نشریه حقوق بشر
پیاپی 31 (بهار و تابستان 1400)

The purpose of the present study is to examine whether or not the status of perpetrators of piracy is consistent with international humanitarian law and is covered by the Fourteenth Geneva Conventions of 1949. Pirates have become a major international shipping challenge in the international seas and waterways in the last decade. It seems that pirates never fall within the scope of these conventions and “humanitarian law”; in addition to historically assessing the status of offenders outside the law of war, there are also significant doubts. There is talk of “armed conflict” as the country's naval battle with pirates. In spite of this, the Third Geneva Convention can have some implications for the arrests of pirates. Arrested persons suspected of piracy may, in the event of compliance with this Convention, claim to be protected and demanded to be treated as prisoners of war. This is, of course, until such time as a competent court declares it inaccurate, and secondly, it merely affects how he was treated during his detention, but will not prevent his trial on charges of piracy under domestic law.

The recognition of human rights and the formation of international human rights in the twentieth century brought about a fundamental change in the sovereignty and powers of governments and made the adherence of them to human rights as an important criterion for assessing their governance.While the Treaty of Westphalia in 1648 recognized the nation-state as the main political entity enjoyed absolute internal sovereignty, the UN General Assembly by adopting the Universal Declaration of Human Rights in 1948, and recognizing the rights of individuals , limited the sovereignty and committed it to human rights.One of the most important issues in the field of human rights studies, is the obligations and responsibilities of states in this regard.The concept, nature, and types of obligations and responsibilities that the state has towards human rights are the subject of this article. Examining and analyzing the basic concepts and also asks related questions this article try to examine the various dimensions of this issue from different perspectives.

According to the fourth principle of the Constitution, criminal laws must comply with Islamic criteria. Despite this, the Constitution and other laws do not set standards for compliance with Islamic norms. On the one hand, there is a great deal of disagreement among Shiite jurists regarding the Shari'a punishments, both in principle and in the possibility of executing these punishments, in its conditions, in the number and rulings of the Hodud; On the other hand, according to the Shari'a criteria, none of these views is superior to the other views and, in other words, it is not more religious than the other. In this article, by presenting and criticizing each of the possible conceptions of "compliance with Islamic norms", finally referring to the governing principles and rules, and considering international and domestic interests as a secondary rule, it is concluded that the most limited views should be considered about the Hodud, and filled the vacancies of the punishments with the flexible institution of Taazirat, which is a sharia institution.

From time immemorial, “sexual minorities” have been a reality in human societies. In the field of law, in the light of human rights developments, this “old” category has become a “new” issue. In the modern sense, law seeks to create a space for human “founders”, including “sexual minorities”. Among the rights of these minorities is their “employment rights” discussed in this article and using the research method descriptive-analytical, such a conclusion has been reached, first; The view of the Iranian legal system regarding sexual minorities is not one of “absolute acceptance or rejection” of their rights. Second; No employment document specifies whether such citizens are prohibited or allowed to be employed. Third; According to general legal documents, some sexual minorities, homosexuals, are sentenced to “death” according to religious rulings and under certain conditions. Therefore, they cannot be offered employment rights. Fourth; The Iranian legal system among sexual minorities only has a relatively positive view of the transsexuals and the legal documents do not prohibit them in terms of employment. Fifth; From a human rights perspective, the direct and indirect restrictions and prohibitions imposed on sexual minorities in the Iranian legal system are a serious challenge today.

Racism in its wide sense means that some people are superior to others because of their race. In some ethical systems, such as Kant's philosophical system, the subject of racism, like so many other issues, has not received much attention. But that does not mean that we cannot considering racism under that system.In this essay, we attempt based on Kant's ethical system to elaborate and infer Kant's view of racism by describing "authority" as the premise of any moral act. In the research conclusions, it will be concluded that Kant, on the basis of his ethical system, cannot justify racism. In Kant's view, moral virtue is a task or an act in accordance with the task, which cannot be related to the type of the active subject. The international human rights system will be studied as a general reference in addressing these issues in the real context of society. It has been attempted in the reviews of the international human rights system to discuss the emancipation of the human race for its inferiority and the inherent value of human beings in Kant and this system.

The aim of this article is to look at civil rights from different moral points of view. Diverse approaches in moral philosophy lead to alternative moral points of view. For the purposes of this article, five approaches have been selected. We try to see what would happen to civil rights if one takes for granted this or that approach. Section (1) deals with preliminary issues. In section (2) the nature of law and its relation to morality will be briefly discussed. Section (3/1) deals with civil rights from the virtue ethics point of view. In section (3/2) civil rights will be looked at from the deontological point of view whilst section (3/3) will explore civil rights from the utilitarian point of view; and finally, section (3/4) will discuss civil rights from the ʿAdliyyah (Muʿtazila & Imamiya) and Ashʿari points of view.

In the contemporary human rights discourse, four schools of thought can be identified, including the Natural Law School, the Protest School, the Deliberative School, and the Discourse School. This essay is devoted to critical analysis of the Deliberative School in contemporary human rights discourse. The Deliberative School is most trusted by the views of two of the most important contemporary thinkers, Jürgen Habermas and John Rawls, in political philosophy. These two thinkers consider dialogue and counseling as one of the most important tools for achieving consensus and empathy in normative affairs in human societies, albeit with different perceptions and approaches. The basic question here is whether, as the advocates of the Deliberative School think, dialogue and consultation are the means for reaching a consensus on human rights and moral values? Deliberation and dialogue in some cases may lead not only to consensus but also to results such as assimilation of minorities and imposing certain values on other values or domination of the majority on the minority.

Advances in the humanities have led to a shift in attitudes toward children and the issuance of the Convention on the Rights of the Child (1989. Social activists to reduce the negative consequences of divorce on children and their better adjustment after their parental divorce, have been wanted to change family law to provide children's participation in any judicial proceedings (such as custody and access disputes) to express their views about decisions affecting their lives and well-being. In this article we analyses with content method, Iranian family law statement, to extract capacity of children's legal right to decision- making in custody disputes. The findings show, three dimensions of approach in children's right and participation are identified: rights approach, best interests approach and mixed approach .The rights approach focuses on fundamentally rights such as: equality, dignity thus emphasis on the right of the child to be heard .the second approach seem to have negative views about children's right to participation because involving children in parental fighting, are very harmful. While the third approach states, it is necessary children's voice to be heard, as the same time emphasis on child protection. The paper notes, that under Iranian law, children's views are sometimes absent in decision- making particularly in custody litigation.

Concerning the importance of the guarantee of right on the safe environment as a part of the solidarity rights subdivision, sometimes we face with the violation of this right by the governments themselves in neoliberal societies. Acting damaging environmental behaviours by governments and citizens in some societies, specifically in neoliberal societies, have been increased. Governments in these societies, to guarantee the profits of capitalism, may normalise the damaging behaviours. One of the results of this process is the violating of right on the safe environment. One of the fields which consider the effects of the culture-building of the damaging environmental behaviours, is the green cultural criminology as one of the branches of the critical criminology. The aforementioned criminology by merging cultural and green criminology has taken important steps in green studies. This research, using a descriptive-analysis method, has come to this conclusion that the medium which is at the disposal of the capitalism, by prescribing the consumer culture and the fashionism, have a very important role in the extension of these kinds of damaging behaviours. They play this process by environmental immorality. As a result, on the one hand, the green culture building and environmental teachings should be institutionalised on the citizens. This will lead to increase their environmental perception together with the guarantee of right on the safe environment.

The original attitude toward men and women in the rules of Holy Quran sometimes reveals a different religious knowledge regarding the past. In Islamic Law, they often believe in the principle of equal rights for men and women, however, about divorce, the well-established theory is that divorce is performed by husband due to differences between man and woman in terms of creation. But the main question is that as for the acceptance of man and woman equality in dissolution of marriage in International Human Rights Law, whether this opinion is compatible with Islamic Law. The present study shows that women have long had the right to divorce, and the grounds of divorce at the request of the wife or under the agreement of the couple is, in fact, recognition of legal or contractual right to divorce for the spouse. when husband is unable to treat his spouse well, it is necessary (for him) to initiate divorce, and wife reciprocally can get divorced, so she can originally ask the court for it. This is an interpretation which is in line with the rules of human rights on eliminating discrimination against women.

The purpose of present study is to clarify the status of housewives in the legal system of Iran, with respect to government duties, due to provide a legal solution for protecting; because significant enjoyment of rights and duties depends on employment. Maine difficulty of the law is setting the level of supports. The research method is descriptive-analytical with comparative approach. At the first special problems of Iranian housewives are being described and the current legal approach to them is being explained; as the weaknesses become clearer, in the light of the experience of other countries, recommendations are made to improve them. The most critical issue of housewives is the deficit of public participation and lack of direct access to public wealth resources. Currently, the legal system does not have a comprehensive plan for housewives. The proposed solution, for next generations, is to create empowering young women to achieve employment opportunity and, in the case of the current generation, facilitating civil participation through non-governmental organizations and applying positive discrimination mechanisms in favor of housewives.

The concept of right is a meaningful, logical and justifiable claim in the realm of man and obtained in the direction of his dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the dialectic of rebirth and backwardness in modern and classical thought. Catholic political theology, meanwhile, has a concept of right, contrary to the established dogmatic theory of riot and special burden on believers. The leading essay, based on library studies and descriptive-analytical approach, is written in order to achieve the form of right in Catholic political theology and its comparative measurement with the modern concept of right (the main issue of the research). This notion of right, although considered evil in some readings, is, in contrast, in addition to historical factors and environmental contexts, an epistemological ground for the development of the modern concept of right and, at other times, a catalyst for the acceptance and development of the concept of Modern right.