Human Rights

International Human rights, especially women rights, in today's world is one of the main challenges of the Islamic world with International Law. In fact, one of the great allegation against Islam is about the violation of women rights in Islamic law. This is while in Islam, Human – even man or woman- is considered equal by specification of the verses of the Qur'an like” Surely the most noble of you in the sight of Allah is the most righteous among you” (al-hujurat/13). Islam however also recognizes that such equality does not mean that men and women are the same. It notes their different physical and emotional strengths and in view of this sets out their key roles in life. In this framework, the purpose of this article is to assess the misinterpretations of international women rights about some Islamic views toward women rights. This article’s objective is to highlight connections between the basic tenets of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the nature of Islam-based reservations. Also, it assess the question of the compatibility of the Sharia with modern international human rights law. Because it is a subject of enormous complexity and variation, detailed examination is restricted to two highly contentious subjects of Islamic family law – polygamy and the Divorce within Islam. The results show that the dispute between Islam and the West over human rights is not a conflict in dialectics but of perspectives, So that Islamic doctrines are compatible with modem norms regarding human rights. Likewise, the divergence between these two worlds are not fundamental clash, but actually the disagreement can be viewed as a cultural dialogue.

Universality of common human values embedded in declarations and international treaties supposed to be evident in the international human rights legal system but it does not mean that there were no intellectual discrepancies behind those instruments. Universality of human rights has its roots more than anything on theories of Jhon locke's natural law and Immanuel kant's rational ethics . But one of the earliest philosophers of opposition side against unity of human nature and universal morality at the embryonic stage was Nietzsche . Bringing forth the theory of will to power by adopting a psychological genealogy method Nietzsche distinguished between two moralities: Masters Morality and Slaves Morality . He attributed human rights as slave morality. Slaves revolted with the spirit of resentment and womanish deception against masters then introduced their own qualities as standard and universal . The Rise of Christianity and the Great French Revolution are amongst two biggest examples of such slave revolt in morality. With such a presupposition, trying by any effort to reconcile human rights morals with Nietzschean views seems to be unachievable. While reviewing past philosophical challenges, this article tries to analyze necessity of co-existence both international human rights legal system and Nietzschean world from a new perspective.

Today, arbitration has become the most popular means of resolving maritime disputes. Arbitration as a binding dispute resolution method is proposed and recognized in the seventh appendix of the 1982 Convention on the Law of the Sea. One of the important requirements of arbitration is the observance of fair proceedings, which according to the New York Convention of 1958 and the European Convention on Human Rights, is under judicial supervision at the stage of identifying and implementing arbitration decisions and at the stage of protesting the arbitration decision. Considering that arbitration is a type of private judgment, it is required to observe fair proceedings, as a human right, therefore, identifying the fair arbitration and guaranteeing the implementation of its non-compliance is of great importance. Identifying the principle of fair arbitration as a human right and guaranteeing its non-compliance in various cases, in order to violate the human rights of the parties, needs to be read. In the current research, with the analytical and descriptive method and using library sources and judicial procedure and according to the basics of human rights and international documents as well as international judicial procedure, the principle of fair arbitration to It has been recognized as an inalienable human right . And it can be said: the agreement on the cancellation of the right to object to the arbitration award has no effect on the possibility of requesting the annulment of the arbitration award due to non-compliance with the principles of fair arbitration. The request to cancel the arbitrator's decision that is outside the deadline can also be accepted by relying on the principles of fair arbitration, and in case of a request to implement the arbitrator's decision, the arbitrator's decision will not be able to be recognized and implemented.

International peace and security are one of the values ​​and aspirations of humanity in the world, and for all human beings, regardless of ethnicity, race, religion or nationality, enjoying a life of peace and security is a vital value. This common sense, the study of the history of human life, tells of bitter events and bloody wars that have disrupted the order of the international community and endangered peace and security. All factors have led to the implementation of any rules related to the public interest of the international community to solve this problem; International humanitarian law and human rights are part of international law that builds peace and security. They communicate internationally and exchange and coordinate with each other for the sake of international peace and security. This article will provide a comparative study of humanitarian law and human rights in the context of international peace and security and will answer the question of how human rights and humanitarian law contribute to international peace and security.  

The rights of citizens to provide Social justice, due to emphasis on the basic needs of human beings, known as one of the most fundamental principles in international documents of human rights and civil rights. It's indicators include the right to a fair life, right to health, right to education, right to social security, and right to work and employment, which in human rights documents, particularly in the International Covenant on Economic, Social and Cultural Rights, regarded as the second generation of human rights. Social justice, who has been noted specifically in the first, third and fourth chapters of Constitution of the Islamic Republic of Iran, are the same components that have been identified in international documents of human rights. These indicators will realize when all citizens have equal opportunity to take advantage of it. The government's obligation to support these rights is positive, and an obligation to urgent results and in some indicators the obligation of result, is increasing.

The issue of human rights has been at the center of the world community for seventy years, since the adoption of the Universal Declaration of Human Rights in 1948. Although it is difficult to define the concept of human rights, researchers believe that this concept can be extracted from those rules and norms that have initially been recognized by the majority of UN members in the form of declarations, statements, treaties, conventions, and Performance of Opinio Juris, and second, affect the behavior and conduct of political entities. The current study investigates the definition of human rights after the events of September 11, 2001. This review article argues that the concept of human rights was initially a general concept, but it evolved over time into specialized areas, such that in the third millennium and after September 11, 2021, security-related human rights issues have become more important than before, and different groups and minorities received more special attention. On the other hand, environmental and health-related human rights issues have emerged as compelling issues of the present, which have further broadened the scope of human rights.

Human procreation and its various features are among the most important topics worldwide. One of the areas of this analysis deals with international human rights documents because these documents show international trends in reproductive rights. Therefore, this paper aims to prepare a venue to understand the definition, nature or entity, scope and content, right - holder and duty bearer, and the obligations of duty-bearers regarding others’ reproductive rights in international human rights organizations. The findings indicated there is no specific and agreed definition of reproductive rights in these human rights documents. The theories (Hohfeld’s theory about a right, the Will - Choice Theory, and the Benefit - Interest Theory) cannot justify the nature of reproductive rights well. There are many epistemological challenges regarding the content and the scope of these reproductive rights and related states’ obligations in those treaties, which made the realization of these reproductive rights difficult or even impossible.

This paper explores the dynamics and influence of pro-Palestine movements in the UK, highlighting their role as critical agents of social change. Rooted in a rich history of social movements in the UK, these groups advocate for Palestinian rights and challenge the country's longstanding foreign policy alignment with Israel. By examining the diverse strategies and coalitions within pro-Palestine activism—from advocacy and media campaigns to legal challenges and grassroots mobilization—the study illustrates how these movements navigate complex political landscapes. Drawing on insights from 17 semi-structured interviews, it suggests the interrelatedness of local and global struggles for justice, underscoring the shared commitment to nonviolence, human rights, and international law. It emphasizes the unique position of the UK's pro-Palestine activism as both a reflection of domestic socio-political dynamics and a response to global geopolitical realities. It also reveals that many activists were previously engaged in various political causes related to justice before dedicating themselves to pro-Palestine advocacy. Ultimately, this paper seeks to illuminate the contributions of these movements to broader discourses of solidarity, resistance, and the pursuit of self-determination for the Palestinian people. This study also enhances the understanding of grassroots activism and its potential impact on international human rights advocacy.

The issue of human rights is currently one of the challenging issues facing the Islamic countries in international forums. Although The human right issue has had a different background in each Muslim country individually, yet the Muslim Countries face more or less some  similar challenges as a whole. This article is an attempt to explore the process of human right evolution in these countries and to identify the challenges ahead. The article argues that the challenges are theoretical and practical ones. It also argues that some of them are domestic ones and some are imposed by outside world. The article regards the  approval of the Declaration of Human Rights in Islam at the meeting of foreign ministers of the Organization of the Islamic Conference in Cairo in 1990 as a turning point in the evolutionary process partly due to the realization of the Universal Declaration of Human Rights in 1948, and partly to  the growing need and demand inside those countries.

The traditional conception of sovereign immunity, rooted in the notion of absolute state authority, increasingly conflicts with contemporary demands for justice and accountability. This article proposes a reconceptualization of sovereign immunity through an Islamic political framework that views sovereignty not as an inherent entitlement but as a divine trust (‘amāna’) conditional upon the realization of justice (‘ʿadl’) and the promotion of public welfare (‘maṣlaḥa’). From this perspective, immunity must serve the purpose of protecting legitimate sovereign functions rather than shielding violations of individual rights. By analyzing the evolution from absolute to restrictive immunity in international law and aligning it with Islamic governance principles, the study argues for a justice-centered model where immunity is granted selectively, contingent upon the sovereign’s adherence to ethical and legal obligations. This trust-based understanding ensures that sovereignty remains a mechanism for the preservation of human dignity and the prevention of oppression (‘ẓulm’), rather than a barrier to accountability. The article advocates for a normative shift toward recognizing sovereign responsibility as intrinsic to sovereign rights, offering a new lens through which contemporary debates on immunity can be assessed.

This research article examines legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

The idea and concept of human rights is today one of the most controversial areas of research and practice, both in the domestic law of individual states and in international law and the practice of international courts. It emerged in the Western political tradition of the Renaissance and the modern era and had its first practical application with the godless French bourgeois revolution that proclaimed the Declaration of the Rights of Man and of the Citizen. This idea of ​​abstract universal human rights, which supposedly belongs equally to every individual, was used from the start to systematically violate all possible rights of individuals who belonged to the nobility and clergy, but also of ordinary people who wanted to remain loyal to their religious tradition, as best witnessed by the massacres committed in the Vendée.This article explains Working on the Return of the Personalist Concept of Human Rights: from the Universal Declaration to the Documents of the Russian Orthodox Church.

In the course of the 20 th century, Islamic human rights Instruments and documents have been issued as a result of conferences of Muslim scholars, sometimes through exchange of opinions with European human rights experts, and initiated by different Muslim countries. On the whole, these instruments/ documents have been mostly welcomed on the international level; partly they were the result of intercultural and interreligious dialogue. On the one hand, international experts on human rights became aware of the rich heritage of Islam in terms of collective and individual rights - on the other hand, the question arose if and to what extent the Islamic corpus of rights – enshrined in the Sharia’s – can be in accordance with the International Declaration of Human Rights of 1948. Islamic scholars as well as western human rights experts, both from their perspective, have analysed which differences or communalities exist, what their roots are and how they may influence the legal status of people in an Islamic or Eastern or Western context. The aim of such scientific approach should be to ensure that human beings have access to guaranteed rights and can expect protection when exercising those rights. In this paper I will try to present an overview on relevant discussions and developments, based on literature.  

This research focuses on analyzing the extent of Muhammadiyah's role in translating the human rights narrative and its relationship with Sharia principles, which are the guidelines in its movement to protect vulnerable groups of victims of human rights violations in Indonesia. Through Al-Ma'un theology, Muhammadiyah has transformed the discourse of human rights within religious contexts but also in practical efforts to protect vulnerable groups of victims of structural human rights violations and victims of national strategic projects, such as in the Wadas andesite mining case, the Rempang Eco-city case, the Pakel agrarian conflict case, the Trenggalek gold mining case, and various other cases. This research seeks to answer the following questions: (1) To what extent does Muhammadiyah play a role in disseminating human rights discourse in Indonesia? (2) How can the model of protecting vulnerable communities affected by human rights violations by Muhammadiyah be a best practice for the protection of human rights and also for the movement of civil society in the Eastern States? This research employs a socio-legal approach to identify struggles in defending the rights of vulnerable groups in Indonesia. Through an examination of its organizational pronouncements, advocacy initiatives, and grassroots activities, this paper explores the extent to which Muhammadiyah actively contributes to the protection and promotion of human rights for vulnerable populations in Indonesia, highlighting both its potential and its limitations in navigating the intricate landscape of human rights within a predominantly Muslim nation. Ultimately, this research contributes to a nuanced understanding of the role of Islamic civil society organizations in shaping and implementing human rights agendas in Indonesia and beyond.

Human rights, grounded in the protection of human dignity, have a normative nature transformed the traditional structure of citizenship rights. This transformation has extended citizenship rights into the realm of international law. Consequently, citizenship rights and their associated concepts are now defined more by universal human rights laws than by the national interests of states. This process suggests that human rights serve as a primary principle, governing over citizenship rights. It also implies that, through developments in the theoretical foundations of citizenship, there may be a need to revise state constitutions or demand narrow or broad interpretations of constitutional laws. The procedures of the International Court of Justice, including its efforts to redefine nationality and citizenship and to identify the customary law of international law in terms of human rights requirements, reflect this transformation. Accordingly, the traditional definitions of citizenship and related concepts, such as nationality, are evolving, highlighting the need for new interpretations. A reinterpretation of citizenship rights, informed by human rights values, suggests a shift in the legal principles that govern the traditional perspective on citizenship.

The rapid advancement of genome editing technologies, particularly CRISPR-Cas9, has revolutionized biomedical science while raising unprecedented ethical and human rights concerns. This paper examines the implications of genetic engineering through a human rights lens, focusing on three critical challenges: threats to equality from potential genetic enhancement, consent paradoxes in germline editing, and emerging forms of genetic discrimination. Using an interdisciplinary methodology that integrates bioethics, political philosophy, and international law, supplemented by case studies like the He Jiankui affair and DIY biohacking movement, the study reveals how current governance frameworks remain inadequate against these challenges. Key findings demonstrate that unequal access to genetic technologies risks creating "genetic privilege" and new forms of biological stratification, while germline interventions pose unresolved intergenerational justice issues. Furthermore, existing protections like GINA fail to address contemporary genetic privacy risks in direct-to-consumer testing and data commercialization. The paper proposes a tripartite governance model combining international cooperation (through WHO/UNESCO frameworks and a global registry), adaptive national policies (including regulatory sandboxes), and strengthened institutional oversight (with mandatory ethics training). These recommendations aim to balance scientific innovation with ethical safeguards, preventing genetic technologies from becoming tools of inequality while harnessing their therapeutic potential. The conclusion emphasizes the need for ongoing monitoring of social impacts and development of culturally sensitive implementation strategies, as the genomic revolution continues to challenge fundamental notions of human dignity, equality, and self-determination in the 21st century.