مقدمه اى بر نظام حقوقی جمهوری اسلامی ایران و جایگاه حقوق بشر در آن


Book Description

From 2005 to 2008, the British Institute of International and Comparative Law has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's focus is to promote human rights as a central part of the dialogue in which the European Union and Iran have been engaged since 2002. This publication is one of the outputs of that project, designed as a practical guide and reference book for foreign jurists and human rights defenders. It deals with Iran's legal system and its internal safeguards for human rights. This book covers the political structure of Iran, the history of the judiciary in Iran, the sources and nature of Iranian law, and the internal safeguards for fundamental freedoms and rights.




Access to Justice in Iran


Book Description

A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.







Women and Equality in Iran


Book Description

Iran's continued retention of discriminatory laws stands in stark contrast to the advances Iranian women have made in other spheres since the Revolution in 1979. Leila Alikarami here aims to determine the extent to which the actions of women's rights activists have led to a significant change in their legal status. She argues that while Iranian women have not yet obtained legal equality, the gender bias of the Iranian legal system has been successfully challenged and has lost its legitimacy. More pertinently, the social context has become more prepared to accommodate legal rights for women. Highlighting the key challenges that proponents of gender equality face in the Muslim context, Alikarami attempts to ascertain the causes of Iran's failure to ratify the CEDAW and questions whether and to what extent interpretations of Islamic principles prevent Iran from doing so. Applying feminist legal theory to contemporary Iran, Alikarami's approach re-evaluates the underlying principles that have shaped the struggle for equal rights between the sexes.




Until We Are Free


Book Description

The first Muslim woman to receive the Nobel Peace Prize, Shirin Ebadi has inspired millions around the globe through her work as a human rights lawyer defending women and children against a brutal regime in Iran. Now Ebadi tells her story of courage and defiance in the face of a government out to destroy her, her family, and her mission: to bring justice to the people and the country she loves. For years the Islamic Republic tried to intimidate Ebadi, but after Mahmoud Ahmadinejad rose to power in 2005, the censorship and persecution intensified. The government wiretapped Ebadi’s phones, bugged her law firm, sent spies to follow her, harassed her colleagues, detained her daughter, and arrested her sister on trumped-up charges. It shut down her lectures, fired up mobs to attack her home, seized her offices, and nailed a death threat to her front door. Despite finding herself living under circumstances reminiscent of a spy novel, nothing could keep Ebadi from speaking out and standing up for human dignity. But it was not until she received a phone call from her distraught husband—and he made a shocking confession that would all but destroy her family—that she realized what the intelligence apparatus was capable of to silence its critics. The Iranian government would end up taking everything from Shirin Ebadi—her marriage, friends, and colleagues, her home, her legal career, even her Nobel Prize—but the one thing it could never steal was her spirit to fight for justice and a better future. This is the amazing, at times harrowing, simply astonishing story of a woman who would never give up, no matter the risks. Just as her words and deeds have inspired a nation, Until We Are Free will inspire you to find the courage to stand up for your beliefs. Praise for Until We Are Free “Ebadi recounts the cycle of sinister assaults she faced after she won the Nobel Prize in 2003. Her new memoir, written as a novel-like narrative, captures the precariousness of her situation and her determination to ‘stand firm.’”—The Washington Post “Powerful . . . Although [Ebadi’s] memoir underscores that a slow change will have to come from within Iran, it is also proof of the stunning effects of her nonviolent struggle on behalf of those who bravely, and at a very high cost, keep pushing for the most basic rights.”—The New York Times Book Review “Shirin Ebadi is quite simply the most vital voice for freedom and human rights in Iran.”—Reza Aslan, author of No god but God and Zealot “Shirin Ebadi writes of exile hauntingly and speaks of Iran, her homeland, as the poets do. Ebadi is unafraid of addressing the personal as well as the political and does both fiercely, with introspection and fire.”—Fatima Bhutto, author of The Shadow of the Crescent Moon “I would encourage all to read Dr. Shirin Ebadi’s memoir and to understand how her struggle for human rights continued after winning the Nobel Peace Prize. It is also fascinating to see how she has been affected positively and negatively by her Nobel Prize. This is a must read for all.”—Desmond Tutu “A revealing portrait of the state of political oppression in Iran . . . [Ebadi] is an inspiring figure, and her suspenseful, evocative story is unforgettable.”—Publishers Weekly (starred review) “Ebadi’s courage and strength of character are evident throughout this engrossing text.”—Kirkus Reviews




Forgiveness Work


Book Description

Legal foundations : victim's rights and retribution -- Codifying mercy : judicial reform, affective process, and judge's knowledge -- Seeking reconciliation : sentimental reasoning and reconciled duties -- Judicial forbearance advocacy : motivations, potentialities, and the interstices of time -- Forgiveness sanctioned : affective faith in healing -- Mediating Mercy : the affective lifeworlds of forgiveness activists -- The art of forgiveness -- Cause lawyers : advocating mercy's law.




Judicial Reform and Reorganization in 20th Century Iran


Book Description

Iran is now at the center of political and social developments in the Middle East. This book examines the reform of the judicial system in 20th century Iran and is the first to relate state-building process with rule of law promotion and judicial reform in the region. This subject occupies the critical juncture of three developments in the contemporary study of Iranian society as an important and early case of social revolution and reform in the Middle East: the state-building process in a non-Western country throughout the 20th century, the incorporation of a non-Western Muslim country into the Western legal framework through codification and transplantation (1911-1979), and the Islamicization process after this critical social development and the Islamic Revolution of 1979. This exceptional study furthers our understanding of Iranian modern history as well as the democratization process, human rights and rule of law issues in the Middle East.




Law, State, and Society in Modern Iran


Book Description

Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.




Sharia, Muslim States and International Human Rights Treaty Obligations


Book Description

This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.




Human Rights and Climate Change


Book Description

This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.