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1. International Law, Islam and the Universality of Human Rights Perspective: an Iranian Perspective

Author:
Mahmood Jalali and Safoura Bani-Najarian
Publication Date:
08-2012
Content Type:
Journal Article
Journal:
Iranian Review of Foreign Affairs
Institution:
Center for Strategic Research (CSR)
Abstract:
From the beginning of human life on earth, human needs have been crystallized in their relationship and interaction with each other. As a result of such an inter-relationship and interaction, it has been necessary for a body of law to exist that would specify humans' duties and obligations towards each other. Even though different regulations concerning human rights have been codified, human beings have not taken benefit from these rights on an equal basis. In fact, we see that throughout history, the oppressed have fought oppressors. In these protracted struggles, human beings continued to seek transcendental rights; rights they wanted to enjoy regardless of power and wealth, skin color and race. Based on this argument, if we look at the objectives and activities related to human rights, we can suggest that monotheistic religions also played a crucial part in promoting human rights. According to the findings of this research, although international law and Islamic international law both believe in the universality of human rights, without any doubt their nature and foundation differ. Nonetheless, there are numerous shared grounds and points between the two aforementioned bodies of law for whose study and utilization international human resources have to be used to forge unity and to protect world peace and security.
Topic:
Security, Human Rights, International Law, and Islam
Political Geography:
Iran

2. Iran and the Universality of Human Rights

Author:
Mehdi Zakerian
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Iranian Review of Foreign Affairs
Institution:
Center for Strategic Research (CSR)
Abstract:
A review of the events of the past decade and today's demands of the international community demonstrates how the expansion, inclusiveness and universality of the Universal Declaration of Human Rights and United Nations Human Rights Covenants serve the common interests of all United Nations member states and nations. Moreover, the consensus of the international community on a series of rules such as the ban on torture and slavery, right to life, freedom of expression and alike - collectively known as fundamental rules of human rights - is inviolable. These two presumptions influence the institutionalization of human rights norms and support for human rights in every corner of the world, including Iran. For this purpose, which strategy can Iran make use of in the process of the universalization of human rights? While many international relations and international law scholars claim that the universality of human rights is a bridge connecting security and progress, putting aside this claim, we propose an answer to the key question of what Iran's optimum strategy towards the universality of human rights should be. This research argues that since every country's culture and native, age-old cultural, religious and national beliefs possess relative grounds of inclusiveness and universality, Iran's optimum strategy should be to seek a cross-cultural character of the fundamental rules of human rights. The author assesses the formation of human rights treaties and Iran's positions, cultural distinctions and types of universalities. Moreover, this study reviews the reservations about, and particular interpretations of human rights as well as theoretical and academic debates concerning the universality of human rights. Lastly, the author discusses cultural relativism and the impact of the cross-cultural character of the fundamental rules of human rights on compromise between relativism and universality of human rights.
Topic:
International Relations and Human Rights
Political Geography:
Iran, United Nations, and Tunisia