A Comparative Study of the Duties of Citizenship Inserted in the Universal Declaration of Human Rights and the Constitution of Afghanistan

Document Type : Research Paper

Authors

1 Associate Professor of Public and International Law, Faculty of Law and Political Sciences, Shiraz University, Shiraz,Iran.

2 Master of International Law, Shiraz University, Shiraz,Iran.

Abstract

Since the full realization of civil rights and freedom is not possible without the foresight and respecting the duties of citizenship,  the Universal Declaration of Human Rights (UDHR) and the Constitution of Afghanistan have paid attention to the prediction of rights and freedoms as well as the duties of citizenship. Given that the UDHR  is not resulted from a particular perspective of a country,  this declaration has assigned the determination of duties limitations of the persons to the society to the governments to which these people belong. Afghanistan has considered its independence, territorial integrity, public order,national security, national goals and interests in predicting duties for the its citizens. The aim of the UDHR has been  the recognition of the rights and individual freedoms. The government of Afghanistan such as the other governments has beenهست been t of Afghanistan such as other con influenced by these rights and freedoms and has inserted them into its constitution and other laws. However, the government of Afghanistan has not been influenced too  much by the UDHR and it has determined the duties of its nationals  according to security concerns, public order, public morality, economic vigor and governing circumstances to the society. The methodology used in this research is based on cross-sectional method of research and the aim of this artical is the assessment of the civil duties inserted in the UDHR and the Constitution of Afghanistan.

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References

  1. Ahmadi Nezhad, M. (2012), United Nations’ Charter as the Covenant of Global Community, Journal of Foreign Policy, No. 102, pp. 629-646. (in Persian)
  2. Asterki, M. (2010), The Culture of Paying Tax, Journal of Cultural Engineering, No. 39 and 40, pp. 88-94. (in Persian)
  3. A. Viigapur, K.S. (2006), The International Covenants of Human Rights: An Overview, Indian Quatery Vol.LXIL, No 2.
  4. Babai Fard, A. (2016), Study of Cognitive Community of Internaitonal Law: Globalization and Global Solidarity, Journal of Comparative Law Studies, No. 2, pp. 405-435. (in Persian)
  5. Biro, A. (1987), The Dictionary of Social Sciences, Tehran, Kaihan Publication. (in Persian)
  6. Burnardi, B. (2003), Democracy in West’s History and Thought, Tehran, Nai Publication. (in Persian)
  7. Detan, C. and Shorts, E.L. (2002). Public Law and Human Rights, London.
  8. Falah Zadah, A.M. (2007), The Ratio of Citizenship Rights and Human Rights, Journal of Legal-Judiciary, No. 58, pp. 47-64. (in Persian)
  9. Falex, K. (2002), Citizenship, Ghazal Publication. (in Persian)
  10. Ghani, Q. (1945), Scientific Debate: Social Pests, Journal of Yadgar, No. 10, pp. 4-18. (in Persian)
  11. Hart, H. L. A. (1975), Immorality and Treason, In John Stuart Mill: On Liberty, ed-by spitza Nortorn.
  12. Hashemi, S.M. (2005), The Constitutional Law of Islamic Republic of Iran, Tehran, Mizan Publication. (in Persian)
  13. Hywood, A. (2004), Key Concept in Politics; Palyrav Publication.
  14. International Covenant on Civil and Political Rights. (in Persian)
  15. International Covenant on Economic, Social and Cultural Rights. (in Persian)
  16. Ismaeli, M. (2000), Security and Sharia, Journal of Philisophy and Speech, No. 14 and 15, pp. 262-283. (in Persian)
  17. Lyons, D. (2001), Utilitarianism, in: Encyclopedia of Ethics, ed. By Lawrence C. Becker and Charlotte B. Becker, New York and London, Routledge.
  18. Mandana Knust, R.A. (2007), The Guidance of Max-plank Institute for Constitutional Law of Afghanistan, Heidelberg (Germany), General Law and International law of Max-Plank Comparative Institute Publication. (in Persian)
  19. Markaz Malmiri, A. (2006), The Rule of Law: Concepts, Bases and Perceptions, Tehran, The Center of Research of Islamic Council House. (in Persian)
  20. Markaz Malmiri, A. (2004), The Limitations of Human Rights Application in National Law and International Conventions, Journal of Strategic Studies, No. 26, pp. 747-774. (in Persian)
  21. Martin, R. (1993), A System of Rights, Oxford, Clarendon Press.
  22. McCarthy, A.L.S. (1998), The International Law of Human Rights and States of Exception, Martinus Nijhoff Publishers, The Haguel Bostonl London.
  23. Mir Taher, S.R. (2002), Essential Causes of War, Journal of Defence and Security Studies, No. 30, pp. 109-138. (in Persian)
  24. Muir, R. (2000), Political Geography a New Introduction, Public International Law.
  25. Qanbari Jahrami, M.H. (2007), The Defence in Depth in Asymmetic War, Journal of Defence and Security, No. 47 and 48, pp. 39-58. (in Persian)
  26. Qurban Nia, N. (2006), The limitation of Rights and Freedoms, Journal of Religious Jurisprudence and Law, No. 10, pp. 9-32. (in Persian)
  27. Rasoli, M.A. (2012), Analysis and Criticism of Afghanistan’s Constitution, Kabul, Saeed Publication. (in Persian)
  28. Raz, J. (1979), The Authority of Law, Clarendom Press, Oxford.
  29. Saber Kevij, E. (2011), Rights and Duties in Social Relations from Perspective of Islam According Rights Thesis and Letter of Imam Sajjad, Journal of Religion and Wisdom, No. 171, pp.25-42. (in Persian)
  30. Salahi, A. (1996), Study of Affective Factors on the Individual Motivation in the War, Journal of Basij Strategic Studies, No. 11 and 12, pp. 31-50. (in Persian)
  31. Sarialqalam, M. (2000), The Foreign Policy of Iran, Tehran, Strategic Studies Publication.
  32. Shaikh shaaei, A. (2001), The Ratio Between Right and Duty, Journal of Philisophy and Speech: Islamic Speech, No. 39, pp. 115-130. (in Persian)
  33. Tawakuli, A. (2003), General Tax Book, Tehran, Organization of Study and codification of Universities’ Human Sciences Books (Samt Publication). (in Persian)
  34. Towhidkhanah, M.S. (2009), Max-Plank Guidance for the General Criminal Law of Afghanisan, Kabul and Heidelberg, Max-Plank Foreign and International Criminal Law Institute in Freiburg. (in Persian)
  35. The Constitution of Afghanistan. (in Persian)
  36. Universal Declartion of Human Rights. (in Persian)
  37. Zarei, B.Z.Y. (2011), The Principle of Territorial Integrity from the Perspective of Islamic Republic of Iran, Journal of Human Geography Researches, No. 78, pp. 221-236. (in Persian)
Comparative Law Review
Volume 8, Issue 2
Autumn & Winter
October 2018
Pages 759-776

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