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Javad Salehi ,
Volume 16, Issue 61 (7-2016)
Abstract

Introduction: Gender-Based crimes against girl children soldiers which are one of the international concerns were the subject of international criminal law from past two decades. The perpetrators of these crimes in international courts for Yugoslavia, Rwanda, Sierra Leone have been considered by the judges, but in practice faced serious gaps to punish them, although all efforts which were made by the International Criminal Courts from early stage in this area to give a panoramic view of these crimes to international community and bring it to the International Criminal Court. Congo was the first case of sexual allegations against the girl children soldiers in Criminal Court. Women human rights activists collected many evidence and gave them to victims and witnesses. Those evidence indicate the sexual crimes against girl children soldiers were committed by Lubango or his forces. In the case of Lubango non-governmental organizations contributed to an attempt to collect and present evidence of sexual crime. Legal representatives of sexual crimes victims refer to witnesses' assertion to indicate girls were recruited widely and systematically to assault sexual crimes against them. The prosecutor also did a lot of research in Congo to report on the sexual offense against the girl children soldiers cited in these areas. However, the prosecutor did not pay any attention to these reasons.

Critical Review: However, the Criminalization of Gender-Based crimes in the statute of the Court in evolutionary approach is a historic occasion and hope that no impunity for the perpetrators of gender-based crimes does not exist. Rome Statute prepares wider context to prosecute gender-based crimes against girl children soldiers in the International Criminal Court that missed in previous courts. Although the statutes have predicted the complete set of indictable gender-based crimes, personnel and organizational requirements, but it is disheartening to see how these facilities use for the benefit of victims of gender-based crimes in the International Criminal Court precedent. Rape charges against Lubanga in the court has particular weaknesses which were caused by the performance of prosecutors and Pre-Trial Chamber, collecting insufficient evidence, incomplete indictment, and court inaccurate interpretation on sex crimes against girl children soldiers. Many reasons which were supported the occurrence of certain sex crimes by Lubango were heard during the hearings. The witnesses for the prosecution also testified occurrence of crimes and confirmed it during the hearings. Finally, these efforts found a great result. The methodology of this research was descriptive-analytic and relying on the history and jurisprudence of the Former Criminal International Court including; Yugoslavia, Rwanda, Sierra Leone and the International Criminal Court which were dealing with gender-based crimes on girl children soldiers.

Discussion: Results of this study, after review course to the jurisprudence of the former Criminal International Tribunal to International Criminal Court in dealing with gender-based crimes, reflect the fact that despite of development of international criminal law there are still bugs and deficiencies in jurisprudence of International Criminal Court in the fight against gender-based crimes on girl children soldiers in Congo situation. The prosecutor's statement, reasons for legal representatives of victims and witnesses were not considered by the justices. No new charges based on allegations of sex crimes has added to the former list of Lubango's charges. Lubanga was on trial for the same charges, registration girl children soldiers. The final decision issued too little impact of sexual violence against Lubanga.


Hassan Aboutalebi, Mohammad Jafari Harandi, Seyed Mohammad Reza Ayati,
Volume 17, Issue 65 (7-2017)
Abstract

Introduction: Disability is defined as the incapability of performing all or part of the normal activities of individual or social life due to congenital or acquired defects in the physical or mental abilities.
Giving rights of disabled people and empowering them to have an independent life and to participate  in all aspects of life rely on making appropriate  urban environments.
 Disability and challenge of environment appropriateness in the current era are an irrefutable truth  . Modern societies deal with this fact in an actual manner and to this large minority, they give rights  and are committed to performing them.
Critical review of resources: The question of whether the government has an obligation to provide equal access for disabled people  has not been addressed in the written works on the rights of people with disabilities, which has been criticized.
Another unanswered question is whether not using the usual infrastructure facilities of society by the disabled is due to a defect in these people or  it is due to a lack of urban infrastructure
Discussion: Research has argued  that since our country , Iran, is based on the Islamic state, the question arises as to whether equal access for the disabled as a right is recognized in the foundations of Islamic jurisprudence, including the Qur’an and tradition And whether  the government, on the one hand, and the Islamic community, on the other hand, have such an assignment to such a right.
This article was written using  analytical-descriptive method and the rules and principles defined in the ijtihad course  and tried to find an appropriate answer to  this question.
Awareness of the Islamic approach to disability phenomenon, while eliminating some misconceptions, has an effective impact on improving disabled people’s  attitude towards themselves and society’s attitude towards  them. Also,  it is considered as a basis for the demand and supply of special services to the disabled and their other social rights.
Moreover, with the advancement of modern societies in the provision and promotion of services for the disabled, if a religious government like our beloved Iran, cannot be present, at the present time, at least on theoretical foundations - alongside these countries, definitely in the future will move backward in this race.
Findings: The findings of the research indicated that the general and religious evidence point to the rights to equal access and the necessity of the presence of people with disabilities in the society, and the government cannot, and  has no such right that due to the lack of conditions and by keeping the process of access for everyone silent, always and permanently deprive people with disabilities from social responsibilities. But the right to proper implementation and the rights to the equal access are obligatory to the government.

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