Research Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601Supporting Measures for Witnesses, the Informed, Victims in Organized Crimes11810457610.48308/ihrd.2019.104576ENNazaninAbbaspour EkderStudent in Criminal Law and CriminologyMaryamAfshariDepartment of Law, Damavand Branch, Islamic Azad University, Damavand, IranJournal Article20240606The protection of witnesses, both from the perspective of individual rights and from the perspective of public good and social expediency, has always been the focus of legal schools because witnesses and the informed either in terms of the type of crime, such as testifying in security crimes, or in terms of the status of the criminal, such as testifying against special criminals or the status of the witness, such as infancy, gender, or recent financial need can play an important role in the case of organized crime due to. Therefore, this article aims to support measures for witnesses, the informed, and victims of organized crimes. From this point of view, after expanding the conceptual space of the subject and expressing its problematic aspect, it will investigate the importance of organized crimes and the protection of witnesses and informed. According to the subject documents, presented in this research, the research method is descriptive-analytical and the method of collecting data in this research is the library. The findings of this study indicate that one of the most effective and efficient approaches to support witness and the informed is to predict the protective measures in criminal law (substantive and formal) in the form of non-criminal protection and criminal protection measures.https://ihrd.sbu.ac.ir/article_104576_8b06dc6ad19851a03f4d4bb6f1536bb6.pdfResearch Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601“Legal Capacity” Under the UN Convention on the Rights of Persons with Disabilities: In Support of Supported Decision-Making11310457710.48308/ihrd.2019.104577ENStephen A.RosenbaumSchool of Law and Visiting Researcher Scholar, Othering & Belonging Institute, University of California, Berkeley; Part-Time Lecturer (2020-23) & Faculty Affiliate, Disability Studies Program, University of WashingtonJournal Article20240606The United Nations Convention on the Rights of Persons with Disabilities (CRPD), which entered into force in 2008, has been ratified or acceded to by 183 countries. The author examines the elusive juridical notion of “legal capacity” set out in Article 12 of the Convention and the concomitant concept of “supported decision-making” (SDM). States Parties to the CRPD reaffirm that persons with disabilities have the right to “recognition everywhere as persons before the law” and “enjoy legal capacity on an equal basis with others” in all aspects of life. Parties also agree to “take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity” and to ensure that these measures “provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law.” Some signatories registered Declarations or Reservations regarding Article 12, on the distinction between rights and performance or capacity to act. This includes nations where Islamic influence is strong. SDM is cherished in the disability community as the antidote to guardianship and other antiquated frameworks for governing the lives of people with mental health, psycho-social and intellectual disabilities. References to disability (and cognitive disability in particular) are found in the Qur’an and other Islamic texts and in contemporary commentary and legislation in Muslim majority nations. Closely intertwined with the concept of legal agency is the last core Article 12 element: implementation of decision-making with support. The analysis in this article relies on CRPD Committee commentary as well as cultural, religious and secular interpretations, and on reflections based on the author’s personal experience.https://ihrd.sbu.ac.ir/article_104577_3258b1751ded652ef5d6fe205aa0b853.pdfResearch Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601Security Risks of forming Salafi Government of the "Islamic Emirate of Afghanistan" in the Era of the Fourth Industrial Revolution11210457810.48308/ihrd.2019.104578ENSeyyed MuhammadrezaMottaghiIslamic Azad University, South Tehran BranchSeyyedehSomayyeh MottaghiGraduate of theology, Semnan UniversityJournal Article20240606Salafi currents (Salafists) believe in the formation of a society and government such as “Al-salaf al-salih” society and government and they reject the alterations in governance and social relations in the last 1400 years or so. Also, they presume that, one of Muslims’ duties is to return to those rules and regulations. Although the majority of these movements believe these cases in the field of humanities, they not only allow the use of modern advanced and development tools but even invest in their development for their purposes. While “Islamic Emirate of Afghanistan” is one of this opinion’s children and they determine a local definition to return to “Al-salaf al-Salih” , but the same creator and proximity to Salafi- terrorist groups , including “Al-Qaeda”, “Haqqani network” and etc. make it possible to create a safe global base for Salafi terrorist groups; The importance of this issue increases when it can predict the potential for serious threats to global security due to the advancement of technology and the proximity of this government to China as one of the two sides of this field, the existence of financial capital, furthermore, industrial universities and relatively well-equipped laboratories in this land (due to 20 years of NATO and other countries); The danger which in the era of the Fourth Industrial Revolution, with the spread of artificial intelligence, self-driving cars and, even cyborgs, etc., will be much wider than before. This essay through the descriptive-analytics method intends to warn of these risks, threats and suggests and examines the needs to create a global coalition to deal with them.https://ihrd.sbu.ac.ir/article_104578_5285f00b40c2dcad1add5add0323f8f7.pdfResearch Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601Sadr al-Din Shirazi (Mulla Sadra) and Natural Human Rights11610457910.48308/ihrd.2019.104579ENAliasgharYazdanbakhshStudent in the Transcendent Philosophy at Ferdowsi University of Mashhad, IranJahangirMasoudiAssociate Professor at Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, IranAbbasJavareshkianAssociate Professor at Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, IranJournal Article20240606The concept of ‘natural human rights’ serves as a pivotal fundament in the Universal Declaration of Human Rights and is among the most commonly discussed topics in today’s world. Belief in natural rights for humankind means that, humans, qua humans, have a natural and inherent right, apart from any type of contract/convention or command. This paper sought to address whether such a view could be attributed to <em>Mulla Sadra</em>, considering he never addressed this question seriously or mentioned it in his writings. To this end, we needed to indirectly pursue the issue; we did this within the framework of <em>Mulla Sadra</em>’s perspective on ethical values. The data were gathered through library research and the conclusions were reached using a logical, deductive method. The results showed that <em>Mulla Sadra</em>’s belief in decency (good) and obscenity (evil) would indicate his acceptance of natural human rights. Although the discussion of rights is apparently different from the discussion of ethical values, these two topics can be linked according to some views; the foundations raised in one area can be extended to another, and we may conclude that, although <em>Mulla Sadra</em> did not expressly state his acceptance of natural human rights, his ideas were in conformity with inherent natural rights based on evidence and rational reasoning taken from his moral views.https://ihrd.sbu.ac.ir/article_104579_dce235d43ceb95464424444b69538366.pdfResearch Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601The Influence of Hugo Grotius' Thoughts on the Contemporary Law of Armed Conflicts11910458010.48308/ihrd.2019.104580ENMohammadSaberradAssistant Professor in Department of Law, Faculty of Human Science, Islamic Azad University. North Tehran Branch. IranSeyed SaeedDaeioleslamPhD Student in Public International Law, Islamic Azad University, North Tehran Branch., IranJournal Article20240606There are numerous rules and principles in the law of armed conflicts today that are reflected in the Charter of the United Nations, the Geneva Conventions and other international instruments. The role of valuable notions of theorists cannot be denied. Hugo Grotius is one of the theoreticians in the sphere of “Jus ad bellum” and “Jus in bello” who has attempted to regulate wars. In this study, we will use a descriptive-analytical approach to answer the questions of what Grotius's view about state sovereignty and the Just causes to start war was, and also how much the principles and rules of contemporary law of armed conflicts has been affected by Grotius' thoughts. Grotius considers the law of nations to be based on the consent of states, and just causes of war, in his view, include defense, compensation, and punishment. The principles that exist today in the law of armed conflicts, such as the principles of proportionality and necessity, sovereign equality of states and non-interference, as well as humanitarian intervention in the event of a gross violation of human rights, have existed in Grotius's thought. Also, the human behaviors that require the humanitarian rights of states to adhere to the general principles of humanity in wars are to some extent influenced by his ideas.https://ihrd.sbu.ac.ir/article_104580_e7b4fd5c0e9ee8c3a3839a069bb2c599.pdfResearch Center and UNESCO Chair for Human Rights, Peace and DemocracyIslamic and International Studies on Human Rights and Democracy3120190601Barriers to Immigrant Defendants’ Access to Justice during the Prosecution Phase in Iranian Criminal Justice System11310458110.48308/ihrd.2019.104581ENMehrdadRayejian AsliAssistant Professor of the Institute for Research & Development in the Humanities (SAMT)FaribaAllahyoorti DehaghiTarbiat Modares University (TMU). Tehran, IranJournal Article20240606Access to justice consists of equal enjoyment and fulfillment of all members of society, especially those potentially, deprived of rights e.g. vulnerable groups, from high quality legal services, access to judicial structures such as juries and the use of necessary mechanisms to achieve fair and just verdicts. The present article aims at addressing the status of immigrant defendants in Iranian criminal justice system in the light of the notion ‘access to justice’. Results of the study indicate that immigrant defendants living in Iran, including Afghans, Pakistanis, Indians, Arabs and Tanzanians, experience significant obstacles in criminal process. One of the main causes is lack of laws and provisions, especially those assigned for immigrants in different stages of proceedings. Another reason is driven by Iranian criminal justice system. For example, high numbers of cases made administrative authorities out of enough time for clearing up the process, defendant’s rights and decisions made about defendants. Another reason is related to the defendant according which illegal immigrants are not as confident as legal immigrants in criminal process. Consequently, eliminating current obstacles needs to take action in different aspects such as amending the related laws and provisions.https://ihrd.sbu.ac.ir/article_104581_d98506f209107f72e754036e1c6c36fe.pdf