Document Type : Research Article
Ph.D. Student in Modern Philosophy, Mofid University, Qom, Iran.
The moral and legal rights to sue a party do not always conform well. In cases where legal rights are not established, one may obviously be entitled to file a lawsuit against the action conducted outside the ethical frameworks. In contemporary legal systems, “the right to sue someone” must be based on statutory law; however, there are some issues which are not recognized in national laws or international right-oriented systems, but they have theoretical significance. Because some of these issues cannot be easily denied in terms of morality and just because they are not recognized, they cannot be rejected or undermined. In other words, a moral right shall not be denied merely because it is not recognized as a legal right.
Therefore, this article seeks to look at the moral right of the child born out of rape and prove that if a mother decides to keep and give birth to such a child, can the child bring a charge against the mother?
- Elsan, Mustafa (2005). “Theory of Right – Duty”, The Journal of Human Rights, Vol. 1, Issue 1, pp. 33-52.
- Fanaei, A., Hosseini, S., Hasankhani Taskoh, S. (2020). “The possibility of Moral Rights”, The Journal of Human Rights, Vol. 15, Issue 1, pp. 15-40.
- Moein, Mohammad (No Date). Farhang-e Moein, Tehran: Amir Kabir Press.
- Nabavian, S.M (2008). “An Inquiry into The Varieties of Right”, Marifat-I Falsafi, 5, No. 4, pp. 12-164.
- Nikkhah, Reza and Ebrahim AliAsgari (2015). “Hidden Role of Morality in Law”, Bioethics Journal, Vol. 5, No. 15, pp. 11-39.
- Talebi, Mohammad Hosein and Ali Talebi (2014). “Types of Rights in the Philosophy of Right”, Journal of Philosophical Theological Research, Vol. 16, Issue 1, pp. 7-32.
- “What is the Meaning of La-Zarar va La-Zerar?” https://www.islamquest.net/fa/archive/question/fa52520.
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