The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Analysis of the position of Iran's welfare state in welfare paradigms with an emphasis on legal standards and Legatum Report 2021 (from theory to practice)

Document Type : Original Article

Authors
1 Ph.D. Student in criminal law and criminology, lecturer, attorney at law
2 Department of Criminal law and Criminology, Faculty of law and political Sciences Allameh Tabataba'i University
3 Department of social, (social communication), Faculty of Organizational Resources Amin university of police sciences
10.22034/mral.2022.559256.1350
Abstract
Welfare regimes represent the set of welfare policies and programs of a country in the field of opinion and practice,which form the welfare structure of a country and for the very important goals of welfare,including the happiness and well-being of citizens, the development of society,and also the very wide effects that the lack of welfare components in societies have(such as injuries, deviance and crimes),has been the focus of social and criminal policy makers.In this article, by using the descriptive-analytical method, welfare structure based on upstream documents as a legal theory and perspective, as well as the country's welfare status in the international arena aswelfare practice and function are examined.And it is analyzed.The results of this research show that, on the one hand,the fundamental laws in Iran, despite the intensity and weakness of the welfare programs,indicate a relatively comprehensive view and the desire to implement the welfare state system of the social democratic type, and on the other hand, the state of welfare indicators in Legatum's report shows the very unfavorable state of welfare in the country and Iran's inappropriate position in the international and even regional arena.Also, the comparison of welfare indicators in the Legatum report shows that in terms of the welfare system, Iran is next to the less efficient informal supply countries.Therefore, there is a huge gap between what is introduced in theory as the welfare policies resulting from the basic laws and the practice that is the result of the current state of welfare in the country.

Highlights

Social welfare is an organized set of laws, regulations, programs and policies that are provided in the form of welfare institutions and social institutions in order to respond to material and spiritual needs and provide human happiness in order to provide the basis for his growth and excellence.

The main question in this article is that the welfare structure of Iran is closer to which of the welfare regimes in the theoretical and practical field and what is the status of the welfare state? In this regard, in the theoretical field, upstream documents and fundamental regulations have been used, and in the practical and executive field, the report of the Legatum Institute on the state of welfare indicators in Iran has been used, and of course, the results of the report have also been effective in determining the structure of the welfare system. As a result, in the first part of the article, we first discuss the theoretical foundations of the research, i.e., welfare regimes, then, in order to understand the welfare structure, the upstream documents in Iran are examined, and in the third stage, while presenting the Legatum report, the indicators and status of Iran, the state of the welfare system And the type of welfare regime resulting from it is analyzed.

The welfare state means the existence of thoughtful and intelligent policies in the field of providing at least the minimum standard of living for everyone and promoting equality in life opportunities, and there is no doubt about the necessity of focusing all the attention of all official institutions on providing public services. Public does not exist

Shahid Sadr's economic plan emphasizes on eliminating discrimination and class system and establishing a healthy economy. In explaining the pillars of Islamic economy, he mentions three pillars, the third pillar of which is social justice. He believes that the goal of Islam in the field of economy is to realize social justice.

He says in another place: The Islamic state must provide equal life mixed with prosperity and comfort for all members of the society by improving the lives of the poor and preventing the excesses and extravagance of the wealthy and by preventing the concentration and accumulation of capital. to establish social justice.

Social policy, which refers to the government's intervention in social aspects and affairs, including social welfare, because it is a basic matter and deals with the government, it is basically reflected in the structure of the laws of a country, and therefore, examining the state of welfare requires a study in the field of policy. Welfare and legal regulations are related in that country and in fact, it is the law and the basis of social and welfare policies

In Iranian law, the theory of public services is considered one of the main foundations of the existence of the administrative apparatus of the government, and the existential philosophy of the government is to provide public services.

In recent years, this theory has been linked with concepts such as privatization and regulation. In this process, the emergence and establishment of institutions called "regulatory institutions" has completely changed the face of public services.

The governing structure of the vision document as an upstream document well expresses the importance of welfare and social security in the general policies of the system. This document comprehensively and clearly states many aspects of welfare and outlines the prospects of Iranian society by achieving them and obliges the country's officials to prepare, compile, approve and implement strategic plans and policies in order to provide the mentioned conditions. rules and regulations. Therefore, it seems that the document's view on welfare and social security is a comprehensive and comprehensive view, taking into account many areas and the duty of the government to provide welfare conditions in the country, in such a way that the society of Iran in 1404 should be eligible for favorable conditions. prosperous and developed country.

Despite the simultaneous start of the development program with the developed countries of the world and the passage of more than 70 years in the structured and targeted formulation of programs, we still have not reached sufficient and appropriate achievements even at low levels, and despite relatively appropriate attention to the dimensions of development and welfare, development programs in Iran It does not have a specific structure and organization and lacks regular and continuous theoretical foundations and is often derived from political conditions, tastes and views of political and executive managers.

The structural law is one of the basic laws in the field of welfare and social security, and one of its most important functions is the implementation of the welfare principles in the constitution, it seems that it has not been properly implemented in line with the welfare system intended by the constitution, both structurally and executively. It is associated with many problems and because its main emphasis is on the realm of social security, it cannot be considered a policy in the field of social welfare in the general sense. As a result, despite being close to the welfare state system, it cannot be completely placed under this system.

As can be seen, the three indicators of individual freedoms, natural environment and business conditions are the worst indicators and the three indicators of health, education and living conditions are the best indicators of Iran in this report. But in the meantime, what is worthy of consideration is that only 4 indicators have a rank below 100, and the other indicators do not have a good position at all, and this has caused Iran to rank 123. A report that indicates the unsettled state of well-being and quality of life of the Iranian nation.

However, there have been improvements in some areas of well-being, including indicators related to education and health. But in general, there is no coordinated and coherent system that continuously seeks to improve and improve the welfare system, and the plans are often long-term and five-year plans, which are ideals and shoulds, while it was appropriate in Along with long-term plans, step-by-step and short-term, detailed and operational planning was done in line with macro-policies so that welfare issues do not become slogans. Therefore, taking into account the conditions and the state of the country, we definitely cannot believe in the establishment and implementation of the welfare state in Iran.

It seems that according to the social, economic, political and cultural conditions governing the country, Iran's welfare system, along with some features of the Islamic system, is placed in the group of informal supply systems, and if we divide the informal supply system into two categories, efficient and If we divide it less efficiently, it is likely to be placed in the less efficient group, and in this structure, the family independently and other non-governmental social institutions play a very colorful role in providing services and welfare policies in general. Therefore, the country's welfare system is in a state of chronic underdevelopment, and there is no compatibility between the thinking governing the upstream documents and the goals outlined with the current welfare state, and in fact, the theory is far away from pragmatism.

Keywords
Subjects

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Volume 5, Issue 14 - Serial Number 14
Fifth year, 14th issue, ّSpring 2023
Spring 2023
Pages 13-43

  • Receive Date 01 August 2022
  • Revise Date 21 September 2022
  • Accept Date 03 October 2022