Abstract:
From the beginning of human life on earth، human needs have been crystallized in their relationship and interaction with each other. As a result of such an inter-relationship and interaction، it has been necessary for a body of law to exist that would specify humans’ duties and obligations towards each other. Even though different regulations concerning human rights have been codified، human beings have not taken benefit from these rights on an equal basis. In fact، we see that throughout history، the oppressed have fought oppressors. In these protracted struggles، human beings continued to seek transcendental rights; rights they wanted to enjoy regardless of power and wealth، skin color and race. Based on this argument، if we look at the objectives and activities related to human rights، we can suggest that monotheistic religions also played a crucial part in promoting human rights. According to the findings of this research، although international law and Islamic international law both believe in the universality of human rights، without any doubt their nature and foundation differ. Nonetheless، there are numerous shared grounds and points between the two aforementioned bodies of law for whose study and utilization international human resources have to be used to forge unity and to protect world peace and security.
Machine summary:
From among such instruments the following can be mentioned: Universal Declaration of Human Rights, Article 18; International Covenant on Civil and Political Rights, Article 18; International Covenant on Economic, Social and Cultural Rights, Article 3, Paragraphs 1 and 3; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief; American Convention on Human Rights, Article 12; African Charter on Human and Peoples’ Rights, Article 8; 1990 Cairo Declaration on Human Rights in Islam, Section 4 of the Preamble and Section A, Article 18; and Final Act of Helsinki Conference, Part V.
According to the International Covenant on the Civil and Political Rights, Article 18, Paragraph 3, freedom of expression of religion and belief is subject to certain limitations, which have to be stipulated by law and should not be acted in such a way that denies what is considered as a right in Article 18 of the Covenant; to be implemented under a specific title and goal including public safety, order, health, and the fundamental freedoms and rights; and restrictive measures have to be necessary for the attainment of the goal.
In the Preamble, it is indicated: "… the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people …" In another part, the Preamble reads: "… Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms ….