International Law
Ali Reza Jalali; Mohammadhasan Maldar
Abstract
Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based ...
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Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based on the procedure of the European Court of Human Rights, as an innovative and developed international judicial body, what elements should the courts consider when issuing a judgment in order to impose a punishment protecting the human dignity? After reviewing some judgments of the Court, the research concluded that by observing some formal and substantive principles such as justification of conviction, charge bargaining, ne bis in idem principle, citation of high quality laws, proportionality of offence and punishment and non-recourse to severely painful punishments, the human dignity of offenders is safeguarded. Accordingly, in case of non-observance of the mentioned principles, the legal systems would be exposed to serious human rights challenges, because states' lack of attention to the human dignity of criminals, would make the repressive nature of states to prevail over the fundamental rights of citizens.
Iraj Babaei; Morteza Torabi
Abstract
With the development of human rights in all aspects of human life, its impact on private law (horizontal relationship) and consequently on contract law cannot be denied. Human dignity has two individual and social aspects according to human nature. Human social dignity expresses rights such as freedom ...
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With the development of human rights in all aspects of human life, its impact on private law (horizontal relationship) and consequently on contract law cannot be denied. Human dignity has two individual and social aspects according to human nature. Human social dignity expresses rights such as freedom of employment, freedom of education, freedom of expression, freedom of religion and freedom of access to information that are necessary for social life in a democratic society. Regardless of which generation of human rights these rights are, the main question is how these rights apply in contractual relations and whether it is possible to waive or violate any of the rights enumerated through the contract. In this regard, while analyzing different opinions in the case of some European countries and the European Court of Human Rights, it can be said that in Iranian law, these rights are among the general civil rights that cannot be revoked by contract, even in part, and in case of violation of the mentioned rights, the result will be the annulment of all or part of the contract.
Hossein Rezazadeh; abbasali kadkhodaii
Abstract
International Environmental Law is one of the branches of international law that has been developed several decades ago, especially after 1970. Since then, the process of humanization of international law has begun and extended to various branches of international law. The humanization of international ...
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International Environmental Law is one of the branches of international law that has been developed several decades ago, especially after 1970. Since then, the process of humanization of international law has begun and extended to various branches of international law. The humanization of international law had begun with an individual-oriented approach, and changed to humankind-approach afterwards, which means it seeks to achieve common high goals among all humanity as a whole. International environmental law is one of the branches of international law that is influenced by this process and based on objective and subjective factors in the environmental field has a humankind-approach. To the authors, the influence of the dignity elements on the basis of invoking to human dignity in the field of environmental law and human dignity capacities, has led to humanist and the humankind-approach of environmental law.
Abstract
The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow ...
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The right to be forgotten is a relatively recent concept raised in the European Union and the United States. This right authorizes people to require deletion of information and data published on internet with their consent or by third parties; if a person applies this right, the others may not follow them via search engines and with the passage of time, different social stigma are not affixed to them. This right is not absolute and must be considered in conjunction with other rights such as freedom of expression and media freedom. Therefore, it is necessary, based on specific circumstances of each case, to determine, whether a deletion request is justified. This article, through a descriptive-analytic method, has studied this issue in the legal systems of the European Union, the United States, Iran and Imamia jurisprudence and concluded that in Iran, such right does not clearly exist and its legal recognition is necessary.
