The Study of the Right to Equality and Discrimination in the Legal System of Iran
Journal: International Journal of Nations Research (Vol.3, No. 33)Publication Date: 2018.09.21
Authors : Farshid Yousefirad;
Page : 103-127
Keywords : Discrimination; Equality; Iran's Legal System;
Abstract
In the present study we are going to explain the concept of the right to equality and discrimination aspects in Iran's legal system. In many legal systems, due to racial, ethnic, gender, nationality as well as many other factors, some sorts of discrimination are created in the society and affects minority groups. The citizens rights recognized in the constitution of each country are the fundamental rights of them. If the constitution recognizes these rights, then the normal laws must seek to enforce and protect them. One of the aspects of such protection in Iran's normal laws is the criminal protection of fundamental rights against violations by citizens and government officials. However, Iran's criminal lawmaker has not taken an appropriate method in this regard. Beside the fact that, there are still some violations of fundamental rights that do not have criminal guarantees, the status quo has some shortcomings and contradictions. Establishing the equality principle in the society and eliminating discrimination can pave the way for applying other rights or principles. Regarding the common social rights of most societies including the right to education for all or the right to work and so on, the legal equality and non-discrimination have necessitated that all human beings are equal in benefiting their social rights and they should be treated in the same way without any discrimination.
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