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Shiavault - a Vault of Shia Islamic Books Islamic Views On Human Rights: Viewpoints of Iranian Scholars Human Rights In Practice:The Violation Of The Muslims’ Rights Throughout The World And The Position Of The United Nations Towards This Issue Dr. Sa’idah Lutfiyan Five fundamental questions arise in the discussion of human rights: What are human rights? Should human rights be universal or associated with the cultural characteristics of nations?
Is human rights a civil issue and within the domain of independent countries or should it be treated as an international issue? What factors cause the violation of human rights by the States? How should international community and state and non-state organizations protect human rights at international level? Each one of these complicated questions concerns a certain field of human rights.
This article deals with the violation of human rights of the Muslims throughout the world in certain cases and the positions of international organizations in the context of the aforementioned issues. In part one, we shall discuss “the historical change of human rights, important international documents constituting the international regime of human rights and the similarities between international human rights and Islamic human rights.
In part two, we shall discuss the freedom of religion as one of the most fundamental human rights and the violations of the human rights of Muslims in non-Muslim societies particularly in Chechnya-Herzegovina and the Occupied Palestinian. Finally, in part three, we shall draw a conclusion from our discussion. Part One-International Regime of Human Rights. The Historical Change of Human Rights Contemporary human rights are shaped in three main generations.
The first generation human rights was declared in the democratic revolutions towards the end of eighteenth century in America and France, which centered on civil and political rights with the view to ensuring individual rights and patriarchal system. These rights George Jellinek called negative situation and active situation . The rights of negative situation are of defensive nature, aiming to prevent the violation of the right to life, freedom, and private property by the State.
The rights of active situation elate to participation in political process, the freedom of expression, gatherings and suffrage. The second generation of human rights finds its origins in the nineteenth century known as positive situation .