Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 585-601 |
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Mahdavifar H, Hosseini Moghaddam S A, Arab Khazaeli A. Extensions of International Human Rights in the Process of Enforcement of the Imprisonment Penalty Focusing on Normative Hierarchy. MLJ 2021; 15 :585-601
URL: http://ijmedicallaw.ir/article-1-1415-en.html
URL: http://ijmedicallaw.ir/article-1-1415-en.html
1- Sari Branch, Islamic Azad University, Sari, Iran
2- Department of Islamic Jurisprudence and Law, Sari Branch, Islamic Azad University, Sari, Iran
2- Department of Islamic Jurisprudence and Law, Sari Branch, Islamic Azad University, Sari, Iran
Abstract:
Background and Aim: One of the most important issues in the world of law is the issue of guaranteeing the implementation of violations of norms. Historically, one of the oldest examples of bail is "imprisonment". In the process of imprisonment, various examples and standards of international human rights must be considered.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Instances of human rights in the process of punishment of imprisonment are in a special category. The first class is the basic rules. These rules are in fact part of the fundamental human rights examples that are considered in the international law literature in question as examples of the peremptory norms of international law. The second category is non-fundamental rules. These rules have no conventional or customary background.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Fundamental rules are at the top of the normative hierarchy of human rights, and other norms cannot be in conflict with them. One of the characteristics of this set of rules is that they are basically irreversible. This means that no government can enforce these rules based on justified or excusable causes and factors. In contrast, non-fundamental rules lack such a description.
Cite this article as: Mahdavifar H, Hosseini Moghaddam SA, Arab Khazaeli A. Extensions of International Human Rights in the Process of Enforcement of the Imprisonment Penalty Focusing on Normative Hierarchy. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Instances of human rights in the process of punishment of imprisonment are in a special category. The first class is the basic rules. These rules are in fact part of the fundamental human rights examples that are considered in the international law literature in question as examples of the peremptory norms of international law. The second category is non-fundamental rules. These rules have no conventional or customary background.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Fundamental rules are at the top of the normative hierarchy of human rights, and other norms cannot be in conflict with them. One of the characteristics of this set of rules is that they are basically irreversible. This means that no government can enforce these rules based on justified or excusable causes and factors. In contrast, non-fundamental rules lack such a description.
Cite this article as: Mahdavifar H, Hosseini Moghaddam SA, Arab Khazaeli A. Extensions of International Human Rights in the Process of Enforcement of the Imprisonment Penalty Focusing on Normative Hierarchy. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/07/31 | Accepted: 2021/11/7
Received: 2021/07/31 | Accepted: 2021/11/7
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