The Journal of Human Rights

1. The Morality of Peace in Pluralistic World: Introduction on New Political Philosophy

Mohammad Taghi Ghezelsofla

Volume 13, Issue 1 , June 2018, , Pages 35-66

http://dx.doi.org/10.22096/hr.2018.31619

Abstract

The author's purpose of this paper is to prove that political philosophy in the face of multiple challenges in political life need improvement and revision of its foundations. The argument ... Read More

2. Human Rights in the Time of Armed Conflicts: A Theoretical Study

Ali Ardestani; Elahe Kamjo

Volume 13, Issue 1 , June 2018, , Pages 67-90

http://dx.doi.org/10.22096/hr.2018.31582

Abstract

Due to the numerous armed conflicts between nations and governments based on, cultural and religious factors, the idea of peace and human rights have always been one of the main aspirations ... Read More

3. The Right to Neutral Governance, Religion, the State & the Question of Human Rights Compliance

Jeroen Temperman

Volume 12, Issue 2 , March 2018, , Pages 17-38

http://dx.doi.org/10.22096/hr.2018.92724.1065

Abstract

Universal human rights suffer from a lack of consensus on the question: what kind of internal state organisation can actually take these fundamental rights adequately into account? ... Read More

4. Limitations on Freedom of Religion and Expression under Muslim Legal Traditions of Apostasy and under International Human Rights Law

Kamran Hashemi

Volume 12, Issue 2 , March 2018, , Pages 39-72

http://dx.doi.org/10.22096/hr.2018.92717.1063

Abstract

Developing an approach to integrate religious legal traditions within modern universal values, as expressed through international human rights norms, is an important priority. The paper ... Read More

5. Can Human Rights to Welfare Survive Without Religion?

Siegfried Van Duffel

Volume 12, Issue 2 , March 2018, , Pages 73-100

http://dx.doi.org/10.22096/hr.2018.92721.1064

Abstract

Many contemporary authors fear that the proliferation of rights-claims may cause human rights to fall victim to their own popularity. If every good that is desired by one or another ... Read More

6. ISLAMIC RESERVATIONS’ TO HUMAN RIGHTS TREATIES AND UNIVERSALITY OF HUMAN RIGHTS WITHIN THE CULTURAL RELATIVIST PARADIGM

AHMAD ALI SAWED

Volume 12, Issue 2 , March 2018, , Pages 101-154

http://dx.doi.org/10.22096/hr.2018.92844.1068

Abstract

The legitimacy debate between ‘universal’ human rights and its apparent conflict with the Islamic value system (broadly characterized as the ‘relativist’ challenge ... Read More

7. Disclosure of Confidential Reasons in the Confirmation of Charges in the Practice of the International Criminal Court Glorifying Human Rights Achievements

javad salehi

Volume 12, Issue 1 , February 2017, , Pages 3-22

http://dx.doi.org/10.22096/hr.2017.30776

Abstract

The disclosure of confidential reasons the defendant under Article 67 (2) of the Statute is one of the duties of the prosecutor of the essential elements of a fair trial. The disclosure ... Read More

8. Constructing Citizenship through War in the Human Rights Era

Timothy William Waters

Volume 11, Issue 2 , January 2017, , Pages 85-100

http://dx.doi.org/10.22096/hr.2016.29852

Abstract

War’s historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern ... Read More War’s historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war – as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights – an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept this. Dominant discourses on citizenship in the liberal and cosmopolitan traditions focus on the individual as the unit of analysis and normative concern, and on his rights against the state. At the same time, the choice of how to construct citizenship – to whom to grant it or from whom to withhold it, and what content to give citizenship – is closely linked to questions of security and identity: citizenship either presupposes or purports to create some measure of common identity among citizens, and implies obligations as well as rights. This chapter argues that, in assessing legal and moral positions, this role – if not necessarily approved – must be accounted for to achieve a fuller understanding of how peace, war and rights are related. Human rights may be conceptualized as universal, but their application and specific content are often mediated through the state, and therefore understanding how states retain the ability to define the contours of citizenship, including through the effects of war, is critical to an understanding of the actual scope of human rights as a legal enterprise and a lived experience. The article will examine the formal limits placed on war as an instrument that could affect citizenship; then it will examine the evidence for war’s continued effect (through means such as differentiation between citizens and alien residents, expulsion of aliens, assimilation of refugee flows, and border changes); then it will advance an argument about how the factual effects of war interact with legal doctrine (such as through selective definition and interpretation of wars, perfection of wartime changes in peace treaties, and novel demographic changes introduced by peace treaties). The article considers the concepts of participation, loyalty, and treason; the evidence and implications of wartime propaganda; the rules and practice governing transfer of populated territory between sovereigns; the incentives that the laws of war create for individuals’ identification with the state; and the accommodation in peace plans of demographic change wrought by war. Principal reference is made to changes in citizenship status following the wars of the former Yugoslavia, the Algerian decolonization, the postwar settlement of Europe, and to the debates about the contours of citizenship in Israel and the Palestinian territories.

9. Promoting Peace, En‘forcing’ Democracy? The European Court of Human Rights’ Treatment of Islam

Edel Hughes

Volume 11, Issue 2 , January 2017, , Pages 129-154

http://dx.doi.org/10.22096/hr.2016.29854

Abstract

Contemporary Europe is undoubtedly a largely secular region where the notion that secularism and ‘progress’ are intertwined has long held sway. Religion in the public sphere ... Read More Contemporary Europe is undoubtedly a largely secular region where the notion that secularism and ‘progress’ are intertwined has long held sway. Religion in the public sphere is, for many Europeans, associated with emergent or conservative societies, whereas secularism is equated with modernism and seen as an indispensable component of modern governance. Recently, both domestic and European Court of Human Rights (ECtHR) case-law has highlighted the obvious tensions that arise in the manifestation of religion in the European public sphere. While Article 9 of the European Convention on Human Rights affords everyone the right to freedom of thought, conscience and religion (while allowing for certain limitations as imposed by domestic authorities), in matters related to religion, ECtHR has adopted a deferential attitude towards domestic authorities in the determination of the parameters of this right. This is reflected in the fact that it was not until 1993, some thirty-five years after the Court commenced operating, that a violation of Article 9 of the Convention was found. The Court’s jurisprudence on the Article is therefore somewhat troubling and nowhere is this more aptly illustrated than in the jurisprudence relating to the wearing of the Islamic headscarf. Recent case-law in fact suggests that in that the wearing of the headscarf is viewed both as being incompatible with the principle of gender equality and in direct opposition to the principle of secularism. Through the lens of recent Article 9 jurisprudence, this paper will assess the trends emerging in the European Court’s consideration of Islam. Discussion of relevant cases will include Dahlab v. Switzerland, Karaduman v. Turkey, Leyla Şahin v. Turkey, Refah Partisi (The Welfare Party) and Others v. Turkey as well as analysis of cases occurring at the domestic level, most notably the Teacher Headscarf Case of the German Constitutional Court and the English decision of R (on the application of Begum (by her litigation friend, Rahman)) v. Headteacher and Governors of Denbigh High School. This paper also seeks to challenge the ECtHR reasoning in the area of expression of religion (and particularly where that religion is Islam) by analysing the question of religion in the public sphere in the broader European context. There is in fact increasing evidence to suggest that Europe is undergoing a period of de-secularisation, a reality routinely ignored by the European Court of Human Rights.

10. Peace, Justice and Democracy in the Light of Good Governance

Hesam Naghibi Mofrad

Volume 11, Issue 1 , April 2016, , Pages 91-108

http://dx.doi.org/10.22096/hr.2016.25546

Abstract

The realization of good governance, while promoting justice through increased transparency, accountability and the rule of law and strengthening of democracy, can also be considered ... Read More

11. Analysis on Child Labor and its Impact on Child’s Right to Education with an Emphasis on International program on Elimination of Child Labor

Farhad Talaie; Samira Ahmadi Bab Anari; Seyedeh Leila Nabavizadeh

Volume 10, Issue 1 , April 2015, , Pages 3-24

Abstract

Child Labour is a phenomenin not any more acceptable in the modern world, mainly because it deprives children of their childhood and because it is harmful to their physical and mental ... Read More

12. Review of the interaction of Islamic Republic of Iran with the United Nations Human Rights Council from 2006 Until Now

Fatemeh mohammadi

Volume 10, Issue 1 , April 2015, , Pages 25-48

Abstract

Whenever we look at the concept of "human rights" from historical point of view, we can see that this concept with different changes and variables, has been much developed and evolved. ... Read More

13. A Survey of the Doctrine of Protection Responsibility in the Islamic Legal System with Emphasis on the National Security

Hossein Sartipi; Yousef Farzaneh

Volume 10, Issue 1 , April 2015, , Pages 71-88

Abstract

In spite of that international community have seen very huge progress in different aspects of international law , especially in humanitarian law , but unfortunately it is in front of ... Read More

14. Peaceful Human Coexistence in the Qur'an and the International Human Rights System

Mohammad Haassan Movahedi Savoji

Volume 09, Issue 2 , January 2015, , Pages 131-158

Abstract

Peaceful coexistence of human beings is an approach that considers peaceful life of people and the recognition of their social rights regardless of the rightness of school of thoughts ... Read More

15. Peace, Justice and Democracy in the Multiethnic Societies: Consociational Democracy with Emphasis on Comparative study of Iraq and Bosnia

Sattar Azizi

Volume 09, Issue 1 , May 2014, , Pages 23-48

Abstract

Restoration and maintaining peace, justice and democracy in the human societies is a matter that it`s achievement is too difficult due to economic and social gaps. It is obvious that ... Read More

16. Peaceful Human Coexistence in the Qur'an and the International Human Rights System

Mohammad Haassan Movahedi Savoji

Volume 09, Issue 1 , May 2014, , Pages 131-158

Abstract

Peaceful coexistence of human beings is an approach that considers peaceful life of people and the recognition of their social rights regardless of the rightness of school of ... Read More

17. Peace With Justice: The Grounds of Human Rights From a Faith-Based Perspective

Bas de Gaay Fortman

Volume 09, Issue 1 , May 2014, , Pages 47-59

Abstract

No Abstract No Abstract Read More

18. A Study of Mutual Effects of Human Rights and Peace

Farhad Talaie; Farzaneh Poursaeed

Volume 08, Issue 1 , April 2013, , Pages 85-122

Abstract

This paper studies how human rights and peace affect each other. The historical experiences of human societies have indicated that peace and human rights have had close connections ... Read More This paper studies how human rights and peace affect each other. The historical experiences of human societies have indicated that peace and human rights have had close connections to each other. These experiences have developed in the modern times so that nations and states are in the view that human rights and peace are complementary. Accordingly, achieving real and sustainable peace is impossible without respecting human rights and it cannot expect that human rights are fully respected if there is no peace. This interrelation has developed nowadays in a way that today the right to peace has become one of the examples of the third generation of human rights and a fundamental human right. This means that it is not possible to realise other human rights without realising such a right. In other words, the right to peace constitutes the basis of other human rights. This is because the first generation of human rights (that is civil and political rights) and the second generation of human rights (that is economic, social and cultural rights) and even the third generation of human rights (such as the right to development and the right to a healthy environment) cannot be realised if the right to peace is not respected. It is in this context that this paper examines such documents as the Charter of the United Nations (UN), The Universal Declaration of Human Rights, the UN Covenants on Human Rights, related resolutions of the UN general Assembly (in particular Declaration on the Rights ofPeople to Peace – Resolution 39/11, 12 November 1984, and Resolution on Promotion of Peace as a Vital Requirement for the Full Enjoyment of All Human Rights by All –Resolution 62/163, 18 December 2007) and resolutions of the UN Human Rights Commission and of the UN Human Rights Council in order to demonstrate how human rights and peace have been considered as dependent on each other so that the existence of one depends on the existence of the other. Finally, this paper concludes that full respect of human rights is not possible without peace and it is impossible to achieve sustainable and real peace in the world without fully respecting human rights. Accordingly, nations and states should make their best efforts to strengthen peace in the world through respecting human rights and to pave the way for realisation of human rights in the world by maintaining international peace and security. It is certain that human rights can be respected more effectively when states are in peace with each other. It is in such universal society that the interests of all nations are guaranteed and safeguarded.

19. Sovereignty of States and International Law Documents: Impressing or Impressed?

Heybatullah Najandi Manesh; Seyyed Ali Husseini Azad; Masoud Ahsan Nejad

Volume 07, Issue 2 , October 2012, , Pages 27-50

Abstract

Sovereign States which originally were the sole actors in international society, in the course of the humanization of international law have been submitted to some commitments ... Read More

20. Right to Social Security in Human Rights Instruments and in International Labor Organization (with a glance at some Islamic Countries Practices)

Seyed Mojtaba Hosseini Almoosavi

Volume 06, Issue 1 , April 2011, , Pages 61-84

Abstract

The right to Social Security is one of the rights which appears in two important instruments of human rights—that is, the Universal Declaration of Human Rights and the Covenant ... Read More

21. Human Rights and Armed Conflict: the European Experience

Steven Greer

Volume 06, Issue 1 , April 2011, , Pages 1-12

Abstract

No Abstract No Abstract Read More

22. The Relationship between Justice, Democracy and Peace in Plato’s Republic

Hassan Fathi

Volume 04, Issue 2 , October 2009, , Pages 3-20

Abstract

Without doubt, Plato’s Republic is one of the most influential works in the history of philosophy, specially, in philosophy of politics. Although we find all branches of philosophical ... Read More

23. Solidarity; Syncretism of Peace and Friendship

Seyed Mohsen Alavipour; Morteza Bahrani

Volume 04, Issue 2 , October 2009, , Pages 21-40

Abstract

Considered as a fundamental virtue in the classical political thought, “friendship” even outshined the other important virtues like “justice”. However, the emergence ... Read More

24. Preventive Measures Taken by Islam to Avoid Bloodshed and War with Non-Muslims

Mohammad Rasoul Ahangaran

Volume 04, Issue 2 , October 2009, , Pages 41-56

Abstract

It is important to prevent bloodshed and war to the extent that it is proper to pay maximum attention to prevention of conflict in comparison with trying to extinguish the flames of ... Read More

25. Terrorism, Religion and The Challenges Human Rights Face

Sajad Karimi Pashaki; Emran Alizadeh

Volume 04, Issue 2 , October 2009, , Pages 75-92

Abstract

Peaceful life is one of the first wants of human being which are always threatened with war, civil, regional and global conflict, organized crimes, terrorism, etc. Terrorism development ... Read More

Articles in Press

Current Issue

Volume 16 (2021-2022)

Volume 15 (2020-2021)

Volume 14 (2019-2020)

Volume 13 (2018-2019)

Volume 12 (2017-2018)

Volume 11 (2016-2017)

Volume 10 (2015-2016)

Volume 09 (2014-2015)

Volume 08 (2013-2014)

Volume 07 (2012-2013)

Volume 06 (2011-2012)

Volume 05 (2010-2011)

Volume 04 (2009-2010)

Volume 03 (2008-2009)

Volume 02 (2007-2008)

Volume 01 (2006-2007)

Main Subjects = International Law Number of Articles: 28

1. The Morality of Peace in Pluralistic World: Introduction on New Political Philosophy

Abstract

2. Human Rights in the Time of Armed Conflicts: A Theoretical Study

Abstract

3. The Right to Neutral Governance, Religion, the State & the Question of Human Rights Compliance

Abstract

4. Limitations on Freedom of Religion and Expression under Muslim Legal Traditions of Apostasy and under International Human Rights Law

Abstract

5. Can Human Rights to Welfare Survive Without Religion?

Abstract

6. ISLAMIC RESERVATIONS’ TO HUMAN RIGHTS TREATIES AND UNIVERSALITY OF HUMAN RIGHTS WITHIN THE CULTURAL RELATIVIST PARADIGM

Abstract

7. Disclosure of Confidential Reasons in the Confirmation of Charges in the Practice of the International Criminal Court Glorifying Human Rights Achievements

Abstract

8. Constructing Citizenship through War in the Human Rights Era

Abstract

9. Promoting Peace, En‘forcing’ Democracy? The European Court of Human Rights’ Treatment of Islam

Abstract

10. Peace, Justice and Democracy in the Light of Good Governance

Abstract

11. Analysis on Child Labor and its Impact on Child’s Right to Education with an Emphasis on International program on Elimination of Child Labor

Abstract

12. Review of the interaction of Islamic Republic of Iran with the United Nations Human Rights Council from 2006 Until Now

Abstract

13. A Survey of the Doctrine of Protection Responsibility in the Islamic Legal System with Emphasis on the National Security

Abstract

14. Peaceful Human Coexistence in the Qur'an and the International Human Rights System

Abstract

15. Peace, Justice and Democracy in the Multiethnic Societies: Consociational Democracy with Emphasis on Comparative study of Iraq and Bosnia

Abstract

16. Peaceful Human Coexistence in the Qur'an and the International Human Rights System

Abstract

17. Peace With Justice: The Grounds of Human Rights From a Faith-Based Perspective

Abstract

18. A Study of Mutual Effects of Human Rights and Peace

Abstract

19. Sovereignty of States and International Law Documents: Impressing or Impressed?

Abstract

20. Right to Social Security in Human Rights Instruments and in International Labor Organization (with a glance at some Islamic Countries Practices)

Abstract

21. Human Rights and Armed Conflict: the European Experience

Abstract

22. The Relationship between Justice, Democracy and Peace in Plato’s Republic

Abstract

23. Solidarity; Syncretism of Peace and Friendship

Abstract

24. Preventive Measures Taken by Islam to Avoid Bloodshed and War with Non-Muslims

Abstract

25. Terrorism, Religion and The Challenges Human Rights Face

Abstract

Main Subjects = International Law
Number of Articles: 28