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.