جستجوی مقالات مرتبط با کلیدواژه « positive discrimination » در نشریات گروه « فقه و حقوق »

Over time, the issue of women's political participation, and in particular the issue of women's representation in the legislature, has become increasingly important. This issue indicates the level of political development of countries and ensuring equality between men and women in terms of the right to self-determination. The question addressed in this article is how and by what measures can women's political participation and their attainment of the right to representation or the so-called right to be elected be promoted in Iran? Accordingly, in this research, in a descriptive and analytical manner, we have studied the issue in different legal systems and the solutions presented in them and then the status of women's representation in different periods of the legislature before and after the Islamic Revolution of Iran. The results of the research show that the establishment of a positive discrimination policy in favor of women will be the beginning of paving the way for improving their level of political activity. In addition, choosing an appropriate electoral system for women to enter parliament, the number of seats reserved, and the measures taken by political parties around the world can be useful ways to increase this participation, as has been used and effective in many countries.

Children, like other segments of society, possess inherent rights, and societal procedures should be structured to ensure the realization of these rights. Despite the contemporary laws reflecting an advanced and civilized understanding, demonstrating a progressive stance towards humanity, especially children, there are instances where it might be more beneficial to establish dedicated arrangements ensuring the guaranteed rights of children and teenagers. This is particularly relevant for groups facing the dual challenges of excruciating rare diseases and the deprivation of their fundamental rights. Given the current emphasis on children's rights to the highest standards of healthcare in international regulations, it is essential to establish requirements that secure this right, especially for the considerable number of affected children in developing countries. This article employs a descriptive and analytical approach to illuminate these obscured areas, uncovering pathologies and suggesting solutions and preparatory measures within Islamic jurisprudence and law. This includes the imperative of implementing swift legal procedures to ensure the provision of social and healthcare services for children grappling with rare diseases.

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.

There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning for protecting them and keeping their human rights. Of course, in the domestic level, there are a process of law making and policy implementation to defend women in the time of armed conflicts and after that, especially in the process of peace keeping. The authors with a critical approach examine different policies and programs in this respect in Iran and the US and show disparity between men and women in this regard. This inequality is mainly the result of functions of social and cultural infrastructures of the societies. Although in Iran the procedures of law making has many difficulties in its nature. The main question of this paper is that: what is the impact of gender consideration in the implementation of protective rules for the people who have been engaged in different stages of the war? The authors focus on positive discrimination to reduce neglected condition of women in this respect in Iran.

Human rights such as the right to life, the right to health, the right to work and social security, and the right to a healthy environment call for supporting workers of arduous or hazardous jobs in forms of their right to enjoy a proper, healthy and hygienic work environment and support during work and retirement. Clinical occupations have specifically been designated as arduous or hazardous occupations by the legislator's decree and its employees have been further supported. Unfortunately, because the mentioned employees work in different governmental and non-governmental sectors and that they are under different laws and regulations including different provisions depending on the relevant sector, different procedures have been adopted to support these employees which causes discrimination between people who have the same jobs with similar conditions and with the same duties. Those covered by the labor and social security law retire with at least 20 consecutive years or 25 alternating years of employment experience and without meeting the minimum age requirement, those subject to National Employment Laws and related regulations retire with at least 25 years of employment experience in non-specialized jobs and 30 years in specialized jobs, Azad University employees retire by having at least 20 years of employment experience, workers subjected to the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country retire with 25 years of employment experience, and the employees of the armed forces retire with at least 20 years of employment experience. Therefore, extending the conditions of amendment 2 of Article 76 of the Social Security Law 1380 to all those working in arduous or hazardous clinical jobs can be considered a way forward.

Literature Review:

So far, no article has been written about supporting those working in arduous or hazardous clinical jobs.

Descriptive/analytical/exploratory research methods will be used in writing this research. Also, the method of collecting information in the upcoming research will be library research. Other methods of collecting information such as field research and questionnaires will not be used.

The table below demonstrates the different approaches to supporting those working in arduous or hazardous clinical jobs based on the governmental and non-governmental sectors and the different applicable rules to the mentioned sectors:Applicable law Minimum employment experience Minimum age Ex Gratia Payment for early retirement Organization's responsibility or authority Subject to the Labor and Social Security Law 1990.At least 20 consecutive years or 25 alternating years No need for meeting the minimum  age requirement severance pay equal to 1.5 years of experience for each year of employment Duty  to  agree with the request Subject to National Employment Laws and related regulations and employees of Social Security Organization and Martyrs and Veterans Foundation At least 25 years in non-specialized jobs and 30 years in specialized  jobs At least 55 years of age for men and no minimum age requirement for  women 5 years Duty to agree with the request Azad University staff At least 20 years No need for meeting the minimum  age requirement 5 years Duty  to  agree with the request Applicable law Minimum employment experience Minimum age Ex Gratia Payment for early retirement Organization's responsibility or authority Subjects the Administrative Regulation for Employment and Organization of Non-faculty Employees of the University of Medical Sciences and Healthcare Services of the Country At least 25 years At least 55 years of age for men and no minimum age requirement  5 years Duty to agree with the request Armed forces employees Subject to At least 20 years No need for meeting the minimum age requirement 5 years The duty or discretion of the armed forces in agreeing to the retirement of their employees is uncertain. Therefore, this system has caused discrimination between people who are employed in the same jobs with the same conditions and with the same description of duties which necessitates the initiative of the legislator to solve it.

Positive discrimination implies any action such as admission to universities, employment, public contracts, commercial loans, and the right to buy or sell land on the basis of membership in a particular group for the purpose of fostering greater equality. These actions go beyond anti-discrimination policy. Their existence may be a result of constitutional requirements, administrative laws and regulations - such as requirements for public contracts court orders or voluntary action. The goal of positive discrimination is to counter social behaviors that reproduce group inequality even in the absence of intentional discrimination. This descriptive-comparative study is intended to examine the experience of positive discrimination in higher education in the United States, India, and Iran. The paper will argue that positive discrimination programs in the field of higher education, regardless of the terms that are supposed to eliminate them over time, will create double discrimination.

One of the most important philosophical and political issues in the current decades is women’s rights, freedom, and gender equality, which has led to the emergence of various philosophical, political and social movements known as feminism. In this article, we examine and evaluate the views of a contemporary philosopher named Jonathan Wolf. In a discussion entitled "Individualism, Justice, and Feminism," Jonathan Wolff examines women’s rights and the views of some feminists on the concept of justice and its relationship to women’s rights. Criticizing feminists, Wolff seeks to provide an effective solution to women’s problems in various socio-political spheres by explaining the theory of "positive discrimination." This descriptive-analytical study aims to answer a key question: Will Wolff’s theory of positive discrimination solve women’s problems? In other words, this article examines Wolf’s theory - which is very much based on Rawls individualism and liberalism - and his critiques of feminists and attempts to evaluate his views. The results showed that the theory of positive discrimination that Wolff chose to defend the rights of women, often created other problems and the reason was the lack of attention to the innate nature (fitrah) of men and women and the natural status of the family.

The right to development which means Public access to developmental benefits in any society requires that status of those groups that seems to be under discrimination, including possible minorities or indigenous peoples is considered. One of the most effective solutions is an allocated share in political participation for these groups which enables them to participate in public decisions related to the different political, economic, social and cultural aspects of society.The purpose of this study is to investigate one of the most effective mechanisms in securing the right to development in relation to minority and indigenous groups. The main question of the research is what effect the allocation of special shares to minority and indigenous groups has had on benefit of these Groups from development in the respective countries? The research method of this research is analytical-descriptive and the method of collecting information is library. The results of this study, which examines two successful experiences in Romania and New Zealand, show that by allocating the share in political participation to representatives of minority and indigenous Groups, there is chance for these groups for participation in public decision-making of society in relation to process of development and As a result, assurance of needs and human rights of the members of the mentioned groups in development process will be better provided. Also, there is a better possibility for further observing of implementation of mentioned decisions.

Given the increasing numbers of people with disabilities around the world, the UN General Assembly on December 7 adopted the Resolution on Standard Equality of Opportunities for People with Disabilities. Working with people with disabilities and equal opportunities, raising awareness of people and people with disabilities about the rights, needs, abilities and potential of people with disabilities is a core part of this resolution. The purpose of the present study is a comparative study of positive discrimination in the employment of persons with disabilities in the legal system of Iran, US and India. Unfortunately, in Iran, neither in the Constitution nor in statutes, there is any principle or substance been explicitly and directly addressed to the issue of positive discrimination in the employment of persons with disabilities. The Indian legal system and the Supreme Court have taken strong steps to promote positive discrimination for the employment of people with disabilities. US federal law also requires the federal government to discriminate against people with disabilities. The adoption of the new law for the protection of the disabled, approved in 2017, is a necessary but insufficient step in the field of positive discrimination and employment of the disabled in Iran.

The literal meaning of “discrimination” does not imply whether it is positive concept or not, but in term of law it is a negative concept. “Positive discrimination” as an emerging concept of public law, has entered from comparative studies to the domestic debates. Due to some ambiguities about this concept, the constitutional legislator has used the concept of " legitimateness of discrimination", the theoretical development of which can pave the way for the realization of "justice" in the meaning intended by the constitutional legislator. So, the main question of the present inquiry is “to investigate the theoretical differences between positive discrimination and licit discrimination and the approach of the legal system of Iran to these concepts”, which has been studied by descriptive-analytical method. In the continue the relationship between “indigenous employments” and “licit discrimination” is explored as a case study. The results of this study showed that there is an inseparable relation between “licit discrimination” and “justice” in the Constitution of the Islamic Republic of Iran. The meaning of the “justice” is also close to the “proportionality”. “Positive discrimination” that rooted in “equality”, has no place in the legal system of Iran. In the case of Indigenous employments, each instance of employments should be presented on the concept of “licit discrimination” by considering the distinguish between Indigenous employment in normal and deprived areas. The procedure of the Court of Administrative Justice has also accepted this distinction.

According to the prevailing opinions on interpreting Article 64 of the Constitution of the Islamic Republic of Iran, religious minorities’ members consisting of the Zoroastrians, the Jews, the Christians (north and south Armenians, Assyrians and Chaldeans) are not augmentable in Iran’s parliament. The main goal of this article is to clarify the allocation of these five seats and its position within the scope of the principle of equality, which was done by describing-analyzing method and collecting library-documentary information. The research suggested that five members are guaranteed at a minimum and there are no limitations. It is changed in statute and parliament election also has established significant discrimination through the election system of the religious minorities that appear during the process of enrolment, qualifications, the structure of supervisions, provincial and central, voting and dividing election centers.Finally, positive discrimination has changed into a negative one. The solution is to correct the acts and regulations. So we suggest amending the laws in secondary fields and voting centers, and also the participation of minorities in control boards, and increasing minorities members in parliament.

Equality in its legal sense is a philosophical norm from which many of the fundamental rights and freedoms in the constitution derive. The present study uses a descriptive-analytic approach, and after examining and applying the theoretical aspect of equality and its variants (formally and substantially), it describes the discussions of constitutional experts leading to the adoption of the principles of equality. The result of the discussions and debates of major legislators is that, despite the acceptance of equality in the constitution, there have been various conceptions of equality in the House of Experts. Despite having apparent and partial divergent readings of equality, Constitutional legislators eventually incorporated the principle of equality in the relevant principles. Also, substantive equality in the views of constitutional experts had a relative and fragile meaning. That is to say, despite the acceptance of substantive equality, some of the substantive equality provisions were not accepted in the constitution and were bound by Islamic standards.

The present paper examines the policy of positive discrimination in higher education in the United States in three analyzes: economic analysis, structuralism, and legal analysis. These three levels of analysis help to raise awareness of class issues related to higher education in this country. It first examines the concept of positive discrimination and its history in US higher education.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The reduction in educational credits in each state coincides with an increase in tuition. The working class and people of color are being treated unfairly and unkindly by the higher education system through changes in positive discrimination laws, the reduction of support services for people of color, the difficult financial aid situation, and the focus on individual merit in the Supreme Court's rulings.

In the United States, positive discrimination applies almost exclusively to the oppressed and minority groups (indigenous blacks and people of color in general) and other ethnic-minority minorities (most of whom were immigrants). Positive discrimination in the American higher education system is tolerated only in one specific area, and that is the realization of diversity. The Supreme Court's approach is to abandon compensatory justice and distributive justice in relation to higher education. In addition, there is no group that can be declared the definitive beneficiary of positive discrimination programs.

One of the claims that most feminists have insisted on is the issue of equality of women with men. They demanded that women have equal rights to men. This requires the elimination of all existing discriminations between men and women. Discrimination in this regard should not only include a negative discrimination but also "elimination of all kind of discrimination" including positive discrimination. However, we see that Western countries buy in positive discrimination. Accordingly, it has preferred women in allocating possibilities, resources and jobs, and did not regard this kind of discrimination unfairly. However, based on the principle accepted in Western philosophical schools, the primary principle in terms of justice is the equality of all individuals in the allocation of/and enjoying amenities, therefore, justice theorists will have to provide reasonable grounds for justifying their plans.Hence, in this research, we seek to explore two issues of the legitimacy and effectiveness of positive discrimination based on the philosophy of liberalism and libertarianism. We want to investigate whether there are justifiable reasons for the existence of a positive discrimination and whether positive discrimination can achieve the goals for which it is intended?

The right to hold managment positions is an example of citizenship rights that plays an important role in furtherance political partnership and decision making of the citizens of a society. This right is mentioned in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and several articles of the legal system of Iran and emphasizing its exercise without regard to discrimination, including gender discrimination. In the past, in many societies of the world, women were not given such a right and women had no role in governing society. Therefore, in modern world, many countries for elimination this inequality and to take advantage of the potency of women and their participation as half of society, apply to remedial actions such as allocation a certain quota for women in management positions. These actions are defined under the concept of "Positive Discrimination" or "Affirmative Action". Therefore, in order to achieve gender justice, the High Council of administrative ncil, in a approved in 1396, allocated 30% of managment positions to women and, in addition to other privileges, gave priority to women and youth in holding these positions. . Recently, the General Board of Administrative Justice Court annulled the approved by invoking to law related merit selection. This article in an analytical-descriptive manner, tries to considerate the conditions and challenges of exercising positive discrimination regarding this right while protecting other citizenship rights and principle of merit selection.

It is clear, women have had the role of unique and effective Political and cultural development of their community and their social participation in political self-determination countries is importance and effectiveness. The influential roles in society, some of these women are employed. The status of employed women in society, unwanted problems for them has justified need more support than men. The legislator, in the wake of improving employment conditions for women who, sometimes according to their status, are forced to do things inside and outside, has attempted to create facilities in the field of human rights that is known as “positive discrimination”. In some documents and human rights treaties can be seen emphasize and support for positive discrimination. Several countries have also endorsed these documents and have ratified in domestic law. In order to apply discriminated and improve the condition of women, parliament adopted the Law relating to reduction of working hours for working women with specific conditions in 1395 that help women working with special requirements. In this article, the writer explain that to what extent such privileges affect to create equal and employment opportunities for women in the context of human rights and to what extent the law can know positive in promoting women's rights.

Prohibition of undesirable discrimination is well recognized and guaranteed in international documents and international and regional judicial precedents and, finally, in the Islamic Republic of Iran’s Constitution. To investigate and analyze this, we first need to understand the concepts of “undesirable discrimination” and also “equality” and their criteria for identification. In addition, the other important question is how this concept is guaranteed by the judicial precedents of the General Assembly of Administrative Justice Court as one of its main practical fields of application. Also, what are the criteria for identification of “undesirable discrimination”? Through an analysis of judicial precedent, it seems that the General Assembly of Administrative Justice Court does not have a solid judicial precedent for identifying “undesirable discrimination” and, sometimes, we observe contradictory judgments in this matter. Also, the criteria for identifying this discrimination are both unclear and scattered and this Assembly has used various and sometimes totally different criteria in different judgments. In addition to all these factors, the Court did not distinguish between the identification of “undesirable discrimination” and its implementation and this has led to the interpretation of the Court of such “undesirable discrimination” being fully objective and not getting into details. Finally, in most of the cases the Court has obtained “undesirable discrimination” in terms of a legal corpus where this approach has become an obstacle for a dynamic interpretation of this concept and applying new criteria in this regard.