چکیده:
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).
خلاصه ماشینی:
In this paper, by explaining James Nickel's theory regarding the indivisibility and interdependence of human rights, we answer the question of whether it is possible to separate and prioritize rights, or whether all rights are inherently and reciprocally related, and the implementation of one is effective in realizing other rights?
Furthermore, in this content-based approach, in order to identify instances of rights, the quality of their internal relationship, the causal chain of rights in terms of their order of implementation, and reciprocal influences, it is necessary to analyze some of the classifications related to human rights.
Fraternity The main issue of this research is to explain the relationship between civil and political rights (rights to freedoms) on the one hand, and economic, social, and cultural rights (rights to equality) on the other hand, and to answer the fundamental question of whether this categorization of rights implies the priority of some rights over others, or whether these rights are indivisible and interdependent?
1. Article 13 of the Tehran Declaration: Since human rights and fundamental freedoms are indivisible, the full realization of civil and political rights is not possible without enjoying economic, social and cultural rights....
1. Article 13 of the Tehran Declaration: Since human rights and fundamental freedoms are indivisible, the full realization of civil and political rights is not possible without enjoying economic, social and cultural rights....
The Tehran Declaration, which emphasizes the full realization of civil and political rights and economic, social and cultural rights, and Henry Shue, who considers fundamental rights necessary for other rights, actually refer to the continuity theory, which is based on the thought of indivisibility.
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