Basic Rights Research Articles

From 'Mothers of the 'Nation' to 'Enemies of the State':

This paper explores how the colonial construction of Indigenous women as ‘unfit’ mothers of ‘inferior’ status justifies state interference in their lives, perpetuates other harmful stereotypes within the public consciousness and blames Indigenous mothers for their life conditions. Sterilization is but one weapon used by the Canadian state to violate Indigenous women’s right to reproductive autonomy, both historically and at present. Recent Canadian reports investigate Indigenous women’s claims to forced tubal ligation procedures and how coercion within colonial institutions stripped them of their power and identity through the removal of choice. Multiple class-action lawsuits are currently underway in Canada, where the voices of Indigenous women who have suffered the intergenerational impacts of colonialism in their daily lives and at the hands of western medical institutions are demanding justice and recognition of their basic human rights. Despite at least five generations of state-directed violence against them, Indigenous mothers continue to resist colonization of their bodies, land, and communities. Through reconnecting to their past, present, and future, Indigenous mothers are remembering their inherent roles and responsibilities as mothers of the nation. They have never forgotten their power nor their role as protectors of their people. They have always resisted. I aim to amplify the voices of Indigenous women in a country that has silenced them for too long and acknowledge that I by no means am interpreting their work through my point of view – I am giving them the space they deserve.

Universal Human Rights and socioeconomic disparities in Brazil: Dystopia to be propagated by the State

Universal Human Rights are the basic rights and freedoms necessary for all human beings to live with dignity. They are also those that oblige the State to promote the population's access to opportunities of all kinds, to the overcoming of social inequalities, to transparency in the use of power and to countless other rights. Thus, Brazilian society being placated by great socioeconomic differences and different social classes, in the face of the countless ills that engulf its population, because there is an urgent need for state intervention in favor of social welfare and popular participation in the democratic affairs of the State, so that the most serious problems of our society are diluted to the point of becoming non-existent. The effectiveness of Human Rights requires, therefore, efficient public policies on the part of the constituted power and organized civil society fighting for what is their right.

Genetic Enhancement, Human Rights, and Regioglobal Bioethics.

This article examines the cross-cultural bioethical concerns stemming from the potential use of CRISPR-Cas9 for genetic enhancement projects. It emphasizes the need to differentiate between basic and non-basic human rights when considering genetic enhancement, as recent international declarations lack this distinction. Basic rights possess a universal nature and are applicable across cultures, while non-basic rights are culturally specific and should be determined within respective regions. To illustrate this, the study explores the acceptance or rejection of non-basic rights related to genetic enhancement in two distinct cultural categories: Type-A and Type-B cultures. Type-A cultures predominantly adhere to a liberal moral framework, while Type-B cultures are rooted in Confucian morality. Additionally, the article argues for two basic rights in genetic enhancement: the right to be free from bodily harm and the right to be free from deception. These rights differ from non-basic rights and should be universally upheld in all cultures. By analyzing a hypothetical case and drawing parallels with the He Jiankui incident, the article investigates the violation of these two basic rights in each scenario, regardless of cultural context. Consequently, both cases should be unequivocally rejected in both Type-A and Type-B cultures.

Konsep dan Urgensi Konstitusi dalam Kehidupan Berbangsa dan Bernegara

This study explores the concept and urgency of the constitution in the context of national and state life. The Constitution is a fundamental legal document that provides a framework for the organization and operation of the state, as well as establishing the basic rights of citizens and limits on government power. The constitution also plays an important role in maintaining political stability, ensuring justice, and protecting human rights. The urgency of the constitution is reflected in its function as a basis for the supremacy of law, promoting national unity, and balancing power between state institutions. This study identifies that a good understanding of the constitution is important for the success of a democratic system and the sustainable development of a country.

The legal and institutional framework for the protection of religious rights in Nigeria and the right to wear Hijab in public institutions.

Background Religion and its exercise are among the most sensitive discourses in different parts of the world, especially in Nigeria. The constitution and other laws ensure citizens are afforded basic human rights of which religious rights are included and yet regulated. There are questions of interpretation as to the extent to which such rights can be enjoyed and the efficacy of both the legal and institutional frameworks protecting religious rights in Nigeria. Methods This article utilises a doctrinal legal research approach utilising existing literature, statutes, and laws enacted towards the protection of religious rights in Nigeria with the consideration of primary and secondary sources of statutes including the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, International Conventions, law textbooks, and peer-reviewed journals. A comparative analysis of Nigeria, Tunisia, Algeria, Turkey and Kazakhstan was done to gain perspectives on balancing conflicting interests in light of Nigeria’s heterogeneous status. As part of the contribution to knowledge, a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions is presented to further enrich Nigeria’s jurisprudence. A hybrid model is an approach that combines different sources or methodologies by integrating two or more distinct frameworks to leverage their strengths and effectively address specific needs or challenges. It is utilized to achieve synergy and maximize outcomes by blending diverse legal approaches in law. Results Nigeria, being a multi-ethnic and multi-religious state, demonstrates that the government must protect the public interests as it relates to religious rights regardless of faith or religion. The study reveals that the current legal approach without further legislative intervention on religious issues will be inadequate to address the problem. Therefore, this study presents a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions to avoid harm and further enrich Nigeria’s jurisprudence. Conclusions This study concludes by emphasizing the inadequacy of Nigeria’s legal and institutional frameworks regarding the protection of religious rights and the right to wear hijab in public institutions. Consequently, reform is deemed necessary.

INFLUENCE OF FAMILY LEVEL OF EDUCATION AND FAMILY SIZE ON STUDENTS’ DROPOUT IN SECONDARY SCHOOLS, IN KITAGWENDA DISTRICT. A CROSS-SECTIONAL STUDY.

Background Education is important to any country’s social, economic, and political development. Globally education is recognized as a basic human right. The study aims to assess the Influence of family level of education and family size on students’ dropout in secondary schools, in Kitagwenda district. Methodology A cross-sectional descriptive survey design with both qualitative and quantitative approaches. The study population consisted of teachers, head teachers, officials in the education department of Kitagwenda District, and parents who are members of the committee of PTA students s.3 and s.4. After data collection, the responses to the questionnaire were coded, and then data entered into the computer for analysis. Results Most of the respondents (90.4%) were unmarried and only (9.2%) were married. Most (200) were students from s3 and s4 classes. The majority of the respondents (82.8%) had a PLE level of education (2.8 %) had a diploma level and (5.02%) had degrees. Most (94.4%) agreed that uneducated parents encourage their sons to go to school as a way of compensation for their parents’ education in the area (Mean= 4.48; Standard deviation= 0.666). (89.6%) agreed that parents with low levels of schooling involve their children with home activities that are not academically focused, thus frustrating students who end up dropping out (Mean= 4.34; Standard deviation= 0.694). Most (90.6%) agreed that parents with bigger families have higher chances of dropping out of school (Mean= 4.45; Standard deviation= 0.646). Conclusion Children from uneducated parents are more likely to drop out of school than children from educated parents. Recommendations There is a need to revive community sensitization on the impact of education among rural people who have been noticed to be reluctant to educate their children.

Food insecurity, income loss, healthcare access, and other exacerbated social inequalities among people experiencing homelessness during the COVID-19 pandemic in Brazil (2021–2023)

BackgroundDuring COVID-19, the number of people experiencing homelessness increased, further exacerbating the violation of basic rights necessary for human survival. Thus, the study aimed to investigate the inequalities associated with income loss and food insecurity among people experiencing homelessness during the COVID-19 pandemic in Brazil.MethodsA cross-sectional study was conducted in 24 Brazilian state capitals and the Federal District among the homeless population using a validated instrument. Descriptive analyses and binary logistic regressions were performed.ResultsAmong 1512 homeless participants (median age:37, range:18–89), 39.4% had incomplete primary education, 83.7% earned below minimum wage or had no income, 56.5% received government aid, and 87.1% used the Sistema Único de Saúde (Brazilian Public Health System-SUS). During the pandemic, 42.0% faced food difficulties, and 26.3% experienced income loss. Across Brazilian macroregions, lack of employment affected four regions, with high SUS dependency and food scarcity. In the North (72.7%) and Northeast (51.9%), most lacked government aid, while in the Midwest (51.6%), temporary income loss prevailed. In regression analyses, men, black/mixed race, those married or in a stable union, government aid recipients, and SUS users had greater difficulty acquiring food during COVID-19. Men with incomplete high school or higher education and income above minimum wage were less likely to suffer temporary income loss, and black/mixed race individuals and those living on the streets were more likely.ConclusionsThe study showed how socioeconomic factors increased income loss and food acquisition difficulties during COVID-19, exacerbating vulnerability and social inequities for the people experiencing homelessness.

The change in the legal classification of the criminal offense and the right to defense in the trial

Abstract Due process of law is not just a right. As a constitutional principle, it extends to some basic human rights and freedoms, with which legal procedures are carried out. It is a guarantee of vital importance in any democratic society, the responsibility for ensuring which falls on the justice system. The right to due legal process is characterized by duality. On the one hand, it is presented as a guarantee for every citizen against the unjust actions of state authorities and on the other hand it constitutes an obligation not to violate the rights of citizens without a regular legal procedure. In order to make the protection of basic human rights and freedoms as efficient as possible, the constitutional legislator has provided legal means of constitutional control. The control exercised by the Constitutional Court, when the individual claims the violation of this principle, also appears in the form of a fundamental right in itself and becomes possible through an individual constitutional appeal. Respect for due legal process according to the Constitution is sanctioned by article 42 of the Constitution of Albania where “freedom, property and rights recognized by the Constitution and by law cannot be violated without due process of law.” This provision obliges all public authorities to respect freedom and other human rights. As a guarantee for a due legal process, every person has the right for his case to be heard in a due, public, legal process and within a reasonable time by an independent and impartial tribunal, established by law, which shall decide both disputes concerning his rights and obligations of a civil nature, as well as for the validity of any criminal charges against him.” Article 15 of the Constitution of the Republic of Albania provides that basic human rights and freedoms are indivisible, inviolable and underlie the entire legal order. Based on the constitution, during the criminal process, everyone has the right to be informed immediately and in detail about the accusation against him, about his rights, as well as to be given the opportunity to notify his family or relatives. Everyone has the right to defend himself or with the help of a legal defense lawyer of his choice, to communicate freely and privately with him and to be provided with free defense when he/she does not have sufficient means. The right of defense must be real and its exercise must not be hindered, but the courts must take all legal measures in function of the fair process in order to give the individual the opportunity to defend himself in compliance with the principle of equality of arms, creating the opportunity for the accused to familiarize himself with the materials, evidence and results of the investigation in advance, to prepare and to exercise an effective defense with arguments in his favor in order to oppose the charge brought. Each party must be given a reasonable opportunity to present its case, under conditions, which do not place it in a less favorable position vis-à-vis the opponent. Main objective of this manuscript is the right of defense of the individual during the change of the legal qualification of the criminal offense, analyzing the criteria for its realization in the ordinary trial and further specifically in the trial.

Challenges and Responsibilities of Freedom of Expression in the Industrial Era 4.0: Analysis of Social Interaction on Instagram Social Media

The industrial era 4.0 has brought significant changes in people's lives, with the rapid development of technology and information, as well as the important role of social media such as Instagram in digitalization changes. Freedom of expression on these platforms is becoming increasingly important, but also increasingly complex. Freedom of expression is a basic right of every individual which is included in Human Rights (HAM). However, this concept is not absolute and is always accompanied by certain responsibilities and obligations. Laws and statutory regulations stipulate that freedom of expression must be exercised by complying with ethical norms, laws, and other individual rights and freedoms. Freedom of expression also plays an important role in the world of the internet and social media. The internet has become a platform that allows individuals to express themselves without physical limitations, with almost limitless potential. Social media such as Instagram allows users to share creative content, in the form of photos, videos and text. However, users must use this freedom wisely and responsibly. They have complete control over their uploads, with a privacy settings feature that allows them to control who can access their content. Social media should not regulate individual ethics and behavior, but rather give individuals the right and obligation to use the platform wisely. Thus, freedom of expression on social media such as Instagram requires awareness of individual responsibility in carrying it out. By obeying the rules, norms and rights of other people, this freedom can be exercised well without harming anyone and still strengthening the social norms that apply in society.

Assess the Effect of Detract Technique among Post-operative Toddlers with Cleft Lip and Cleft Palate

ABSTRACT Background: Children who undergo surgery frequently experience postoperative pain or POP. Pain experienced by children can be addressed as a basic human right. Because hospitals can be extremely stressful places for families and their children, pain, and discomfort associated with intrusive techniques can lengthen hospital stays for children and lead them to heal more slowly than they would have otherwise. Engaging the kids in intellectual pursuits is one way to use distraction techniques to take their minds off unpleasant stimuli and lessen their suffering. Purpose: The current study’s goal was to evaluate the impact of the distract technique on postoperative infants with cleft lip and palate who were between the ages of 1 and 3 years old. Materials and Methods: The Saveetha Medical College and Hospital served as the host institution for the quantitative method with a preexperimental investigation. Sampling Method: Convenience sampling was used to select 60 postoperative children with cleft lip and palate who were between the ages of one and three. Interventions: One intervention group and a control group were randomly assigned to each of the 60 postoperative youngsters. Distract technique (tactile ball) was started for the intervention group 20 min prior to operation day and continued for 30 days. The first group (the control group) received standard care, which included analgesic medication. The second group (the intervention group) received no analgesic medication and was played with a tactile ball by a nurse who happened to be one of the researchers working in the pediatric unit where the study was conducted. Acetaminophen (10–15 mg/kg) was given to the children in the control group as an analgesic. Results: The descriptive analysis (P > 0.05) did not reveal any statistically significant differences between the groups.

일제 강점기 일본경찰 고문에 대한 연구

The basic principles of the Constitution are stipulated in Article 12 of the Constitution so that they can be implemented in practice through the Criminal Procedure Act. These include the basic principles of criminal procedures, such as the due process principle, warrant principle, prohibition of torture and coercion of unfavorable statements, the law of exclusion of confession and the law of reinforcement of confession, and the notification and notification system of reasons for detention, etc. However, the Japanese police tortured Yu Gwan-sun severely, including hanging her from the ceiling. At the time of his arrest, the stab wound to his side had not been treated and the flesh had rotted away to the point that his hands were bloody. Due to daily beatings, untreated wounds, beatings, and long-term torture, his bladder ruptured and his body deteriorated. Due to the back wound he received in the Manse Movement and the beatings and torture in prison, his bladder ruptured and his body rotted, but he was still considered a felon. The prison’s treatment of him without treatment was the deciding factor that ended his short life. https://namu.wiki (Namu Wiki). It may be a bit difficult to consider the reality at that time in the current legal system, but if you look at it from a historical and criminal law perspective, it is clear that harsh treatment during the investigation process stipulated in criminal procedures and confessions made in illegal circumstances did not serve as evidence of guilt. In addition, the fact that a confession cannot be used as evidence of guilt and punished when it is the only evidence against the defendant was not observed, even though it must be observed to guarantee the right to defense of the suspect and the accused. As mentioned above, I had an indirect experience of violation of basic rights through the death of martyr Yu Gwan-sun. We should not forget that, like martyr Yu Gwan-sun, he was tortured without being guaranteed his basic rights and unable to fully exercise his right to defense as a party. Ji-Hyeon Kang, Hae-Won Kim, Public Law Studies, Volume 22, No. 1, February 2021. In the end, it appears that the Japanese police’s torture of martyr Yu Gwan-sun violated Article 12, Paragraph 1 of the Constitution and Article 309 of the Criminal Procedure Act under the current law. It is presumed that the torture of Yu Gwan-sun at that time involved harsh acts such as an all-night investigation and verbal abuse. This violated human dignity, value, and the right to pursue happiness, and an unfair sentence was imposed due to false confessions through assault and harsh acts during the investigation. It is clear that he received . Acts such as torture constitute illegal acts and there is an obligation to compensate for damages. As explained above, it is clear that the Japanese police violated the ban on torture and violated the constitutional provisions guaranteeing the right to refuse to make statements.

농민의 기본권 시각에서 본 농지취득·소유제도의 문제점에 관한 고찰

March 2021, the ｢Farmland Act｣ was revised due to the issue of land speculative purchases in new city business areas by employees of the Korea Land and Housing Corporation(LH). So the content of Farmland was to strictly restrict the acquisition and ownership of farmland. Currently, the demographic structure of rural areas is rapidly changing due to a decrease in the population, a deepening aging population, an outflow of young generations, and a rapid increase in multicultural households. However, farmers who want to retire, farmers who suffer from debt repayment, and farmers who want to raise living funds have to sell their farmland, but the farmland transaction has been virtually suspended because there is no way to find someone to buy it. Based on this awareness of the problem, this paper examines the possibility of scrapping the ‘The principle of farmland ownership’ stipulated in the ｢Constitution｣, and with a awareness of the problem in terms of guaranteeing farmers’ basic rights, we would like to present the problems of the current ｢Farmland Act｣ on the acquisition and ownership of farmland and how to solve it.

On the Rule of Law of the State's Obligation to Supply for the Basic Medical Security Right in China

The implementation of the “Healthy China Strategy” is an important part of the current national basic strategy. Health is also related to the basic survival and development of citizens. The right to health is an important fundamental right of citizens, and the basic medical security right is an important part of it. The basic medical security right is the right to guarantee citizens' basic access to medical care and the right to basic medical services, and is closely related to the right to life, the right to health and the right to social security. The State's obligation to supply for the basic medical security right mainly consists of the material supply obligation and the procedural supply obligation: the material supply obligation may be specific to the supply of medical insurance, medical assistance and medical facilities; and the procedural supply obligation consists of the supply of medical service and medical relief. The State's obligation to supply for the basic medical security right in practice in China mainly faces such practical problems as inadequate legal norms and low hierarchy of legislation, large differences in supply among regions, and low level of supply. In this context, the State's obligation to supply for the basic medical security right should be further improved by, among other things, establishing the legal system of supply governed by the Constitution, formulating scientific supply standards, and developing diversified relief channels. At the same time, in terms of the leading and consistent internal logic, change the logic of legislative thinking from emphasizing the medical security administration in “drafts for comments” to the structured and typified basic medical insurance legal relations, establishing the system of medical security law, and thus promote the rule of law of the basic medical security right.

Death by A Thousand Cuts: Double Burden and Subordination of Female Ride-Hailing Drivers Towards Social Security Services

Ride-hailing platforms have mushroomed ever since the digitalization and technology development occurred in Indonesia. This could absorb most of the workforce, one of which is the ride-hailing drivers. Nevertheless, the informality of ride-hailing drivers has put them in a vulnerable position, especially for female drivers. This study aims to reveal the regulatory loopholes of gig workers, not to mention the ride-hailing drivers, subordination and vulnerabilities towards female ride-hailing drivers in Indonesia, as well as the urgency and best practice of social security that should be provided for female ride-hailing drivers. The research method utilized in this study is Participatory Narrative Inquiry (PNI) by gathering personal stories of the research subject, female ride-hailing drivers, through in-depth interviews. This study found several critical issues: (i) regulatory loopholes that emerge under the partnership scheme, leaving no obligatory for the ride-hailing platforms to provide social security services; (ii) female ride-hailing drivers in Indonesia experienced subordination and vulnerabilities, including gender stereotyping, sexual harassment, double burden between care work and paid work, as well as the absence of employment basic rights and access to social security services; (iii) providing and expanding National Health Insurance (JKN) to childcare and elderly care, as well as Employment Insurance (JKK, JKM, JHT, and pension insurance/JP) may lighten up the burden of female ride-hailing drivers.

Writs and Rights: A Comprehensive Study of Judicial Remedies in India

The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual's liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose.

A Comparative Analysis of The Doctrine of Judicial Review in India, US And UK

The present work undertakes a comprehensive investigation and comparative assessment of the doctrine of judicial review in the nation of India, the US, and the United Kingdom. Judicial review is a legal principle that empowers the judiciary to scrutinise and invalidate actions undertaken by both the legislative and executive wings of government which are inconsistent with the constitution and violate fundamental rights. The study begins by examining the historical evolution of the doctrine of judicial review in each country, highlighting the differences and similarities in the legal framework and constitutional provisions that underpin the doctrine. The study thereafter evaluates the implementation of the doctrine of judicial review in every country, with a specific emphasis on the judiciary's role, the extent of review, and the criteria for review. This study will provide a thorough examination of judicial review within India, including the necessary procedures, in order to offer a clear and concise understanding of the concept. This analysis will include the historical background, aim, and extent of judicial review within the Indian legal system. The study also examines the influence of the doctrine of judicial review in each country on the division of powers, democratic governance, and the safeguarding of basic rights. The text examines the difficulties and constraints associated with the notion of judicial review in different countries and proposes suggestions for enhancing its effectiveness. In addition, the study will analyse the present condition of judicial review within each of the three nations, and will investigate the challenges and issues now confronting the idea in each country. The paper concludes by doing a comparative examination of the idea of judicial review within India, the United States of America, and the UK, emphasising both the similarities and differences. The study emphasises that while the three countries are committed to upholding the rule of law and protecting fundamental rights, the implementation and interpretation of the concept of judicial review differ in each jurisdiction. The chapter also mention some suggestions like courts must analyse the constitutionality of cooperative federalism in conflicts involving federal legislation, such as power distribution and interstate trade. This will enhance the cohesion of federal democracies. Judicial review is designed to interpret and enforce current laws. Furthermore, the autonomous nature of the judiciary is a crucial factor whenever the court possesses the power to examine any statute. A judiciary that lacks dependence is unable to deliver a just and impartial verdict.

Food Security in Developing Countries: Role of Agricultural Exports, Income Inequality and Economic Growth

Food security is considered as a basic right of human beings as it is also clear from the Agenda of SDGs. Target 2.1 of Sustainable Development Goal focuses on eliminating hunger and food insecurity and target 2.2 is related to the ending of all forms of malnutrition. The present study highlights the role of agricultural exports, income inequality and economic growth for food security of 89 developing countries by using panel data from the years 1990 to 2020. Employing MMQR, it analyses four dimensions of food security: availability, access, stability and utilization. Key findings include a negative impact of agricultural exports and income inequality on food security in case of developing countries. The results reveal a positive and highly significant impact of economic growth on the food security. The study recommends interventions to reduce reliance on agricultural exports and policies to reduce income inequality and for achieving sustainable economic growth.

Impacts of Community Participation on Sustainability of Rural Water Supply Sytems: A Study from District Lahore, Pakistan

The availability and functionality of an improved water supply system among the population are basic human rights and imperative to prevent numerous viral/infectious diseases. The provision of safe drinking water, improved sanitation, and hygiene plays a central role in individual and communal health, but unfortunately, the situation is strikingly poor among nations, especially in developing countries like Pakistan. To understand the existing situation and the impacts of community participation on the sustainability of the water supply system, this study was conducted in the district of Lahore, Pakistan. The prime objective was to find out the participation of the community in planning, execution, operation and maintenance, evaluation process, and the management approaches and techniques with a view of seeing how best community participation level contributed to the sustainability of the water supply program. For this purpose, a simple random sampling procedure was applied to draw the sample from the population. A semi-structured questionnaire was used as a tool for data collection and validated through pilot testing. Results showed that participatory approaches in water supply program planning, execution, operation, maintenance, and evaluation led to community satisfaction and program sustainability.

Vulneración del principio de interés superior del niño en proceso de alimentos por inconcurrencia de partes

The general objective of this investigation was to analyze whether the principle of the best interest of the child is violated due to the non-concurrence of the parties, it is a qualitative approach, basic type, grounded theory design at a descriptive-interpretive, hermeutic level and the instruments used to collect The information was the interview guide and the documentary analysis guide. In conclusion, it was determined that, if the principle of the best interest of the child is violated, the application of which is mandatory in food processes, however, in the food process it is transgressed as a result of the application of article 203 of the Code of Civil Procedure, whose The effects are negative due to the violation of the basic rights of the obligee, which is why the modification of the aforementioned rule is necessary.

ضوابط آزادی بیان در ادبیات قرآن کریم با تأکید بر آرای مفسران فریقین

The Holy Quran, which is a comprehensive source of religious knowledge, regards "freedom of expression" as one of the basic human rights and has given it a high position . This is considered one of the fundamental strategies in the Islamic government. "Freedom of expression", like other phenomena, has limits and frameworks, which are necessary to be defined in the literature of the Holy Qur'an and the thought of Shia and Sunni commentators, considering the destructive and insulting productivity of those who are ignorant of it. The purpose of this article is to answer the question, what are the criteria of "freedom of speech" in the Holy Quran based on the viewpoint of the commentators of the two school of thoughts (Shai and Sunni)? In order to achieve its goal, the article is written in a qualitative manner and by using the descriptive-analytical method and inferential thematic interpretation and library and software tools, referring to the Holy Quran and exegesis sources, collecting and analyzing the verses regarding the limits of freedom of expression. Searching in the verses and interpretations shows that; The freedom to express beliefs can be proved as a principle of the Qur'an; But not absolutely and unconditionally; Rather, it is based on rulings such as observing divine limits, observing rational and logical quorums, observing the interests of Islamic society, prohibiting creating tension, breaking unity, rumor-mongering, insulting, mocking expressions and things that cause corruption. And it becomes personal or social ruin. Regulating "freedom of speech" while protecting the principle of freedom of expression, closes the path of destructive expressions and prevents destructive statements that are against personal and social interests.