The Right to Islamic Veil in the Lime Light of Contemporary Universal Human Rights-Oriented Literature

Document Type : Academicm and Research

Author

Assistant Professor of Law Department, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran.

10.22091/csiw.2024.10362.2499

Abstract

One of the most examples of the right to express religion for any Muslim is Islamic veil which is considered as one of the human rights that should be enjoyed anywhere in the world. Right and obligation are two sides of the same coin meaning that for every right, there must be a duty that guarantees the implementation and compliance of the existing right. Human rights literature is rights-oriented one for individuals and commitment-oriented literature for states. According to the content, human rights include positive and negative obligations and duties by means and results. The right to the Islamic veil for Muslims is an indisputable right for anyone within civil and political rights and includes two types of negative obligation and positive to the result for state. To explain more, the obligation to the result requires immediate action and such an obligation is bound by no special equipment or facilities. In this article, with a descriptive and analytical method, the Islamic veil is considered as one of the examples of freedom of religion, in the context of contemporary human rights, though it is a human right that the states have a commitment to the result and a negative commitment in providing it. To clarify the result, although contemporary human rights include provisions regarding the right to freedom of religion and its expression through religious Veil, today there are religious groups in European countries that unfortunately do not have any right to enjoy their Islamic covers, due to being deprived simply because they are part of the minority.

Keywords

References

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