فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 22 (پاییز 1400)

Sovereignty implies the legitimate supreme power of the command, which enables governments to legislate and ensure its implementation. The Sturdiness and exercise of citizenship rights is one of the most important features that define the governance strategy of states to protect the fundamental rights of citizens. The legal system of the Islamic Republic of Iran as a legal and political structure that has based its sovereignty on the sovereignty of God and people oriented Sovereignty, has recognized and guaranteed the rights of citizenship within the framework of Islamic norms. This study is talking about the answer to the question of what is the relationship between citizenship rights and government sovereignty. The method of this research is descriptive and After explaining the views on sovereignty to the issue of citizenship by emphasizing its role in the system of the Islamic Republic of Iran is seeking to reach main target of this research that is a multifaceted relationship between citizenship rights and government sovereignty.

The Minorities law as one of the prominent manifestations of human rights has always been considered by national and international systems. In the present research, using tolerance concept the contents of the international documents and the IRI constitution in favor of the minorities law were studied comparatively. The core question of the present research is this, “has the approach adopted by international documents and IRI constitution been tolerating towards minorities?”The analysis of contents of the international law documents showed that the characteristics of tolerance including respect for individual personality and rights, recognition of minority rights by governments, recognition of pluralism and human differences, solidification of human rights principles, opposition with discrimination and racism, public education on the culture of peace and tolerance provided a proper ground for protection of the minorities rights. The content analysis of IRI constitution too showed that it considered the dimensions of minorities rights including political, cultural, and social, economic, and civil according to toleration principles, while 12, 15, 13, 19, 26, 64 principles are the main supporters in this regard. Notwithstanding, by considering jurisprudential bases in the Iranian constitution, to apply toleration principles perfectly, and, to move from the minorities toleration framework to the acceptance of and respect for minorities, multilateral identification of and implementation guarantee for the minorities rights based on the concept of interest, elements of time and place, ijtihad in the objectives, and by pragmatic approach, it is necessary human rights concept to be introduced seriously into the discussions of jurisprudential

One of the important achievements of the Islamic Revolution of Iran is the establishment of the "Court of Administrative Justice" in order to regulate the relationship between the actions of the government and the rights of citizens. But in spite its law was amended on average once every ten years but so far it has not been able to act as a regulator of its level, such as the French Council of State, in achieving the goals set by the legislature, so that every year the number administrative lawsuits against government officials and institutions is increasing. This inefficiency is the product of a series of obstacles and challenges in issuing and implementing its verdicts. This study, with the aim of reducing these barriers, and in response to this general question: what measures can be considered to improve the oversight of the Court of Administrative Justice and its better impact on the protection of civil rights in the system of the Islamic Republic of Iran? first identifies these barriers and challenges by descriptive-analytical method. Then, with a comparative approach to successful methods of issuing and implementing the verdicts of the French Council of State to improve the Court's oversight, achieved these

An important institution of the judiciary should be foreseen in the law of the court. its oversight territory extends to all executive actions of the government. that the reduction of the Court's oversight barriers has a direct impact on the restoration of citizenship rights.

There are different approaches to protecting children in the street situations. Criminal approach, support and approach is one of the leading approaches in the legal system of countries. The central right approach is one of the approaches presented by international documents and interpretation theory number 21 of the children’s rights committee in 2017, and in this approach the child has a special form in the street position, as well as legal, and in order to play such rights with the goverment and mechanisms of cooperetion and direct participation. In this paper, what the central right approach is studied and its adaptation to the laws and regulations of Iran has been discussed. The results of this study show that in Iranian laws and regulations, the right to freedom of assembly and formation of children in street situations, which is the most important right due to their situation, does not believe in the participation of such children in decision-making in their lives. To implement the Right-based approach, should be observed with respect to the situation of this class of children

Although the principle of openness of the trial plays a privileged and significant role in the realization and guarantee of a fair trial, it is nevertheless restricted in international human rights and domestic law instruments of Iran. In this regard, the main question of the present article has been to what extent the limitations and exceptions of public hearings as well as the scope of these exceptions and the procedures for their application in the Iranian legal system comply with the criteria accepted by international instruments? The research findings show that the examples of public trial exceptions in Iranian law (including public order, public decency, parties' claims in private lawsuits, preliminary investigations and juvenile litigation) - despite some differences and challenges - are largely consistent with its examples. Complies with international human rights instruments. Regarding the realm of exceptions to public trials, although the constitution absolutely emphasizes the need for public and political trials to be public, with the passage of the new Code of Criminal Procedure, these crimes are also within the realm of exceptions to public trials. Regarding the formalities of holding the court in private, the reference to the new Code of Criminal Procedure on the need to issue a decision to make the trial closed - despite some legal problems - has brought the Iranian legal system closer to international standards.

Human rights are rights that are realized from the birth of human beings and are independent of governments. In the Islamic penal system, in addition to emphasizing the deterrent aspect of punishments, there are many strict rules, especially on sexual crimes known as divine limits. However, there are many manifestations of depenalization that can be considered as manifestations of human rights in these penalties. Cases such as the multiplicity of witnesses or the special quality of testimony and confession, as well as the possibility of repentance in certain circumstances indicate the legislator's attention to the human personality of the offender and his/her human rights.In this manuscript, after reviewing and investigating the texts of criminal jurisprudence and scrutinizing the opinions of jurists, we found that although there is the intensity of action in the manner of punishments, due to the difficulty of proving such crimes and their special circumstances, as well as cases such as acceptance of repentance in special circumstances the objective has been deterrence and repentance of the offender and the educability of the offender and society.Key words: Human Rights, Sexual Crimes, Repentance, Depenalization

The purpose of this study is to examine arbitration, an institution that is used to resolve and eliminate hostilities between the legal and judicial systems of the world and the importance and sensitivity that exists in the general and specific human beliefs towards arbitration. Therefore, it is necessary to explain it in a descriptive-analytical manner with a jurisprudential and legal explanation, with a new approach and relying on Imami jurisprudence and the subject law of Iran to explain the dimensions of judgment in the general sense. The results of this study show that according to one of the most important sources of Imami jurisprudence, the Holy Quran: which indicates the fact that human judgments are not always correct and do not lead to the issuance of the verdict, the Qur'an considers any statement, stance as a kind of judgment and judgment He has taken into account that in this case it can be right or wrong and observing justice and installment by paying attention to the call of sound nature, referring to the Book of God, and the tradition of the Holy Prophet (PBUH) and the infallible Imams (AS) guarantee the legitimacy of judgments. He considers human beings to be right and vice versa. .

The issue of human rights has been recognized by the international community, with the support of the United Nations and the Security Council, as a universally accepted principle. By accepting and confirming its membership in the United Nations, a country is bound by all the requirements of its presence, and from then on, all its behavior and speech are measured by formal international treaties. Any violation of it means violation of the rights of others and non-compliance with national law, and leads to international reactions (from sanctions to military punishment). However, the compatibility and incompatibility of domestic laws with some global laws, such as issues related to children's rights, is inevitable and natural, which we will address in this study. Accordingly, the main question raised in this study is to what extent the laws of the Islamic Republic of Iran are consistent with the international human rights system in the field of children's rights? The hypothesis raised for the main question of this study indicates that despite the challenges of the laws of the Islamic Republic of Iran with the international human rights system, the dynamics of Shiite jurisprudence has wide scope in accordance with international human rights. In general, this study has been compiled to study the interaction of the Islamic Republic of Iran with the global human rights system with emphasis on the rights of the child in the framework of Islamic jurisprudence.

Protection of children dignity as a natural right has supposed the basis for religious ides and some international documents among children rights convention.Ignoring this right plays avital role in making challenges and damages for children. The figure for manners and Hadith from ImamRezaaswellas convention of children rights indicate elements of dignify in children.The most important question is that from an Imam Reza and convention ofchildren rights perspective what are elements of dignity?And then,What are the similarities and differences between these two schools.Studies illustrate from an Imam Reza and convention ofchildren rights point of view,elements suchas identity,training,security, justice, pro-freedom and non-oppressing are dignifying forchildren. Both of points have a fundamental different in ideology,foundation, methodology, content and executive guarantee.There are differences about preserving of children dignity in points of Imam compared with convention such as Islamic basics, prosperity ideology, Simple expression and without Sophisticated legal structures, various methodology, attention to dignity and moral rights, emphasis on the family and executive guarantee based onthefaith,spirituality andmundaneand otherworldly punishment.Therefore, many years before the convention was ratified Imam Reza presents comprehensive epistemologyfrom dignity andchildren rights in terms of value level, foundation, methodology,content and etc.This article examines thecontentof the narrations left by Imam Reza about the child and the content of the Convention on the Rights of the Child with the method of content analysis and in a comparative framework, thedignifying componentsof the child from the perspective of Imam Reza And compares the Convention onthe Rights of the Child, identifying their most important similarities and differences

The crime of embezzlement is one of the economic crimes that, despite the extensive efforts made for criminal responses, has not reduced the number of perpetrators. On the other hand, in today's society, non-criminal prevention, and specifically social prevention, has found a prominent place with the development of criminology. Among the teachings of Nahj al-Balaghah, there are many precise points in this regard, including that one of the important components of Imam Ali (as) in hiring government positions was piety and trustworthiness of his agents and his government policy of encroaching on the treasury by those who possessed it. It is worth noting. To this end, the present article, by appealing to the commands and recommendations contained in Nahj al-Balaghah, seeks to specifically address the social prevention strategies of the crime of embezzlement in order to reduce the incidence of this crime. In general, the results of this article try to present the preventive teachings of criminologists in a categorized and methodical way by adapting to the valuable book of Nahj al-Balaghah in the field of embezzlement crime, so that the executors of the criminal justice system can be required to implement it. The important question of the article is to what extent are the teachings of Nahj al-Balaghah consistent with preventive criminological approaches? This research has been done by analytical-theoretical method and with a functionalist approach.