The Fundamentals of Imami Jurisprudence in the Relationship of the Right to Health Compared to the Prohibition of Racial Discrimination, in the Light of Recommendation No. 37 of the Committee on the Elimination of All Forms of Racial Discrimination

Firouzkah, Zari

The Fundamentals of Imami Jurisprudence in the Relationship of the Right to Health Compared to the Prohibition of Racial Discrimination, in the Light of Recommendation No. 37 of the Committee on the Elimination of All Forms of Racial Discrimination

Document Type : Original Article

Author

Zari Firouzkah

Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran.

Abstract

The integration of various instances of international human rights is considered one of the important and fundamental features of the international human rights system. In recent years, the right to health has undergone a great expansion and diversity in terms of its instances and structure at the international and regional levels. On the other hand, in the process of guaranteeing and implementing the right to health, the prohibition of racial discrimination as one of the instances of fundamental human rights that has a mandatory nature has also been the focus of international documents and procedures due to the complexities governing the relations between subjects of law. One of these documents is Recommendation No. 37 of the Committee on the Elimination of All Forms of Racial Discrimination. The findings of the present study, which were collected using a descriptive and analytical method and library tools, show that General Recommendation No. 37 has outlined a normative framework; This framework has five different parts, which in fact constitute the main pillars of the health rights system of countries. The approach of General Recommendation No. 37 is not in conflict with the principles of Imami jurisprudence; However, given the formation of customary norms based on documents such as Recommendation No. 37, it is necessary for Islamic countries to inform the Committee of their positions and approaches on sensitive issues such as sexual and reproductive rights and play a role in the process of forming customary norms.

Keywords

Racial Discrimination

Right to Health

Committee on the Elimination of All Forms of Racial Discrimination

Non-Binding Instruments