International Law
Sattar Azizi; Keivan Eghbali
Abstract
IntroductionResearch Question(s) The right to development brings forth an approach to the development of human societies in which all human rights standards are considered and the economic development of the nation is fundamentally integrated into the human right to development. Although women make ...
Read More
IntroductionResearch Question(s) The right to development brings forth an approach to the development of human societies in which all human rights standards are considered and the economic development of the nation is fundamentally integrated into the human right to development. Although women make up half of the population of every society, they have always been facing discrimination in achieving their rights. It seems that providing a platform for women for their equal presence in any decision-making process related to human-rights-based development in their respective societies is one of the most efficient ways to facilitate women's achievement of the said right. 2. Literature ReviewRegarding the issue of the right to development and the ways to achieve it, some research has been conducted in Persian, among which we can mention “The Influence of Good Governance on Implementing the Right to Development” by Habibzadeh, et al. (2013). However, not much research has been done to address the issue of women's right to development to be achieved through public participation.3. MethodologyThis research, using a descriptive-analytical method, tries to examine the place of public participation in ensuring women's access to the right to development.4. ConclusionCreating a platform for the presence of women in the decision-making processes provides the opportunity to bring up the needs and the rights requested by women when society makes decisions about planning programs to advance development. In addition, it would provide the possibility of following up on the level of practical attention to women’s needs and priorities in the implementation of these programs. Facilitating the participation of women in the development plans and decision-making processes is an important step in improving their status in other areas such as raising their level of education, health, employment, security, and so forth; because they’ve had the opportunity to express their wishes and opinions in the formulation of the development plans, as well as in monitoring the implementation of these plans. Such participation can lead the way for women to continue a free life, which is the ultimate goal of the right to development.Ensuring public participation of women in the governing of society requires attention to the right to free, fair, equal, open, and transparent participation of the people in the democratic process of managing the affairs of their governments. The said right is considered the right of the people to enjoy a democratic system that allows them to participate widely in the various political, economic, social, and cultural affairs of their country, meaning they can participate in the regularization of relations between the governors and the governed. The important point is that the realization of women's public participation is unimaginable without the existence of tools such as the system of selective representation, a dynamic civil society, and free access to information.One can talk about the real participation of women in a society in determining their own destiny when the said society, in the first stage, has a type of representative system that gives the individuals the right to participate in the selection of the decision-makers, as well as the right to be elected as the decision-makers of the society. As stipulated in Article 25 of the Covenant of Civil and Political Rights, the right of citizens to elect and be elected should be considered as one of the basic elements of public participation.Another essential pillar in the path of realizing the participation of women is the existence of a dynamic civil society. Civil society consists of a wide range of non-governmental organizations formed around the general issues of society, such as seeking justice, religious matters, educational affairs, etc. Civil society plays an important role in informing the elites and the ordinary citizens to get aware of the needs of the public in decision-making. The important impact of institutions in civil society is to strengthen public participation by encouraging citizens to participate politically in the decision-making process. Civil society is considered a very useful groundwork for ordinary citizens, including women, to raise their demands and bring them to the attention of the society's political leaders. The Citizens who lack the support of organized power groups in many cases have less opportunity to raise attention to their demands.In addition to having the right to elect and be elected and the existence of a dynamic civil society, women's public participation is largely dependent on transparency and access to information; Information that should be free, relevant, up-to-date, understandable, and available to individuals and groups of citizens in order to make an informed choice. In other words, the right of access to information is a prerequisite for informed public participation by citizens, including women. The lack of free access to information is a big obstacle in the way of effective participation of women because if the women do not have access to information, they do not have a correct understanding of the discussed issues and will not be able to make appropriate and informed decisions regarding those issues.The experience of countries such as Tunisia or Botswana are good examples of how public participation can be used to voice women’s problems and needs for public decision-making for adopting development programs. This participation has had very positive effects on improving women's access to their rights in the development process of the aforementioned societies, by making it possible to include women's demands in the formulation and implementation of community development programs, as well as in monitoring the progress of these programs.Keywords: Women’s Right to Development, Public Participation, Free Elections, Dynamic Civil Society, Freedom of Media
Citizenship rights
Sattar Azizi; Zahra Ghadbeygi
Abstract
The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action ...
Read More
The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action of governments in combating the spread of coronavirus is the digital tracking of people infected by coronavirus in some countries. This article seeks to answer the following questions. First of all, due to application of this policy in which aspect or aspects of protection of privacy can the states intervene? Second, given that the imposition of restrictions must be done where necessary, the question arises as to whether the restrictions imposed as a result of the digital tracking of people infected or suspected of having the corona virus and its transmission to other members of the community were commensurate with the need to maintain the health of members of the community. An examination of the various measures taken in countries around the world shows that the restrictions imposed on privacy can be justified by simultaneously respecting the health of the citizens of the community as well as the provisions of international human rights law.
sattar azizi; Mohsen Akbari
Abstract
Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey ...
Read More
Military force of Turkey and Turkey-backed Syrian forces attacked Northeastern Syria on 9 October 2019. The concept of "safe zone" has been used in different terms in International Humanitarian Law. In this article, the legal status of the formation of a safe zone on Syria's Northern borders with Turkey is examined in the light of international law. The main question of this study is that under what conditions, the safe zone is acceptable in international law. Given the fact that the Syrian central government was opposed to the Turkish military invasion and the creation of the zone, and that there was even military conflict between the parties, and regarding the lack of authorization of the Security Council to establish a safe zone in Syria, Turkish military invasion and establishing such a safe zone was contrary to Article 4(2) of the United Nations Charter. On the other hand, Turkey's attempt to resettle Syrian refugees in the claimed safe zone, displaced from other parts of Syria, is being done to the detriment of the Kurdish population of Northeast Syria, and is in violation of international human rights and International criminal law.
sattar azizi; Siamak Karimi
Abstract
The Arab coalition’s military intervention in Yemen crisis (2015) which is led by Saudi Arabia can be studied through different aspects in the international law’s system. The secondary rules of international law which decide the breach of primary rules of international law and their consequences, ...
Read More
The Arab coalition’s military intervention in Yemen crisis (2015) which is led by Saudi Arabia can be studied through different aspects in the international law’s system. The secondary rules of international law which decide the breach of primary rules of international law and their consequences, is one of these aspects. Principally, each state is responsible for its own wrong doings, but in some cases, other considerations and necessities such as rule of law and reparation of injured party, requires a state to be held responsible regarding another state’s wrongful act. One of these cases is derived international responsibility which results from aiding or assisting another state which commits an international wrongful act. The use of cluster munitions by Saudi against positions in Yemen and armed this state with these munitions by third state/states could be examined in the light of the derived international responsibility. Using the principles of this type of responsibility, this article tries to resolve whether the third party state/states that have armed Saudi Arabia with cluster munitions, have responsibility in Saudis' usage of cluster weapons.
