نشریه پژوهش نامه حقوق بشری
پیاپی 26 (زمستان 1400)

In this article, the authors try to examine the concept of freedom through the descriptive-analytical method from the perspective of the three religions of Islam, Christianity and Zoroastrianism on the one hand and the political philosophy of Isaiah Berlin on the other; then analyze the outcome of his views on freedom of human rights discourse. In all divine religions, human freedom has been given great importance. The basis of all these religions is based on the principle that man is a free being and has the ability to choose. Isaiah Berlin distinguishes between the interference of others that leads to the deprivation of political freedom and the inability to have a desire and achieve a goal and the inability to achieve the goal does not mean the lack of freedom. Accordingly, in his analysis of freedom, he distinguishes between the two concepts of positive freedom and negative freedom. The debate over negative and positive freedom, like the legacy of Isaiah Berlin, has divided human rights thinkers into two groups. In classical human rights, the defenders of negative freedom have considered civil and political rights and freedoms as the main pillars of contemporary human rights, while for the defenders of positive freedom, welfare rights have been more prominent. Of course, government intervention in the development and sometimes the imposition of cultural rights for the defenders of positive freedom is the maximum intervention. It is worth noting that for the defenders of positive freedom, it is possible for the government to intervene, even in its criminal form, to pursue and provide common and collective benefits. And this could lead to authoritarianism in what Berlin calls positive freedom.

This paper seeks to capture the gradual process of acceptance and recognition of violence against- women-issue as a human right violation in the International human rights discourses. It discusses the role of four World Conferences on women and the Convention on Elimination of All forms of Discrimination against Women (CEDAW) in bringing the issue under International spotlight. While so doing it reflects on the silence, regarding the issue of violence against women, in CEDAW and the compensation of this omission in the form of General Recommendation 19 (interpretive procedure established by the Committee for Elimination of discrimination against women). It also illuminates some of the landmark developments in the United Nations human rights system to combat violence against women. These developments include, inter alia, the Declaration on Elimination of Violence Against Women (DEVAW), gender mainstreaming in the United Nations human rights mechanism and the appointment of Special Rapporteur on violence against women its causes and consequences. The final remarks include some considerations about large number of reservations attached to the CEDAW, which minimise its efficacy, and the lack of willingness of the state parties to withdraw these reservations.

According to the principles and components of the judiciary in Islam, the judiciary in the Islamic Republic has distinctive features and characteristics with Western judicial systems. Since Ayatollah Seyyed Mahmoud Hashemi Shahroudi played an important role in the quantitative and qualitative development of the Iranian judicial system, Here, referring to his works, we will deal with the characteristics of the judiciary in the style of the Islamic Revolution from his perspective. In this research, through library studies and analytical-descriptive method, we seek to answer the main question that: What are the characteristics of the judiciary of the Islamic Revolution to protect civil rights in government from the perspective of Ayatollah Shahroudi’s political and legal thought. A review of the collection of works by Ayatollah Shahroudi, which comes from his lectures and his positions in specialized meetings, shows that the judiciary can be effective in the evolution of the Islamic Revolution and protect civil rights when it comes to issues such as the realization of public rights, judicial ethics, effective fight against various corruptions in society, improving the quality of judicial and legal staff in the country, the need to provide superior ideas Legal attention to the excellence of the judiciary in various circumstances, continuous and reasonable efforts to prevent crime in society, preservation of human dignity in legal and judicial processes, independence of the judiciary, etc. Pay attention to these components will be strengthening the Judiciary as one of the requirements for the excellence of the Islamic Revolution in the field of promoting the components of civil rights.

The human rights system is a prominent structure that it’s foundation was laid with the descent of human being to the earthen world,and with the help of divine bases ,the teachings of righters and rational schools in the length of history is created and it’s moving towards evolution. This sturdy system is in the result of the countless struggles of it’s founders that with the help of the sprit of the bases of revelatory teachings ,school of natural law and the concept of justice and dignity ,have sacrificed their lives for it’s stability. From the point of view of philosophical nature ,human rights as a universal concept is among the philosophical secondary intelligible. The present article is the result of an attempt to make a context for the design of principles and goals of human rights system and the theory of substantial motion to achieve a common understandings between them. This theory expresses the continuous renewal of the existence of substance and permanent becoming (devenire in Latin) of the entity of the universe towards abstraction and pure actuality. The reason for approximation of these two systems of thought is that they are based on the elements of the universe of possibility ,namely man and the nature around it. On the other hand,these two areas of thought in universality, graduality , perfectionism, intensifying, wishing excellence, and basing on rationality are unanimous. In both fields of thought ,the origin of motion is the first matter(primal matter) of the material world, that is , the indeterminate matter,and the end is pure actuality and abstraction so the actualization of ideal transcendent goals. In mulla sadra’s transcendental theosophy ,there is a theory called “lobs after lobs” which states that the form and matter of one being in the arc of ascent ,becomes the matter of another form. This theory can be observed by studying statute structure of international human rights ,so that the conclusion of international conventions after issuance of non-binding declarations on the same issues ,without damaging to their credit ,indicates another adaptation. for example: conclusion of international covenants (1966) after the issuance of declaration of human rights (1948) or the conclusion on the rights of child (1989) after the issuance of declaration of rights of child(1959).