The Ruling Approach on the Right to Self-determination of People with Disabilities in International Documents and Iranian Legal System in the Present Era

Document Type : Academicm and Research

Authors

1 Associate Professor, Department of Public Law, Faculty of Law, University of Qom.

2 PhD Student of Public Law, Faculty of Law, University of Qom.

Abstract

In today's era, the sovereignty of individuals to determine their own destiny the present era is considered as a fundamental principle in the realization of democracy and, subsequently, the guarantee of human rights and freedoms in all aspects of personal and social life. In this regard, people with disabilities, who constitute an important part of the world community, will have the right to enjoy this right. The way to guarantee it has evolved with the design of classical charitable and medical models, as well as modern social and human rights models; but in the present era, the most significant factor in the existence of unfair discrimination is the lack of recognition of the right to sovereignty of people with disabilities by benefiting from public participation. The ruling authorities cannot effectively be in the place of the representatives of this part of the society, and decisions and decision-making are often set without knowing their rights, and governments make themselves the ruler of the fate of people with disabilities by providing obligations in various fields. Codifying effective legislative policies and predicting the means of guaranteeing this fundamental right will be an effective step in guaranteeing this matter. Therefore, by using the analytical-descriptive method, while studying the components and foundations stated in international documents and Iranian laws, we will outline the rules and principles governing the guarantee of the sovereign right of people with disabilities over their destiny in order to achieve equal opportunities.

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Comparative Studies on Islamic and Western Law
Volume 11, Issue 3 - Serial Number 41
September 2024
Pages 65-88

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