Document Type : Original Article
Authors
1 PhD student, public law, Islamic Azad University, Khorasgan branch, Isfahan, Iran
2 Associate Prof, Department of law, University of Isfahan, Isfahan,Iran
3 Assistant Professor, Department of Law, Islamic Azad University, Khorasgan Branch, Isfahan, Iran
Abstract
Highlights
Criticism of recruitment and selection criterias in Iran's administrative law in the light of human rights standards
Abstract:
Today, human rights have become a global discourse in such a way that different legal fields are affected by human rights. In the meantime, administrative law also have not benefited from this influence and in today's world, there is talk of administrative human rights. The meaning of administrative human rights is administrative rights that adhere to and are bound by the standards and criteria of human rights. Administrative human rights is a newly established concept in the hierarcy of human rights subjects, which looks at the features of the governing rules from the point of view of human rights. Administrative human rights and its rules are one of the modern concepts of administrative law in which some principles of administrative law such as the right to defense, access to information, the principle of equality, the principle of hearing, the principle of transparency, the principle of proportionality, legitimate expectations and the right to privacy have been proposed and developed in this space. Administrative law has been linked with novel concepts in recent years. This branch of law does not have only a restraining and limiting role as in the past, but with new issues such as good governance, effectiveness, efficiency, result orientation, purposefulness and the similar subjects which strives to achieve a desirable and good, effective, efficient, result-oriented and purposeful administration. The goal of administrative human rights, in addition to demarcating the behavior of the administration and respecting the rights of citizens, is to realize the rule of law, participation and administrative democracy, and finally to observe the standards of human rights in the administration. The administration is required to observe the freedom of individuals and respect it in various ways, both for citizens and for its employees. Therefore, in recruitment and employment, general conditions such as university education, knowledge and expertise should be the criteria for hiring, and conditions such as religious, political and social beliefs of people should not be the criteria for accepting or rejecting them. According to the standards of human rights, people have the freedom of opinion and expression, and this freedom should be respected when entering the office and it should not be the criterion for evaluating people for employment, so that the freedom of opinion and conscience of people is preserved. One of the stages of the manifestation of human rights in administrative law is recruitment and entry into government service. In entering service and employment, it is necessary to observe principles such as equality, justice and respect for human dignity. Basic laws as well as ordinary laws have considered general and specific conditions for entering the service. As long as the mentioned conditions are in accordance with the principles of human rights, there will be no problem, but sometimes it is observed that the legislators consider criteria and conditions in the recruitment and selection stage that conflict with the principles of equality, justice and competencey
In Iranian administrative law, the regulations related to entering the government service and employment are identified in articles 41 to 45 of the Civil Service Management Law as the mother law of administrative law. In addition to the conditions stipulated in the Management Law, the Country's Selection Law also deals with some other conditions regarding admission to government service. In the chapter related to the rights of the nation of the Iranian constitution, the fundamental and human rights are clearly recognized, which includes the right to equality and human dignity. The main question in this research is to examine the status of human rights criteria in the recruitment phase with emphasis on the two Civil Service Management Law and the Country Selection law. Based on this, the research hypothesis is also based on the premise that although principles such as equal opportunities have been paid attention to the Civil Service Management Law, but with the stipulation of some conditions in the same law as well as the stipulation of some moral and ideological criteria in the Selection Law basically, the application of human rights principles has been restricted. The study of the above laws shows that the legislator has tried to approach the standards of human rights in the Civil Service Management Law, but in the Selection Law, the inclusion of some criteria is not consistent with these principles and deserves criticism.
Due to the fact that the cores and selection boards as well as the regulations related to entering the service are considered administrative acts, there is a possibility of judicial supervision by the Administrative Court of Justice over the actions of the mentioned authorities. The judicial supervision of the court is carried out through the branches and the general board. Examining the decisions issued by the branches and the general board shows that the judges of the Administrative Court of Justice have a correct understanding of the principles of human rights governing employment, such as equal employment opportunities and attention to human dignity, and this promises a change in the system of selection and entry into service and the rule of law as much as possible over this process.
The research method in this study is descriptive and analytical, and the library method was used to collect the sources.
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