Understanding Islamophobia in Human Rights Context: A Conceptual Analysis of the OIC Initiatives against Hate Speech | ||
| Iranian Journal of International and Comparative Law | ||
| مقاله 1، دوره 1، شماره 2، شهریور 2023، صفحه 3-16 اصل مقاله (1.78 M) | ||
| نوع مقاله: Original Article | ||
| شناسه دیجیتال (DOI): 10.22091/ijicl.2024.10014.1080 | ||
| نویسنده | ||
| Mohammad Hossein Mozaffari* | ||
| Assistant Professor, Faculty of Law, University of Religions and Denominations, Qom, Iran | ||
| چکیده | ||
| In the past several decades, Islamophobia has emerged as a significant term in both popular and technical discourse. This term, regardless of its original meaning, is a construct that involves a variety of concepts such as “discrimination against Muslims” and “hostility toward Islam”. This article attempts to explore various aspects and manifestations of Islamophobia in the framework of human rights. The first part of this paper examines the historical background of the term as it was developed in the Human Rights agenda of the Organization of Islamic Cooperation (OIC) to comprehend the legal aspects of Islamophobia. The second part focuses on the conceptual analysis of Islamophobia, distinguishing between two distinct forms of the term in the context of human rights. Defining Islamophobia and demarcating its manifestations in a human rights framework would facilitate a better understanding of both the term and its conceptual boundaries in relation to similar terms and concepts. The author concludes that the United Nations resolutions, OIC standards, and European Union initiatives recognize the importance of responsible expression and realize the need for legal frameworks to combat all forms of Islamophobia. In comparison to other associated terms employed in UN and OIC human rights instruments, Islamophobia represents an inclusive term that can provide a acceptable legal framework for all stakeholders. | ||
| کلیدواژهها | ||
| Islamophobia؛ Discrimination against Muslims؛ Hostility toward Islam؛ Defamation of Religions | ||
| مراجع | ||
|
Benito E O, Special Rapporteur: Study of the Current Dimensions of the Problems of Intolerance and of Discrimination on grounds of Religion or Belief, E/CN.4/Sub. 2/1987/26 (1986)
Cairo Declaration on Human Rights in Islam, Adopted at the Nineteenth Islamic Conference of Foreign Ministers, 31 July to 5 August 1990
Chakraborti N, J Garlan, Hate Crime: Impact, Causes and Responses, (SAGE Publication 2015)
Charter of the Islamic Conference. Adopted by the Third Islamic Conference of Foreign Ministers at Djidda, on March 4, 1972
Cheng J E, ‘Islamophobia, Muslimophobia or Racism? Parliamentary Discourses on Islam and Muslims in debates on the minaret ban in Switzerland’ (2015) Vol 26 Issue 5 Discourse & Society
Commission on Human Rights Res. 2000/84, 2001/4, 2002/9, 2003/4, 2004/6, and 2005/3, UN Doc.A/HRC/4/L.12, A/HRC/7/L.15
Commission on Human Rights, 44th meeting April 12, 2005.
Commission on Human Rights, 56th Sess. 67th mtg. at: 72-73; U.N. Doc. E/CN.4/2000/SR.67 (December 1, 2000), UN Doc. E/CN./2001/L.7 (April 11, 2001)
Commission on Human Rights, Draft Resolution on Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination, 56th Sess. UN DOC. E/CN.4/1999/L.40 (April 20, 1999)
Commission on Human Rights, Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination, at 2, UN Doc. E/CN.4/2003/23 (January 3, 2003)
Commission on Human Rights, Res. 1999/82
Commission on Human Rights, Res. 2000/84, 2001/4, 2002/9, 2003/4, 2004/6
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, General Assembly Resolution 36/55, November 1981
Hargreaves J, ISLAMOPHOBIA: REALITY OR MYTH? (Lancaster University 2016)
Human Rights Council, Ad Hoc Committee on the Elaboration of Complementary Standards, Outcome referred to in paragraph 2(D) of the road map on the elaboration of complementary standards 19830 October 2009, A/HRC/AC.1/2/2 at: 67
International Convention on the Elimination of All Forms of Racial Discrimination, December 21, (1965) United Nations General Assembly Resolution 2106 (XX)
International Covenant on Civil and Political Rights, UNGA Res. 2200 A (XXI), March 23, 1976
Iqbal Z, Islamophobia: History, Context and Deconstruction (SAGE Publications 2019)
Islamophobia: A Challenge for Us All, Commission on British Muslims and Islamophobia (Runnymede Trust 1997)
Muslims in the European Union Discrimination and Islamophobia, European Monitoring Centre on Racism and Xenophobia, 2006
Muslims in the European Union: Discrimination and Islamophobia (2006), Retrieved from https://www.ssoar.info/ssoar/bitstream/handle/document/31588/ssoar-2006,Muslims_in_the_European_Union.pdf?sequence=1, accessed on November 18, 2023
Muslims in the European Union: Discrimination and Islamophobia, Retrieved from https://fra.europa.eu/en/publication/2012/muslims-european-union-discrimination-and-islamophobia, accessed on November 18, 2023
Muslims in the European Union: Discrimination and Islamophobia, Yearbook of the OSCE (Organization for Security and Co-operation in Europe, 2007) EUMC (since March 2007 the European Union Agency for Fundamental Rights/FRA), Vienna, December 18, 2006
Pratt D , Woodlock R, Fear of Muslims? International Perspectives on Islamophobia (first edition, Springer 2016)
Ramcharan B.G, ‘Violations of Economic, Social and Cultural Rights’ in B G Ramcharan (ed), Judicial Protection of Economic, Social and Cultural Rights (Brill 2005)
Report of the IPHRC on the participation in the 47th Session of OIC Conference of Foreign Ministers in Niger, Retrieved from https://oic-iphrc.org/web/index.php/site/view_news/?id=472, accessed on 15/12/2020
Riaz H, Unfolding Islamophobic Racism in American Fiction (Lexington Books 2023)
Ribero A.V, Implementation of the Declaration on the Elimination of all forms of Intolerance and of Discrimination based on Religion or Belief, E/CN.4/1987/35 (1986)
United Nations General Assembly Resolution 16/18 on Combating Intolerance, Discrimination and Violence against Individuals on the basis of Religion or Belief; A/HRC/RES/16/18
United Nations General Assembly, 76th Session, 61st meeting (AM), March 15, 2022
United Nations General Assembly, Res. 60/150, 61/164, 62/154, UN Doc. A/Res/60/150, A/Res/61/164, A/Res/62/154
Universal Declaration of Human Rights, UNGA Res. 217 A (III), December 10, 1948
Yearbook of the International Law Commission (United Nations International Law Commission 1977)
Zebir K, ‘The Redeployment of Orientalist Themes in Contemporary Islamophobia’ (2008) 10 Studies in Contemporary Islam 4
| ||
|
آمار تعداد مشاهده مقاله: 530 تعداد دریافت فایل اصل مقاله: 531 |
||