mostafa fazaeli; Seyed Mojtaba Shakeri
Abstract
There are occasions when several human rights are to be enforced at the same time, but the exercise of all may not be possible in certain circumstances i. e., exercising a right by violating another one, known as the "conflict of human rights". In today’s world, where human rights are a concern ...
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There are occasions when several human rights are to be enforced at the same time, but the exercise of all may not be possible in certain circumstances i. e., exercising a right by violating another one, known as the "conflict of human rights". In today’s world, where human rights are a concern of governments and international organizations, and these rights have established a fundamental place in international documents and rules, the "conflict of human rights" would be regarded as a major challenge for the executives, including governments and the judiciary. Therefore, adopting a method to prevent or eliminate this challenge is vital. Achieving a suitable solution to face this challenge requires an explanation of the concept of human rights and awareness of its divisions, including absolute and non-derogable rights. A review of these divisions illustrates the point of conflict, which will help to resolve the dispute henceforth. In this article, while analyzing various solutions that have been proposed for resolving this problem, it is indicated that in different cases, depending on their circumstances, it is necessary to adopt a suitable solution or a combination of several ones to achieve the best result.
mohamad ssetayeshpur
Abstract
Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect ...
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Transferring right to reparation as a legal consequence of a state succession in public international law, regardless of how and the way the related succession has been occurred, has always been in dispute and controversial issue. Following the state succession, the issue of succession of states in respect of right to reparation, in the ways are allowed in public international law, seeks to scrutinize the feasibility of transferring such rights. Studying a conceptual framework of the conception in question in view of public international law, the present paper looking over opinions in favour of it and opposite views. At last, it concludes that transferring of the responsibility to the right to reparation in respect of succession of states should be disregarding of absoluteness and as a result of that, succession of states in respect of the right to reparation has been necessitated in international law which is necessary to achieveing justice and it represents a conceptual evolution in this human knowledge.
Abstract
Cultural Rights (CRs) are the most non-developed rights among human rights in the terms of normative content, the scope of implementation and legal enforceability. In this regard, the right of minorities and persons belonging to these groups to participate in their own life has been affected and neglected ...
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Cultural Rights (CRs) are the most non-developed rights among human rights in the terms of normative content, the scope of implementation and legal enforceability. In this regard, the right of minorities and persons belonging to these groups to participate in their own life has been affected and neglected more seriously. On 21 December 2009, the Committee on Economic, Social and Cultural Rights (CESCRs) adopted General Comment No. 21 on the right of everyone to take part in cultural life that could be accounted as a reference point in the protection of culture and cultural rights of minorities. In this Comment, the CESCRs gives solid substance to the norm through clearly defining its content and scope, the beneficiaries and the nature of the right, and the range of obligations it imposes on State Parties for its implementation; as such it could serve as a potential pillar for the protection, preservation, and promotion of minorities' culture, and consequently, CRs. The present study aims to investigate the achievements of General Comment No. 21 of CESCRs for the protection of culture and cultural rights of minorities.
