Volume 12 - Special Issue on Human Rights and Citizenship Rights                   Medical Law Journal 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 187-197 | Back to browse issues page

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Alizadeh Y, Rostami S, Masoudi Niya M. Implementation of the right to liberty in the Islamic and international legal system in the light of Articles 19 of the Universal Declaration of Human Rights and Article 18 of the International Covenant. Medical Law Journal. 2018; 12 :187-197
URL: http://ijmedicallaw.ir/article-1-1230-en.html
1- Department of Jurisprudence and Law, Payame Noor University, Tehran, Iran
2- Department of Law, Payame Noor University, Tehran, Iran. (Corresponding author)
3- Department of Law, Payame Noor University, Tehran, Iran
Abstract:  
Background and Objective: Respect for Human Rights and Freedoms is one of the Fundamental Human Rights in all Legal Systems, Especially the Islamic legal System. Achieving Freedom of Expression, is Mentioned in Article 19 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights. It Requires the Affirmation of Reasonable Principles and Justifications. Our Aim in This Study is to Examine the Right to Freedom of Expression in Islamic and International Law and to Achieve the Strengths and Weaknesses of This Right in the Above two Legal Systems.
Materials and Methods: This Article is Descriptive-Analytical and has been Compiled by Library Method.
Findings: The Findings Show That the two Systems of Islamic law and International Law have Common Views on the Right to Freedom. The Definition of Freedom of Expression Given by Legal Scholars is that "Freedom of Expression Means Freedom to Express one's Opinion, Whether Social, Political, Philosophical or Religious." In Addition, all Thinkers Believe That Freedom of Expression Must be Within a Specific Framework so as not to Harm the Rights of Others. In fact, Freedom of Thought and Expression is a Vital Right That has Been Studied and Analyzed From Various Religious, Philosophical, Social, Moral, Legal and International Chapters and has been Reflected and Examined in Domestic Laws, Documents and International Treaties.
Conclusion: According to Studies Conducted in the Implementation of Islamic and International Legal Systems Regarding the Right to Liberty, Both in Islamic Law and in International Law, the Right to Liberty is Jointly Considered as one of the Vital Human Rights and Although in Between There are Slight Differences, But in Both Systems the Right to Liberty is Respected.


Please cite this article as: Alizadeh Y, Rostami S, Masoudi Niya M. Implementation of the Right to Liberty in the Islamic and International Legal System in the Light of Articles 19 of the Universal Declaration of Human Rights and Article 18 of the International Covenant. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 187-197.
Type of Study: Original Article |
Received: 2018/08/8 | Accepted: 2020/06/2

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