Positive Discrimination As A Supportive Basis for Ensuring the Rights of Persons with Disabilities; A Comparative Examination of Domestic and International Legal Measures

Mousazadeh, Ebrahim

doi:10.22091/csiw.2024.8755.2345

Document Type : Academicm and Research

Author

Ebrahim Mousazadeh

Professor of the Department of Public Law, Faculty of Law and Political Science, University of Tehran, Iran.

10.22091/csiw.2024.8755.2345

Abstract

Individuals with disabilities constitute a significant minority in human society. However, despite the existence of Islamic, international, and domestic fundamental principles of human rights such as inherent dignity and equality, this group has faced deprivation in realizing their rights compared to others. The necessity of effective measures to guarantee their rights has raised the issue of "positive discrimination," which functions as a supportive basis in international documents, Islamic standards, and domestic laws. The main question of this paper is: What are the effects and consequences of positive discrimination as a supportive basis for ensuring and protecting the rights of persons with disabilities in domestic and international systems? This article, recruiting a descriptive-analytical approach, concludes that positive discrimination, due to its rational and intrinsic basis, legitimizes and serves as a significant factor in identifying protective rights for individuals with disabilities. The primary legal impact of positive discrimination lies in the recognition of this element in domestic laws and international documents, allowing persons with disabilities to enjoy their rights and equal social participation like other citizens. In this regard, the Convention on the Rights of Persons with Disabilities adopted in 2006 and the Law on the Protection of the Rights of Persons with Disabilities passed by the Islamic Consultative Assembly in 2017 are considered symbols of the influence of positive discrimination in supporting persons with disabilities. However, it is worth noting that domestic measures have a stronger executive backing compared to the international arena. Nevertheless, it should be acknowledged that comprehensive theoretical discussions on positive discrimination for individuals with disabilities have not been adequately addressed in the legal literature of Iran.

Keywords

Main Subjects

Legal (Comparative Islamic and Western Law)

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Comparative Studies on Islamic and Western Law

Positive Discrimination As A Supportive Basis for Ensuring the Rights of Persons with Disabilities; A Comparative Examination of Domestic and International Legal Measures

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Volume 10, Issue 4 - Serial Number 38
December 2023
Pages 135-154

Positive Discrimination As A Supportive Basis for Ensuring the Rights of Persons with Disabilities; A Comparative Examination of Domestic and International Legal Measures

References

References

Send comment about this article

Volume 10, Issue 4 - Serial Number 38December 2023Pages 135-154

Volume 10, Issue 4 - Serial Number 38
December 2023
Pages 135-154