فصلنامه مطالعات راهبردی زنان
پیاپی 93 (پاییز 1400)

Universal Declaration of Human Rights and its two originated Covenants were signed and ratified in order to protect the basic rights of Human being and prevent him from more pain specifically after two world wars’ horrendous experience. Howbeit, the affirmation of these documents about the necessity of “protecting family institution” and different approaches of international and regional human rights institutions have raised some questions. The first question is that what is the philosophical and legal approach to family institution within the International bill of Human Rights? Contemporary International lawyers believe that the International human rights law system has experienced three generations of rights; the first two are about individual rights while the third one contains collective and group rights. According to this discussion, which platform is appropriate to protect the family institution? Based on analytical-interpretive method and through documentary review, this essay has investigated philosophical and legal debates in UDHR and Covenants in order to find the answers of aforementioned questions. The interpretive approach used in this article is "author and text centric" in accordance with the general interpretive rules of treaty law. Findings show that Human rights in its general terms, sense within the framework of the natural law, and the family has been considered in the mechanism of natural rights and has natural origin. Furthermore, the legal personality of family institution includes a unique individual-institutional approach in the Covenants.

The Islamic Revolution’s legal system has always tends to improve the quality of women's rights. From now on, there have been bills about rights of women. The latest legislative action in this matter is the "Dignity and Protection of Women against Violence" bill. This article intends to challenge the principles and solutions of the bill by analyzing its provisions. Therefore, the main issue of the article is "review of the principles and solutions of the bill" which is examined by descriptive-analytical method. The results show that the bill was written largely under the influence of international documents and the principles of feminism. It seems that this bill is not in line with the Islamic teachings and the Iranian-Islamic culture of our society. Therefore, the Islamic Consultative Assembly (Iranian Parliament) should not approve the bill. In the end, it is concluded that the solution of some existing problems should be pursued in the context of "family" and it is urgently necessary to replace the literature of "violence" with concepts in the islamic approach.

Breastfeeding, also known as natural nutrition, is recognized as a vital factor in the development and health of children. in most countries of the world, according to the recommendations of the World Health Organization and the existing sensitivities in the field of breastfeeding infants, the supply of formula milk is facing serious limitations. On the other hand, due to social, economic and security crises, the world is facing the challenge of increasing the number of displaced persons and refugees. Some countries around the world have set up temporary camps in their border areas with the aim of providing temporary accommodation and assistance to refugees. Large numbers of women and children are housed in these camps. Due to the provision of formula milk in these camps in the form of humanitarian aid, the nutritional status of infants and toddlers, as well as issues related to the health and development of the sample, has become a human rights concern. In this regard, the present study seeks to find a suitable answer to two questions by using analytical-descriptive method. First, is there a right under international human rights law about the right to breastfeeding? Second, if there is such a right, given the emergency situation in the refugee camps, how can such a right be enforced and secured? In some human rights documents, the issue of the right to breast milk seems to have been raised . The exercise of this right is an obligation of the governments establishing the camp.

Divorce is a social phenomenon that is intertwined with various elements of society, both micro and macro, and is interrelated with various areas of individual, family, institutional and structural. Accordingly, individuals experience different types of events in the divorce process, and due to the legal and judicial nature of divorce, one of the most important types is "legal experience", which refers to a type of experience of individuals during conflict and communication. It has a legal basis. This study is based on a semi-structured interview with divorced women (15 samples from Qom) and with a content analysis technique, richly describes these experiences to answer the question "How well do women view the legal process of divorce in Iran?" "And based on role-playing, which actors do they experience?" According to the findings, women's legal experiences in the divorce process take place at three levels: individual, institutional and legal. Among these, the individual level, especially the group of judges, is the most important category. As for the Iranian legal system regarding the issue of divorce, it must be acknowledged that individuals, especially judges and lawyers, play a role beyond anything else, including women's agency, related institutions and laws. Also, the dominant semantic unit in women's narrative of their experiences is related to the relationship that these experiences have with their "being a woman" and therefore the predominance of gender in various ways in dealing with individuals (especially judges), institutions (especially the judiciary) And laws have emerged.

Marriage, like any contract, has conditions that the parties agree on their existence and observance. Marriage is based on honesty more than any other covenant. However, after the occurrence of the contract, it is observed that in some cases, despite the agreements made, the opposite is discovered. The discovery of wrongdoing in a marriage contract has rulings that are very important for the couple to know and the legislative and judicial system. It is descriptive, analytical and inferential. Collection of materials is library method.  The discovery of falsehood after the marriage, as the case may be, has the following broad effects and rulings: annulment, annulment of the marriage with the sanctity of the next marriage (permanent or temporary), termination of the marriage, compulsion to fulfill the obligation, continuation of life Separation of residence, compensation, wife's request for divorce, non-influence of the contract, right to annul the marriage, punishment, enforcement of divine limits, prohibition of continued.

The Holy Qur'an, with its concise and eloquent expressions, has stated that all human affairs must be analyzed and explained in the light of other verses and narratives of the Imams (AS) and human thought. One of these interpretations is the phrase "dressed in clothing and clothing for the attire" addressed to men and the family, which introduced the husband and wife to each other. In this article, the author deals with descriptive-analytical method and with commentary, jurisprudence, law, and psychology books, expressing the moral and educational points of the verse. Some of these are related to the selection process of the spouse, which indicates that couples are eligible and the criteria for choosing a spouse. and some are related to the stage after the arrival of a common life, which makes the wife calm, makes her adornment, secret Moharram, the closest companion, the warming up of life, to avoid contamination and feelings of temperament, and introduce another complement ,and if it is not possible to continue living together, it is possible to divorce them through divorce.

One of the consequences of the social changes of the last century is the attention to women's rights and their individual and social status, especially in spiritual schools. Among Islamic thinkers, Ibn Arabi has described the position of women from a mystical-taste perspective and expressed their similarities and differences with men. The main question of the present article is what are the similarities and differences between women and men in Ibn Arabi's mystical ontology and what are the criticisms of these aspects? In a critical analytical approach to Ibn Arabi's views, the author has organized his view into two parts: similarities and differences. The result of this research is the sharing of men and women in the essence of humanity; in perfection and also in achieving the position of polarity. What is the difference between them in aspects such as: the subordination of women to men in the process of creation; The superiority of men over women intellectually and religiously; The active identity of the man along with the passive identity of the woman; The more complete intuition of God in woman; And the superiority of men over women. Almost all the differential aspects claimed by Ibn Arabi regarding men and women have been disputed and challenged .