million girls under the age of fifteen are abused and in need of health and social care. The adoption of legal measures in support of victimized women has been one of the priorities of the working group of women in the United Nations in 2021

Stalking is a form of harassment. Sometimes people with different motives, good or bad, constantly follow and Watch others. This behavior has been criminalized in some countries such as the USA with differential policies and measures. In criminal law of Iran, there is no crime with this title exactly, but its manifestations and examples, such as Article 619 of the Penal Code adopted in 1996, have been considered a crime, with no special punishment and security measures. It seems that through the development of cyberspace into today's life, it has become much easier to commit stalking crimes than past. therefore, general criminal policies do not make an effective deterrence. Victims in stalking crimes need legal protective and preventative measures like Protection order and Restraining order. Lack of preventive and security measures before proof of stalking crimes and conviction of offender are the most important legal shortcomings in criminal justice system of Iran. A comparative study with countries that have been successful in this regard seems useful.

Sexual harassment is a debate that has been considered today in many countries because the victims of these types of crimes are often children and women, especially those working in social settings. The law of Iran does not provide a detailed definition of sexual harassment and its implications. In this study, which uses a method of analysis and description with a library tool with a snippet pattern, is it tried to answer the question of how to deal with sexual harassment? Coming to law and trying to find examples, the general nature of the law, and sometimes the ambiguity, conciseness, conflict or silence of the law, require the necessity of interpretation. The Islamic Penal Code and the Criminal Procedure Code are also free from the above They are not Finally, we will give you conclusions and suggestions.

Harassment is an offence that its commission causes probably severe confusion of the victim, so that, in some cases, the victim may suffer some kind of psychical condition. Therefore, it can be plausible that this offence is primarily aimed the psychical integrity of the victim. Accordingly, in the English criminal system, any behaviour causing harassment against any person, with respect to some circumstances, can lead to occurring the offence of harassment, meanwhile, the offence of harassment is generally divided into two types: simple and aggravated. However, the study of the Iranian criminal system shows that the Iranian legislator has focused, in the context of the offence of harassment, on its committing against particular victims, or by using a specific tool. Such an approach would lead to neglecting other behaviours that cause harassment, and does not provide the possibility of effective fighting with the offence of harassment. Thus, it is appropriate that Iranian lawmaker accepts the offence of harassment in a more general sense.

This paper is a jurisprudential answer to this question: " Is there any jurisprudential evidence for admissibility or obligatory of filtering and blocking T.V. channels, web pages and virtual social websites? what is this evidence?" In accordance with this research and based upon grand jurists` opinions, it can be resulted that the first principle is prohibition of preventing others to access for internet pages, T.V. channels and virtual social websites, and the reason of prohibition of possessing the heretical books can`t make their filtering mandatory. Of course, if T.V. channels, web pages and virtual social websites are the proof of the evil, evidence of preventing from the evil can include it. Meanwhile if this act causes a bodily harm and loss of proprietary or even is possession of his property (which is usually as such ), judge`s permission is required.

Artcle 619 of Islamic Punishment Law, approve in 1375, talks about harassing women in Iran while applying it and using it in the Iranian judicial system by women is rare and faces challenges. It is obvious that the high number of this crime within the society shows the defciency and incompetence of it. This artcle is afer an analysis of the informaton parts of this crime from legal aspects and this importance has happened with emphasize on criminology and background factors. Talking about pros and cons of the legal artcle, addressing analysis, crime discovery and the legal precedent are other aspects of this paper.