Document Type : Original Article

Authors

• Mohammadjavad Javid ¹
• Omid Norouzi ²
• Tahereh Farmanesh ³

¹ Associate Professor Faculty of Law and Political Science University of Tehran ,Tehran,Iran

² Assistant Professor, Faculty of Law and Political Sciences, Azad University, Shahriar Branch, Alborz, Iran

³ Ph.D. in Theology, Jurisprudence and Fundamentals of Islamic Law, Mazandaran University, Mazandaran, Iran

Abstract

The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in the Constitution. Article 21 of the Constitution, targets women's rights and obliged the government to guarantee women's rights in all aspects by observing Islamic standards. However, the requirement to comply with Islamic standards caused the   word political man to be associated with a gendered interpretation in the interpretation of Article 115 of Constitution, without necessarily having such an intention on the part of the legislator. The interpretation of Iran's Guardian Council in 2015  also did not help to solve this problem in favor of women's rights and to achieve equal political rights with men, and this discrimination remains in effect. The research method of this article is qualitative with a descriptive analytical approach and gathering information from articles, books and internet sites. The result is that because the majority of men dominate the administrative affairs, the interpretation of the Guardian Council has led to discrimination against women in practice and unintentionally, and although positive discrimination in favor of women is included in the Iranian  Constitution, but in the practice of interpretation of this Council; its effect has overshadowed and led to negative discrimination against women

Keywords

• Iran's constitution
• Political rights
• Administrative rights
• Women's rights
• Labor law

Main Subjects

• Administrative Law

OPEN ACCESS

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