human rights

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.

The Council of Europe Framework Convention on Artificial Intelligence and human rights, democracy and the rule of law is the first-ever international legally binding treaty in this field. It aims to ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with human rights, democracy and the rule of law while being conducive to technological progress and innovation. The Convention defines a baseline in international law for rights-respecting AI activities and in a significant step toward building consensus on common responsible and rights-respecting practices related to Artificial Intelligence, the Convention codifies principles such as accountability, non-discrimination privacy.

Today, countries are trying to achieve sustainable development in the international legal system by using all their existing mechanisms, including natural and God-given resources, especially the copper industry, because there are many opportunities in the copper mining sector. and related industries are a driving force for the development of international economic cooperation. Therefore, this article is a review of the mutual impact of the copper industry and the sustainable development of international law.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

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

The relationship between sustainable development, the copper industry and its distribution cycle is an interactive and two-way relationship in a way that the copper industry and its close relationship with local communities, natural resources and the environment and the undeniable effects of these activities on human life And nature affects the international law of sustainable development, and the international law of sustainable development also tries to minimize the environmental challenges of the copper industry by establishing codified rules.

copper activities should be considered in order to maximize economic and social benefits and reduce negative environmental effects, which, while achieving sustainable development, will provide the necessary ground for the next generation to benefit from natural resources and the environment.

With the emergence of new technologies and the widespread use of drones in various fields, the technical and legal challenges of cyber control over these tools have become a critical issue. This research examines these challenges and their impacts on national security, privacy, and human rights. One of the main issues in this field is the cyber vulnerabilities stemming from the dependency of drones on software and communication systems. Breaches into these systems can lead to loss of control over drones, theft of sensitive information, and even misuse of these technologies. This is especially concerning when drones are employed in military or surveillance operations, potentially resulting in irreparable consequences. Besides technical challenges, the lack of clear and effective legal frameworks to regulate drone usage is another significant concern. Existing laws often fail to address all the complex aspects of these technologies, which can lead to violations of human rights and privacy. This research aims to identify and analyze these challenges and offers practical solutions to address the current issues.

Universalism and relativism are two approaches in the international human rights system and specifically in the process of designing and approving norms. The aim of the current research is to evaluate the role of UNESCO in relativism and cultural diversity in the face of the universal description of human 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.

According to the principle of respect for cultural diversity, the international human rights system is relativistic. Relativism is very prominent in the field of cultural rights. This relativity of human rights norms actually originates from the atmosphere of legal formalism and the fuzzy logic that governs it.

The rights and norms that fall under the jurisdiction of UNESCO do not have a fundamental or mandatory definition, therefore, most of the documents and procedures of the aforementioned institution move in the direction of cultural diversity and relativism; However, in cases where its subjects and norms are somehow related to fundamental human rights or mandatory rules, universalism casts a shadow over its procedures and documents.

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.

Nowadays, with the development of knowledge and technology, and the need to acquire these technologies, it pushes the developing and less developed countries towards the countries with technology. The philosophy of technology transfer demands that in order not to be left behind in the caravan of economic progress, we should act in the right way by taking reasonable measures towards the introduction and localization of these technologies. One of the tools in this direction is foreign investment contracts. These contracts play an irreplaceable role in the introduction of technology in various fields and can help the host country in achieving its development goals. One of the most challenging issues in this field occurs when we approach the dispute resolution and arbitration authorities to resolve the dispute between the parties to the contract.

This article is descriptive-analytical. The materials and data are qualitative, and in collecting the materials and data, the fish collection method was used.

Ethical Considerations: 

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

In all types of investment contracts, both domestic and international, it is very important to discuss the interpretation and reveal the real intention of the parties to the contract.

The interpretation of international investment contracts becomes more challenging and important when human rights are involved. Especially with the development of human rights and the entry of new generations into this field, the interpretation of investment contracts from this point of view also requires more care.

Human rights rank among the symbols of liberal political thought. However, the critical standards of the liberal perspective present an individualistic and antagonistic image of human society. Levinas is a thinker who critiques this aspect. From his viewpoint, human rights derive their objective meaning from the face-to-face encounter with the "other." Thus, an interesting similarity arises between the status of human rights and the phenomenology of this encounter as articulated by Levinas. The main question of this research is: how does Levinas's justification for human rights differ from the liberal approach? From this perspective, one of the most important starting points is the reality that the image of the "other" is not described by a common characteristic found in its social or superficial context. Levinas's justification of human rights responds more convincingly to the common objections that human rights promote individual selfishness and an antagonistic model of society. Levinas defends human rights as the rights of the "other," not as rights based on selfishness. The rights of the "other," according to a non-state condition, possess a kind of trans-territorial character and independence within a political community. The research method is descriptive-analytical.

Artificial intelligence is a emerging phenomenon in the field of technology that, according to scientists' predictions, will significantly transform many aspects of life in the near future and bring about important changes in the course of human existence. With the continuous advancement of technology, questions arise regarding its impacts and roles in everyday life and society. This research aims to answer the fundamental question of the conflicts that artificial intelligence faces with human rights and citizenship if it possesses legal personality, using a descriptive-analytical method and collecting the necessary information and resources through a library-based approach. The findings of the research indicate that, according to researchers and scholars in this field, granting legal personality to artificial intelligence is necessary. They believe that by granting personality, AI entities can become parties to contracts, own property, and bear responsibilities. However, some argue that artificial intelligence should not be granted legal personality, as it would create ambiguity in the boundary between humans and non-humans and it undermines human rights and citizenship with its interferences and conflicts. Therefore, they suggest that AI should remain under human control. Furthermore, this research has proposed models for the legal personality of artificial intelligence, and it has identified the challenges and conflicts that AI faces in relation to human rights and citizenship, such as Automatic performance of military weapons, privacy violations, job displacement, social manipulation, fake news, and more. Solutions to address these challenges have also been outlined.

Introduction :

The modern era is characterized by the unprecedented ascendance of human rights as a dominant global discourse. Human rights have not only supplanted other normative systems but have also evolved into what can be described as a "universal religion"—a common language for addressing moral questions, judging good and evil, and critiquing governmental actions. The United Nations' Office for Human Rights highlights this transformation by noting that the Universal Declaration of Human Rights has been translated more widely than any other document, surpassing even the Bible. This widespread acceptance has rendered human rights the primary tool for challenging entrenched power structures and advocating for individual freedoms. However, the very universality and appeal of human rights reveal a darker, paradoxical aspect. To achieve their universal applicability, human rights have been severed from specific cultural, moral, or epistemological roots, making them susceptible to varying and often contradictory interpretations. This detachment from a fixed foundation has led to significant challenges, including normative uncertainty, the proliferation of contradictory claims, and the co-option of human rights by the powerful as a tool of domination rather than liberation. This paper critically examines these challenges and argues that the very strengths of human rights—their universality and adaptability—can also be seen as weaknesses, transforming them from instruments of emancipation to tools of domination.

 Research Question:

The central research question addressed in this paper is: How and why has the human rights discourse, initially intended to protect the powerless and critique political power, evolved into a mechanism that can be utilized to justify domination and subjugation? Specifically, the paper investigates the root causes of the paradoxical nature of contemporary human rights, wherein the same discourse designed to defend individual rights is now employed to legitimize actions that undermine those very rights.

Research Hypothesis:

The paper posits the hypothesis that the inherent weaknesses within the human rights discourse—stemming from its lack of a unified epistemological foundation, semantic ambiguity, and the proliferation of conflicting examples—have rendered it vulnerable to manipulation by powerful actors. These actors exploit the discourse to justify their dominance, thereby subverting the original emancipatory intent of human rights. The hypothesis suggests that unless these weaknesses are addressed, human rights may continue to serve as a vehicle for oppression rather than a means of liberation.

Methodology & Framework, if Applicable :

The research adopts a doctrinal methodology with a critical approach, systematically analyzing the conceptual and normative foundations of the human rights discourse. The paper dissects the four primary challenges that have emerged in the contemporary human rights landscape:     Lack of a Unified Epistemological and Justificatory Foundation: The analysis begins with the observation that human rights lack a coherent theoretical basis, making them vulnerable to divergent interpretations and applications. Semantic Ambiguity and Conceptual Uncertainty: The study delves into how the absence of a clear definition for key terms like "right" and "human" has led to the expansion of meanings and the potential for contradictory interpretations. Proliferation of Incompatible Examples of Rights: The paper examines the consequences of the multiplication of rights claims, leading to conflicting rights that undermine the coherence of the human rights discourse.  Domination and Subjugation: Finally, the research explores how these conceptual and normative ambiguities have facilitated the use of human rights as a tool for legitimizing domination, turning the discourse against its original purpose.The framework of the analysis is rooted in critical legal theory, which scrutinizes the power dynamics inherent in the law and legal discourses. By applying this lens to human rights, the paper seeks to uncover the ways in which powerstructures have co-opted a discourse that was originally meant to challenge them.

The findings of the study reveal a profound paradox at the heart of the human rights discourse. Initially conceived as a means to protect the powerless and challenge the authority of the powerful, human rights have become susceptible to the very forces they were designed to counteract. The analysis shows that the lack of a unified theoretical foundation for human rights has led to a proliferation of interpretations, each rooted in different, often conflicting, philosophical or cultural perspectives. This foundational plurality results in normative uncertainty, making it difficult to resolve disputes over human rights claims in a universally accepted manner.The study further discusses how this uncertainty has led to the multiplication of rights, with new rights claims constantly emerging and often conflicting with existing ones. This proliferation dilutes the coherence of the human rights discourse and creates a situation where rights can be selectively invoked to justify opposing actions, depending on the interests of those in power. For instance, the rise of multiple generations of rights—civil and political rights, economic, social, and cultural rights, and collective rights—has led to situations where different groups use the human rights discourse to support fundamentally opposing positions. This fragmentation and ambiguity within the human rights discourse have paved the way for its co-option by powerful actors. The paper discusses several examples of human rights being used to justify actions that undermine the rights of vulnerable populations. This co-option is facilitated by the fact that human rights, in their contemporary form, rely heavily on enforcement mechanisms tied to political power. As such, the discourse of human rights has increasingly been transformed into a tool for domination, where the powerful can define, interpret, and enforce human rights in ways that serve their interests.The discussion highlights the dangers of this trend, noting that if human rights continue to be used in this manner, they may ultimately lose their legitimacy as a tool for emancipation. The paper warns that the day may come when more people are harmed in the name of human rights than are saved by them, marking a tragic reversal of the discourse's original purpose.

 Conclusion

The paper concludes by reflecting on the troubling transformation of the human rights discourse, which has shifted from a force for liberation to a potential instrument of domination, with significant implications for justice and equity. The analysis identifies four interrelated flaws within the discourse: the lack of a unified justificatory foundation, semantic ambiguity, the proliferation of conflicting rights, and the dependency on enforcement by political power. These flaws feed into each other, creating a cycle where human rights, instead of protecting the powerless, are increasingly used to legitimize the actions of the powerful.The study posits that if these flaws cannot be addressed, the future of human rights as a meaningful tool for justice and liberation is in jeopardy. However, the paper also suggests that there may be ways to reclaim the emancipatory potential of human rights. One possibility is to reinvigorate the discourse by grounding it in the lived experiences and struggles of the oppressed, thereby reorienting it away from the interests of the powerful. Another potential avenue is to critically engage with the concept of human rights, refining and redefining it in ways that prevent its misuse.  Ultimately, the paper calls for caution in either abandoning or uncritically endorsing the human rights discourse. Instead, it advocates for an approach that recognizes both the potential and the dangers inherent in human rights. The paper concludes by suggesting that future research should explore these possibilities further, with the aim of restoring human rights to their original purpose as a force for justice and liberation.

Based on nature, wisdom and religious principles, all human beings have the right to legitimate defense. This kind of defense is accepted by Islam and is one of the components of the Supreme Leader's defense system. The authors analyzed this issue using a descriptive-analytical method. They aimed at explaining the religious foundations of legitimate defense and creating a platform for pursuing the issuance of a binding resolution to support legitimate defense. The findings of the study indicate that neither Islam nor human rights accept domination, and recommend rejecting and confronting it. In the meantime, although some international organizations have tried to help establish security by establishing laws, due to the lack of effective and practical support, these efforts have not yielded significant results.  The obvious example of that is the crimes of the Zionist regime in occupied Palestine, Gaza, and Lebanon, as well as the invasion of Yemen. It is suggested that the Ministry of Foreign Affairs and legal institutions of the country, in consultation with the governments of Islamic and aligned countries, as well as the United Nations and human rights institutions, issue a binding resolution for trial and compensation for the damages caused by the aggressors and all-round support for legitimate defense.

 In any political system, the implementation of effective economic policies is essential for improving government performance. Conversely, the government's economic policy choices impact citizens' enjoyment of their rights and have spillover effects on human rights. However, these policies are often formulated and implemented without considering their impact on human rights. This research, using a descriptive-analytical approach and library-based data collection, examines government economic policies within the framework of the economic and social rights principles of human rights. The main research question is: What is the relationship between government economic policies and economic and social rights obligations? The research results show that the relationship between government economic policies and human rights obligations is complex and multifaceted. On the one hand, government economic policies have the potential to impact the realization of human rights. On the other hand, human rights norms can serve as a theoretical and ethical framework shaping the principles governing economic policymaking. The ultimate goal of this research is to examine this relationship and propose the integration of human rights considerations into the core of economic policies, so that economic development aligns with ethical principles, the requirements of social justice, and respect for fundamental human rights.

International humanitarian law is in a generality and peculiarity in some aspects with international criminal law. International humanitarian law is used as a reference point in understanding and interpreting the rules of war crimes.Conversely, international criminal law is considered as one of the methods of guaranteeing the implementation of the violation of the fundamental rules of international humanitarian law. Therefore, with the aim of examining the degree of mutual influence of these two legal systems from each other and review the scope and examples of this effect, the main question is how the mutual influence of these two legal systems on each other's development and evolution has been?The hypothesis under consideration is based on the fact that these two legal systems help each other to the continuous development and evolution of each other in a mutual effect and in a cyclical relationship. In this descriptive-analytical research conducted in a library manner, the findings show that due to the necessity of a precise definition of crime as one of the basic notions of the international criminal law system, the development of this system has inevitably been led to the elimination of ambiguity in defining cases of serious violations of international humanitarian law and the rules of humanitarian law have also caused the gradual development of international criminal law in the field of new criminalizations and as a result the development of international law In the fields of environmental crimes and crimes against cultural and historical works.

The nation-state in legal and political application, is a politicalorganization of society consisting of a government, people and a landwith certain borders. The stability of astrong and structured nation-state plays a Essential role in thedistribution, redistribution, preservation, protection andsafeguarding of Individual Rights. In this perspective, the efficiencyof the government depends on its success in securing human rights. When we study the structural problems of the modern state in Afghanistan, we clearly understand the root of the functional defects of its institutions in protecting fundamental rights and freedoms and of other government functions. The problems faced by the Afghan government, due to the lack of a political structure, the preservation of the traditional system andthe lack of laws that focus on the realities of society, have led todisruptions to the process of nation-building. More than anything, theabove-mentioned problems have caused the Afghan government's inabilityto provide the essential components of the establishment of humanrights discourse. The present research, while presenting a general view of the obstacles facing Afghanistan in creating a modern nation-state, analyzes the effects of the lack of a modern state on human rights situation in The Afganistan.

The principle of minimal criminal law is a fundamental concept in criminal justice that emphasizes limiting criminal intervention to essential cases. This principle is rooted in human rights and the preservation of individual freedoms, aiming to reduce the use of punitive measures for human behaviors that can be addressed through non-criminal solutions. Theoretically, it is based on moral, legal, and functional foundations. From a moral perspective, criminal intervention is justified only when necessary to protect public order and collective interests. Legally, this principle ensures the protection of fundamental rights and prevents unjustified exercise of power by governing institutions. In practical terms, the principle has a significant impact on criminal policy and justice systems. Legislators should avoid over-criminalization, focusing solely on acts that are socially harmful and intolerable. In the judicial process, judges must refrain from imposing excessive or unnecessary penalties and prioritize alternative measures such as mediation and non-custodial sanctions whenever possible. Ultimately, the principle of minimal criminal law not only reduces the costs of the justice system but also promotes social order and criminal justice by focusing on rehabilitation and prevention. It serves as an effective guide for advancing toward a more humane and efficient justice system.

The emergence of the metaverse undoubtedly brings many complications in the field of international law enforcement. Due to the inherently transnational nature of the metaverse, it is clear that applying national legal frameworks to virtual actions is a complex and challenging process. The very essence of the metaverse, with its ability to transcend traditional national boundaries, creates significant barriers to direct domestic law enforcement. The regulation of virtual activities requires the creation of a comprehensive and inclusive framework under the supervision of public international law. Another concern that arises is related to the possible replacement of laws by technological advances. In the field of metaverse, one can see the high speed of technological progress. The field of international law faces the great challenge of effectively regulating virtual activities in accordance with established international norms and principles, considering the dynamic nature of these developments. The necessity of adapting the international legal system to the field of virtual activities is undeniable, because it is vital to address the multifaceted concerns that arise in this field. The topic of this article deals with the contemporary process of updating international agreements and legal structures, forming international regulatory bodies and encouraging global cooperation and coordination. As the met averse goes through its evolutionary process, it is necessary that the international laws are adapted accordingly and effectively regulate the behavior in cyber space.

The concept of commitment in contemporary human rights discourse is defined as commitment to result and commitment to means. In the most important international documents, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, governments are the main obligees of realizing human rights, through legislation, providing a suitable platform for implementation, predicting an effective implementation mechanism, and so on. .. are considered. Other human rights documents also have commitment oriented literature towards governments. The approach of human rights activists is also focused on the fact that the responsibility for observing human rights or violating them lies with governments. Because these governments have the most tools and facilities to prevent human rights violations as well as support and realize them. However, the international community wants all governments to observe and respect human rights despite differences in the government system and respect for their independence. In the field of administrative law, due to the fact that the authorities and administrative bodies have many powers and competencies, the human rights obligations of governments become more important. The research method in this study is descriptive-analytical, and we are looking for an answer to the question, what standards are governments obliged to observe in the field of administrative human rights? And what role does judicial procedure play in guaranteeing the right to good administration as one of the important examples of administrative human rights?

The Iraqi constitution was approved in 2005 with the aim of creating a democratic country under the rule of law. Nevertheless, the transition to a law-abiding Iraq has faced significant challenges. This article, using a descriptive method, examines the complex obstacles in the constitutional rights system of Iraq that prevent the realization of the rule of law. The key issues are: ambiguities and internal contradictions in the constitution, disputes arising from the federal structure, the judiciary lacking independence and widespread corruption. The results indicate that the most important constitutional challenges for the rule of law in Iraq are: ambiguity and internal contradictions, federalism and power sharing, weakness of the judiciary, corruption and lack of accountability. The implications of these challenges are profound: they jeopardize the protection of human rights, discourage investment, and hamper economic growth. Finally, a fragile rule of law hinders Iraq's progress toward creating a just, fair, and stable society. A strong rule of law serves as the bedrock of a functioning democracy, ensuring that all individuals, regardless of status, are subject to the fair and consistent application of the law, and fosters predictability and trust in the legal system. In addition, a strong rule of law is essential to attract investment, stimulate economic development and protect human rights.