Document Type : Original Article
Highlights
Human rights are the collections of rights that are related to the dignity of human and belongs to every human regardless of religious, racial, linguistic and political situation.
The right to social security is also recognized in many international human rights documents which prove it as a human right that any one deserves to receive social security protections even if she or he has got the different nationality. So foreign nationals deserve to receive social security protection, and domestic legal systems should overcome the obstacles that exist against the full benefit of foreign nationals.
In the civil legal system, the organization under the inclusion of about 50 million population of the country as the main and accessory insured is the custodian of the social insurance system which originated in 1354 social security law. the subjects of this law are those who are obliged to pay the premium to the organization or by contract, and benefit from long - term and short - term support of social insurance.
The provisions in this law on foreign nationals and its implementation in the described organization are not an effective step in identifying the strengths and weaknesses of the civil rights system in the context of realization of the right to the non- national people in Iran.
Social security law as the basis of providing legal supports to the insured people, in its article 5, emphasizes on the protection of this law on foreign nationals with legal licenses of residence and employment in Iran.
In the law of welfare and social security of 1383 foreign citizens residing in Iran in the framework of Islamic standards, conventions and international agreements and by observing the mutual act enjoy the protections of the comprehensive system consequently , the recognition of the rights of foreign nationals in these laws , non - Iranian nationals under the coverage of compulsory and compulsory insurance covers of social security organization. There are no limitations in providing long - term benefits and supports such as retirement, disability and death as well as short -term benefits including medical services and cost aid.
accordingly, social security law can be considered among the right-based rules in the social insurance system and the procedure of social security organization in implementing this law can be evaluated in order to guarantee and supply this right.
however, there are weaknesses in the rules and regulations of this field. among the non- inclusion of unemployment insurance protection to employed foreign nationals and the lack of coverage of social insurance coverage to employed citizens in Iran who lack legal permits or employment permits.
