نشریه مطالعات حقوق عمومی
سال پنجاه و یکم شماره 3 (پاییز 1400)

Human Rights Council Advisory Committee is a consultative body of the Human Rights Council that provides the council's requested consultations. Its studies and reports lead to draft some international instruments. It is important to recognize the advisory committee to understand the mechanisms of the UN system for protecting human rights. The present study was designed to identify the advisory committee and examine and review its function and role. This research has shown that the Advisory Committee has an international advisory role and it issues recommendations. Another function of the advisory committee is providing suitable area to interact, exchange ideas, debate, and dialogue between experts of the Advisory Committee and representatives of governments and NGOs about human rights issues. The Advisory Committee protects and promotes human rights through shaping public opinion, informing and increasing knowledge and information production on various human rights issues through studies, preparing reports, and drafting some international instruments. The Advisory Committee has strengthened the functions and efficiency of Human Rights Council.

The "right to life" is the base of taking advantage of all other human rights. According to the foundations of contemporary human rights, life has been considered equal to the biological life, and the meaning of life has no effect on getting benefits from the right to life. According to this thesis, awareness and knowledge about the meaning of life are the basis of forming the right to life, and the meaning of life is the essential part of the right to life. Depending on the way the meaning of life is formed, taking advantage of the right to life and determining its boundaries are different. For example, in the cases of children and or environments, the right to life is the result of others awareness about the meaning of their life. Contemporary human rights can preserve its own meaningful order besides other meaningful orders. Respecting the biological dimension of life as well as recognizing the right to choose could be considered as the dominant principles of the meaning of life.

Postmodernism, which emerged after the crises of modernity, has undertaken the mission of filling the void of modernity as a more flexible and peaceful approach than modern vision. In this sense, it should not be regarded as the end of modernism, but as a critique of it and its continuation and completion in the context of criticism of modern elements. The coincidence of its heyday with the increasing speed of the establishment of international institutions, including the United Nations, obviously has made the charter affected. The Charter and the Statute of the International Court of Justice (as an integral part of the Charter and the United Nations' legal arm) have passed numerous challenges by establishing postmodern approaches in order to safeguard its mission.

Modification of legal system based on implementing “law” idea, was among fundamental approaches of Iranian intellectuals during the confrontation with modernity. Law as the radical core of modern legal system is a self-autonomy and self-founded item considered as the symbol of freedom and self-autonomy of modern human which philosophers of Age of Enlightenment have interpreted it. On the other hand, Iranian intellectuals in their researches about Iran's backwardness and advancements of Western countries have concluded that “law” is the only solution for all problems in Iran. The main purpose of the present study is to investigate what is analysis of Iranian intellectuals when confronting modern law? Whether Iranian intellectuals have accurately and correctly confronted with concept of modern law? To answer the above questions through analytical-comparative method, it has been concluded that three approaches of “similarity of religion and law”, “completion and cooperation of religion by law” and “conflict between religion and law” have been created about the relationship between religion and law. Theoretical confrontation of two approaches formed in relation with law without realization of bases, philosophical and cognitional support of law concept, and beyond this perspective consistency and convergence between religion and law have been achieved. Although consistency between law as a self-founded item and religion as an other-founded and God-centered item is philosophically impossible.

Women with disabilities, due to the two features of being a woman and having a disability, are subject to double discrimination and are more vulnerable to all types of violence and injustice. Confinement of women with disabilities to their living environment, whether home or residential centers, on the one hand, and the lack of skills and training needed to identify and deal with dangerous situations, on the other hand, would expose them to multiple, prolonged, and different types of domestic violence. Access to justice is the legal remedy for violence, but women with disabilities are often reluctant to receive appropriate compensation due to multiple barriers. International efforts to address domestic violence and access to justice for women with disabilities, such as providing training materials, making governments provide accessibility, reforming the law, and public awareness raising, would be be considered in this paper. In fact, the present article seeks to provide an analytical-descriptive study of the approach and solutions of the international human rights law in preventing domestic violence against women with disabilities, and in case of violence, to facilitate their access to justice.

Victory and initiative in many of today's wars are with a country that has air superiority. Air superiority is using drones and this requires a full understanding of the legal principles that govern it. The purpose of this study is to examine only a part of the legal rules which govern the flight of drones in air warfare from the perspective of international law. This article, regardless of domestic law and national security concerns and with regard to international legal issues, states that a drone, based on its capabilities and limitations, may violate or comply with humanitarian law. Due to the position of this type of aircraft among the principles of international arms control, the arms control regulations do not apply to them, while the basic principles of humanitarian law include the principle of separation, the principle of necessity, the principle of proportionality, and the principle of precaution must be taken into account. When using this instrument the issues of territorial integrity, State sovereignty, and countries' airspace should be considered.