As one of the most important branches of Law, International Humanitarian Rights tries to restrain an armed conflict as much as possible - in case, despite preventive action, it happens ...
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As one of the most important branches of Law, International Humanitarian Rights tries to restrain an armed conflict as much as possible - in case, despite preventive action, it happens - to decrease its destructive effects and to make it submissive to the regulations. To explain the views of religions particularly those of Islam as one of the most important religions in the contemporary world - which unfortunately sometimes is misunderstood and misinterpreted by even its followers - is of crucial significance. Referring to the Quranic verses and Islamic traditions this article tries to introduce Islamic views on the rules and regulations governing the parties’ relations before and after an armed conflict.
Multiculturalism is an emerging notion within human rights discourse based on unity in diversity. It is usually admitted that human rights is in favor of difference and diversity, and ...
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Multiculturalism is an emerging notion within human rights discourse based on unity in diversity. It is usually admitted that human rights is in favor of difference and diversity, and this was clearly affirmed during the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. However, even though the idea of multiculturalism has been developed in political science and philosophy, the legal discourse regarding multiculturalism remains very limited. Usually, human rights treaty bodies and international and regional tribunals are reluctant to use the term. One of the reasons is the lack of a precise legal definition. The paper proposes to explore: how human rights law is in favor of multiculturalism though it never specifically refers to it, the definitional problem and how the notion of legal pluralism is preferred to multiculturalism, the advantage in the recognition of multiculturalism from a legal perspective.
Today the modern mass media have an important role in the modern social order structure. There is intrinsic and mutual relationship between freedom of speech and freedom of information ...
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Today the modern mass media have an important role in the modern social order structure. There is intrinsic and mutual relationship between freedom of speech and freedom of information stemming from human rights standards. The free and open societies and public sphere regardless of ascendency or intersubjective and convincing relation are able to bring about and preserve free mass media that are the basic pillar of human rights and the related treaties. Freedom of speech is prerequisite for other individuals’ rights to be realized. Therefore, there is close relationship between human rights and media. Human Rights is one of the most essential achievements of the modern societies in order to reach peace and international security through the recognition of equal rights and freedom for human beings. Peace can not be established without free information, knowledge and freedom of speech as mentioned in the Charter of the United Nations and Human Rights Instruments. In the modern societies, freedom of speech is embodied in the freedom of communication and freedom of media.
Peace and security have always been considered as one of man’s concerns. The basis of peace and security should be sought in the theoretical foundations. However, the drafters ...
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Peace and security have always been considered as one of man’s concerns. The basis of peace and security should be sought in the theoretical foundations. However, the drafters of universal human rights have struggled to attain peace and security away from religious principles. The present article intends to introduce universal human rights in the light of religious teachings and elaborate on the related religious principles. It also deals with the distinctions between the principles governing the present world with regard to human rights and religious principles to show that if religious principles are seriously followed in the international relations, they will bring about perpetual peace and security for mankind. Therefore, Religion has a unique role in peace and security.
The fact that the parents enjoy some sort of freedom and prior right to choose the kind of their children’s education and training is in general accepted by religious texts as ...
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The fact that the parents enjoy some sort of freedom and prior right to choose the kind of their children’s education and training is in general accepted by religious texts as well as national and international laws and procedures. The main question raised by this article is that in case the parents or other lawful guardians of children including children of minorities, consciously or otherwise abuse this right –e.g. choose a way disordering the children’s social identity development process - how could this situation be reformed? This article tries to make it clear that based on the Islamic jurisprudence and legal analysis as well as some legal stipulations, the above-mentioned prior right of parents is not absolute and is limited to the best interest of the children. It is necessary, however, for the law-makers to act more actively making more comprehensive and more explicit laws to secure the children’s rights.
Human rights have been a controversial issue in the post-Cold War period. The controversy begins with the West’s assertion of the existence of a universal conception of human ...
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Human rights have been a controversial issue in the post-Cold War period. The controversy begins with the West’s assertion of the existence of a universal conception of human rights that is applicable to all peoples of the world. This paper explores the Vietnamese response to that assertion. A common point made by Vietnamese critics of Western human rights universalism is that such a claim is an abstraction from concrete historical experience. Rather than an abstract principle, Vietnamese thinkers tend to approach the issue of human rights as one that develops in the process of an ongoing struggle against oppression and inequality in human history.Vietnamese authors also reject the Western notion of human rights, as having its basis in the notion of an atomistic individual, with little reference to his/her social nature. Instead, Vietnamese writers argue for a conception of human rights that is based on the human being as deeply shaped by social relationships
In international human rights law the application of the principle of ‘equality’ along with the ‘preservation of characteristics’ have been considered as the ...
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In international human rights law the application of the principle of ‘equality’ along with the ‘preservation of characteristics’ have been considered as the corner stones of a system for the protection of minorities. Regarding the ‘right of minorities to identity’ the regime of ‘personal legal autonomy’ will be of special interest to this study. While this phenomenon in non-Muslim countries is very rare, it is a common policy in the majority of Muslim countries. Despite the advantages of this regime, its discriminatory aspects stand in contrast with the main principle of human rights law, i.e. the principle of non-discrimination. This paper undertakes a comparative study of the legislation and legal practices of different states, in order to discern the ways that the conflicts of religious laws might affect the principle of non-discrimination. On the concept of non-discrimination the study makes a distinction between discrimination on the ground of religion and discrimination in religious rights.
