Document Type : Article
Authors
1 Ph.D. Student in International Law, Islamic Azad University, Qaemshahr, Mazandaran, Iran
2 Assistance Prof., Department of Law, Faculty of Law and Political Science, Islamic Azad University, chaloos, Mazandaran, Iran
Abstract
The international human-rights system includes a wide range of civil, political, economic, social, and cultural rights (about 40 different rights) that are enshrined in a number of international instruments, general and particular, regional and global. This dispersion implies a kind of separation and division within human rights. It also corresponds to a kind of hierarchy and prioritization between different rights with different content and principles. By explaining James Nickel's theory of indivisibility and interdependence of human rights, this paper seeks to answer whether it is possible to separate and hierarchize human rights, or whether all rights are interrelated and interdependent. The main purpose of this study is to explain the inter-relationship of human rights under the doctrine of indivisibility and interdependence of human rights with special emphasis on the theory of James Nickel. This theory leads to the finding that depending on the effect of one right on other rights in terms of necessity or usefulness, their relationship is either indivisible (based on the principle of necessity) or interdependent (based on the principle of usefulness).
Keywords
Engish
- A) Books
- Nickel, James W (2006), Making Sense of Human Rights, California: University of California Press, 2nd ed.
- Sen, Amartya Kumar (1999), Development as Freedom, New York: Oxford University Press.
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- C) Documents
- American Convention on Human Rights.
- European Convention on Human Rights and fundamental freedoms.
- International Covenant on Civil and Political Rights (ICCPR) 1966.
- International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966.
- Proclamation of Teheran 1968
- Universal Declaration of Human Rights 1948.
- Vienna Declaration of human rights and programme of Action 1993.
References in Persian:
- A) Books
- Rasekh, Mohammad (2016), Right and Expediency: Articles on The Philosophy of Law, Philosophy of Right and Philosophy of Value, Tehran: NEY (In Persian).
- Sen, Amartya (2012), Development as Freedom, Translated by Noori Seyyed Mohamad, Tehran: NEY (In Persian).
- B) Articles
- Ghari S Fatemi, Seyyed Mohammad (2001), “Analysis of Key Concepts of Contemporary Human Rights”, Legal Research Quarterly (LRQ), Shahid Beheshti University, No. 33-34, pp. 209-265 (In Persian).
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