https://humanrights.mofidu.ac.ir/ The Journal of Human Rights en daily 1 Sun, 22 Jun 2025 00:00:00 +0330 Sun, 22 Jun 2025 00:00:00 +0330 https://humanrights.mofidu.ac.ir/article_735170.html https://humanrights.mofidu.ac.ir/article_732535.html This article examines the methodology, implications, and requirements of two competing perspectives on the relationship between God and human morality and reason: the view of "God as a supra-moral/supra-rational agent," which the author defends and terms "Modern Traditionalism," and the view of "God as a moral/rational agent," referred to as "Traditional Modernism." The article demonstrates that, contrary to common belief, it is the second view that, by equating human rules and laws with divine commands, paves the way for fundamentalism and facilitates extremist, ISIS-like interpretations of religion. Furthermore, the article shows that the Traditional Modernism perspective aligns with pre-modern methodological approaches in at least two respects. Then, through three arguments, it is shown that a fundamentalist and ISIS-like approach to divine commands is the first consequence of this view; the generalization of the audience of divine commands and prohibitions - from the infallibles to all people at all times and places - is it's second consequence; and the third consequence illustrates how Modern Traditionalism can resolve or dissolve the apparent contradictions between propositions expressing divine commands and those expressing human laws. The article concludes that the core tenet of Modern Traditionalism - namely, that the primary audience of revelation was the Prophet and the Infallibles (peace be upon them) - limits the potential for misuse of religion and offers a framework more consistent with modern rationality. https://humanrights.mofidu.ac.ir/article_732575.html Children are the most vulnerable group of human society due to their physical and mental disabilities. This is why there is no doubt in protectting children, especially in special and dangerous situations such as cases of child abuse, conflicts and family problems. Among these protections are support and legal services for them, which are done in the framework of legal aid. But unfortunately, this important issue has not been considered in our country and for this reason, Legal aid for children is explained and implemented in a traditional manner, like ordinary citizens, alongside them. In this article, taking into consideration the requirements of childhood, child rights standards and necessities, as well as the developments in developed countries, an attempt has been made to present the concept of legal aid, the basics and new and efficient mechanisms for legal aid for children (Children's Rights Clinic, friend of the court, Child Legal Empowerment, Street law). https://humanrights.mofidu.ac.ir/article_709654.html  Energy projects are big economic ones that have winners and losers. The challenges of energy for those who are subject to negative energy aspects such as pollution, forced migration, paying high energy tariffs threaten a wide range of human rights. At the international level, because of the late identification of energy relationship with sustainable development and climate change in order to reduce poverty, inequality and environmental protection, energy policies are renewing and transition to low carbon energies. the energy justice movement recently emphasized the necessity of achieving a global energy system without discrimination, reliable, low cost and suitable for current and future generations, and to reduce the effects of energy systems at local, regional and global levels, in an effort to reform the old energy systems and establish new systems of justice and move from theory to practice. This research shows that according to the concepts of human rights which they emphasize on principles like non-discrimination, equality and empowerment, how is the existence of a clear and human rights oriented approach for equitable access to energy, frameworks to address, promote and expand the individual and social spheres of human rights for current and future generations. https://humanrights.mofidu.ac.ir/article_729347.html Article 11 of the International Covenant on Civil and Political Rights states: No one can be imprisoned just because he is unable to fulfill his contractual obligation. In the common understanding, this article has been interpreted as a guarantee preventing the imprisonment of debtors or the prohibition of imprisonment due to non-fulfillment of contractual obligations. the question is whether it is possible to consider the subject and purpose beyond its appearance in the form of an evolutionary interpretation? In this article, it has been stated that article 11 seeks to identify the justified border of government intervention. The purpose of this article is that the government should not use criminal means in matters based on private law and what is not in the framework of public goods. This article, as a fundamental rule in criminalization, has declared one of the impermissibility of government intervention and has limited the scope of criminal intervention to issues that are related to public goods and has emphasized the guarantee of individual freedom and security against unjustified government intervention. At the same time, relying on a unified interpretation of this article and other linked documents, it should be said that guaranteeing the public order is a necessary and not a sufficient condition for criminalization. https://humanrights.mofidu.ac.ir/article_716266.html The second generation of human rights emerges from a specific theological context and in contrast to the mainstream of economic thought. This means that concepts such as social justice cannot find a place within a system that relies on the free market and the sanctity of private property. This difference in foundations manifests itself in a wide-ranging conflict between advocates of the second generation of human rights (the left) and economic freedoms (liberals). Understanding the fundamental difference between these two spheres of human life, while at the same time understanding the global unity that both influence, requires an approach to their relationship that, while paying attention to their fundamental separation, focuses on the possibilities of each of these spheres, and suggests a way to moderate them in practice. https://humanrights.mofidu.ac.ir/article_717446.html One of the fundamental principles of observing the best expedient in penalization of juvenile delinquency is adherence to the welfare model. The welfare model emphasizes the reconstruction of the behavioral state/characteristics and desirable social receptivity with the aim of reforming. The requirement of commitment to this model is to pay attention to the legal/clinical dimensions. The legal aspects include the commitment to individualize the responds through the application of the modified approach, maximum and de-incarceration. The provisions of international documents indicate the acceptance of these dimensions and the normality of the welfare discourse in sentencing as a requirement or guidance; In this way, the commitment to modified punishment, the use of clinical variables, the avoidance of incarceration and the pluralism of alternatives to incarceration as indicators of individualization in this document observed. Iranian laws are faced with various legal inadequacies in the application of these dimensions. Emphasis on the severity of the crime, weakening of the minimalist approach to deprivation of liberty, the heterogeneity of the adjusted nature of responses, and the priority of guaranteeing the right over security are among these objections. The way out of these ambiguities is to de-authenticize non-clinical variables, determine the punishment based on the clinical situation, avoid the focalization approach and pay attention to the balanced criminal justice approach. https://humanrights.mofidu.ac.ir/article_728876.html The issue of shared responsibility arises before international courts when several international actors play a role in violating international obligations. On the other hand, determining the jurisdiction in these cases requires that those courts pay careful attention to points such as the jurisdiction of the investigating authority in the territory where the violation occurred or the control of the offending state over the territory or the injured parties. The method used in this essay is the method of doctrinal legal research using the cases of the European Court of Human Rights and international legal documents. This study examines the intricacies of determining jurisdiction within the framework of shared responsibility and concludes that the Court has adopted the traditional territorial approach to jurisdiction as a foundational principle in many cases. However, it has not limited itself to this approach. By establishing criteria such as "effective control" and "effective authority," the Court has expanded the scope of its jurisdiction to encompass extraterritorial human rights violations. On the other hand, the Court has examined and accepted the issue of its jurisdiction over injured persons who were under the effective control of a state using the same criterion. Ultimately, this study has concluded that the Court's practice in this regard is dynamic and evolving. https://humanrights.mofidu.ac.ir/article_728466.html The International Criminal Court (ICC) is founded upon a set of ethical principles, including the protection of victims, the fight against international crimes and criminality, the safeguarding of global peace, security, and well-being, adherence to the fundamental tenets of criminal law, and the rejection of morally reprehensible punishments. Accordingly, the Court’s nature, structure, and mission may be regarded as an embodiment of institutionalized morality in the contemporary world—a juncture where law and ethics converge. This study, by foregrounding the ethical foundations of the ICC, seeks to address a fundamental question: what conceptual and normative obstacles have thus far prevented Iran from acceding to the Rome Statute? Without claiming exhaustive coverage, the article identifies several key concerns as impediments to accession, including the perceived incompatibility of the Court with Islamic jurisprudential principles, the lack of religious legitimacy and validity attributed to the ICC, the potential erosion of national sovereignty and political independence under the obligations of the Statute, and the necessity of revisiting state practices and policies in light of membership requirements. Nevertheless, the analysis suggests that these challenges are not insurmountable. Through a constructive engagement between ethics, Sharia, and positive law, a viable pathway for Iran’s accession to this global forum of justice may be envisioned. https://humanrights.mofidu.ac.ir/article_719165.html This paper discusses tension between the principle of state immunity and accountability in cases of severe violations of human rights. Therefore, the central research question would be: within what framework, if at all, does a balance between upholding the principle of state immunity and accounting for gross human rights violations strike a middle ground between state sovereignty and protection of victim's rights?. The main hypothesis here is that an independent international compensation mechanism for victims of gross violations of human rights, rather than what exists under national courts, should be a solution to this problem. An analysis of the judicial practices of Italy, Greece, Germany, England, New Zealand, the Netherlands, Russia, Canada, and the United States is hereby made by using the analytic-descriptive method. The results reflect a wide range of policies, from the quite liberal Italian position to the very conservative English attitude. This paper concludes that an international compensation scheme would save the legal doctrine of state immunity while allowing justice to be accessible to victims and, further, helpful in providing a solution to this legal problem. https://humanrights.mofidu.ac.ir/article_731157.html In a world where international human rights monitoring mechanisms are becoming increasingly complex and multilayered,questioning the role and status of non-governmental organizations(NGOs)in these processes is not only a scientific necessity but also a practical imperative.Among these mechanisms, the Universal Periodic Review(UPR)—one of the few human rights instruments with global coverage—places all states,regardless of their political or geographical standing, under equal evaluation.Although this participatory process is formally organized among states,in practice,it remains incomplete and less effective without the active, purposeful, and structured involvement of actors such as NGOs.These organizations, relying on evidence, civic capacities, and an independent perspective, offer a complementary and alternative picture of the human rights situation.However, this participation is not without challenges; rather, it presents a field where opportunities and threats intersect. On the one hand, it enhances transparency, accountability, and the amplification of marginalized voices. On the other hand, it raises concerns about the credibility, neutrality, and political motivations of certain reports. Accordingly, this article, through a descriptive-analytical approach, explores the role of NGOs across three levels: report preparation, formal and informal engagement, and follow-up on recommendations. It argues that when NGO reports are well-structured, strongly evidenced, and include practical recommendations, they can attain the highest levels of impact and legitimacy. In this context, the article also provides an analytical case study of Iran’s 2025 UPR cycle. https://humanrights.mofidu.ac.ir/article_715303.html Artificial intelligence (AI) by integrating into weapons systems not only increased the autonomy of these systems, but also due to the lack or poor human control of their use, has highlighted the responsibility of states to protect humanitarian laws. Therefore, the question arises as to whether there are any IHL rules to limit the use of autonomous weapons systems (AWS) in armed conflict. The author believes that new technology does not necessarily need new laws. Although there is no international treaty on the use of AWS in armed conflicts, it is possible to design, regulate and develop the use of AI-based weapons in armed conflicts by resorting to the IHL principles- i.e. the principles of distinction, proportionality, humanity and the prohibition of unnecessary suffering on the one hand and by relying on the general obligations of states to ensure respect for IHL and specific obligations to legal reviews of new weapons, precautions in attack and arms control on the other. However, incorporating the principles of distinction, proportionality and precautions into AI is not yet technically possible or imaginable. Thus, significant human control is necessary to ensure compliance of AWS with IHL. Based on this fact, humanitarian law demands a human-centered approach for the design, production, development and use of military AI in armed conflicts. https://humanrights.mofidu.ac.ir/article_731837.html This article explores the role of the European Parliament in advancing human rights—particularly women’s rights and gender equality—in third countries, with a specific focus on Iran and Mexico during its ninth legislative term (2019–2024). As a norm-driven global actor, the European Union employs parliamentary diplomacy as a strategic instrument to promote democratic values and human rights abroad. Within this framework, the European Parliament seeks to influence domestic developments in third countries through tools such as resolutions, interparliamentary dialogues, and engagement with civil society organizations. Grounded in the theoretical perspectives of constructivism and social institutionalism, the study conducts a comparative analysis of the Parliament’s approaches to Iran and Mexico, aiming to identify the key factors that shape the effectiveness of parliamentary diplomacy. The findings suggest that success in this domain is contingent upon variables such as the internal political dynamics of target countries, alignment with broader EU foreign policy mechanisms, and the ability to build networks with non-state actors. By focusing on the gender dimension of parliamentary diplomacy, this research addresses a gap in the human rights literature and demonstrates that, while operating under the normative framework of global human rights discourse, the European Parliament has at times advanced strategic interests and challenged the legitimacy of political regimes in third countries. Methodologically, the study adopts a qualitative, descriptive-analytical approach. https://humanrights.mofidu.ac.ir/article_734065.html Surrogacy has emerged as a novel and complex challenge within the domains of private international law and human rights. This challenge becomes especially acute in the absence of harmonized domestic legal systems and aligned international obligations, potentially resulting in statelessness for a significant number of children born through such processes. This study, employing a descriptive-analytical methodology. explores one of the most intricate manifestations of legal conflict in the realm of nationality law: In situations where the surrogacy agreement or the parentage stipulated therein is not legally recognized by the child’s country of birth or the intended parents’ country of nationality, the child remains without a legal or civil identity. An analysis of different legal systems' approaches to surrogacy, along with an examination of relevant judicial practices and international legal instruments reveals that legislative gaps and the absence of global consensus regarding the legitimacy and legal consequences of surrogacy have placed children born through cross-border arrangements at risk of being deprived of the most fundamental human rights. In response to this pressing issue, the article underscores the necessity of revising national laws through a child-centered lens rooted in the principle of the best interests of the child, and calls for the establishment of preventive legal mechanisms to guarantee the attribution of nationality to these children. https://humanrights.mofidu.ac.ir/article_734589.html According to the standards of the Principles of Islamic Jurisprudence (Usul al-fiqh), in case of conflict between ruling concerning the Rights of the people and ruling related to God’s right, priority should be given to what is more important. Using a descriptive-analytical method, the present study has examined the foundations and textual-theological evidence of the precedence of people’s rights over God’s rights. According to the findings of the article, since the provision of good to humans is the goal of divine action and in the laws of Sharia, priority is given to respecting human interests, one must constantly adhere to the priority of human rights over God's rights. Decree of the reason (hokm al-aql), religious texts, ‎and a number of fundamental Islamic jurisprudential rules such as: "tolerance in divine ‎laws", "no harm", "beyond reasonable doubt rule", "precaution in blood and souls ‎of man", and "the precedence of more preferable in the case of two obligatory ‎duties" bear witness to and support this view that in case of conflict, one must act ‎in such a way that the rights of the people are not defeated and oppressed by what is known as God’s right (Hagh al-Allah). Accepting the primacy of rights of ‎people over God's rights as a rule can improve the position of human rights in the Islamic perspective.