The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Examining the equality of men and women in employment rights

Document Type : Original Article

Authors
1 PhD student, Department of Private Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
2 Assistant Professor, Department of Theology, Gonbad Kavos University, Gonbad Kavos, Iran. (Corresponding author)
3 Assistant Professor, Department of Law, Faculty of Humanities and Social Sciences, Golestan University, Gorgan, Iran.
10.22034/mral.2023.2007635.1495
Abstract
One of the most important issues that has been raised in international law and at the level of written laws of most countries is the issue of equality between men and women, which is of fundamental importance in the field of employment laws, and in this regard, governments have a very important mission in the field of realizing citizenship rights, justice, the principle of equality, etc. The issue of equality between men and women in the employment debate is a very important principle in Iranian law, unfortunately, there are no comprehensive and complete laws guaranteeing effective implementation in this field, and only a few regulations and international documents are seen, which lead to challenges. According to the explicit text of Article 28 of the Constitution, every person, both men and women, has the right to work, and of course, his work should not be in conflict with the Islamic Sharia and the laws of the country. Therefore, the purpose of writing the following article is to examine the equality of men and women in employment rights in an analytical and descriptive way, and we have found that, due to the acceptance of equality and equality of men and women in employment rights, there are no consistent laws in Iranian law, and this issue compels the executive and legislature to establish regulations and special laws in this regard, and in some ways,

Highlights

Summary of the article: Investigating the equality of men and women in employment rights

 

Equality in the rights of men and women, including equality in employment and employment issues, is one of the most important issues that is always the concern of policymakers and statesmen. Each country enacts different laws according to the importance given to women's employment and equality in labor rights. In this article, the importance of equality between men and women in employment rights in Iranian law is examined. The issue of equality between women and men in the employment debate is a very important principle in Iranian law, unfortunately, there are no comprehensive and complete laws with a guarantee of effective implementation in this field. Currently, a significant part of the employees of the offices are women, and there are various regulations in line with the right to employment. There are women, such as Article 1117 of the Civil Code, which states that the husband has the authority to prohibit the wife from engaging in a job that violates chastity, or Article 32 of the Army Law approved in 1366, Article 20 of the Army Employment Regulations Law approved of 1370, Article 20 of the Law on the Employment Regulations of the Police Force regarding the right to employment of women. has mentioned

But the issue is, what is the government's role in granting employment under employment regulations and what is the guarantee of implementation in this regard in Iran's laws?

 The legislative and executive weakness of Iran compared to other international documents is visible in the constitutions, various principles have been explained in line with the equality of the rights of men and women. They are subject to the law and have all human, political, economic, social, and cultural rights in compliance with Islamic standards. In principle 21, it is also stated that "the government is obliged to guarantee women's rights in all respects in accordance with Islamic standards, to do the following things, to create favorable conditions for the development of a woman's personality and to restore her material and spiritual rights and....... »

Article 28 of the Constitution states that "the government is obliged to provide all citizens, both men and women, with the opportunity to work and equal conditions for obtaining a job, in compliance with social needs."

In the Constitution of Iran and the Labor Law, in the discussion of women's employment, attention has been paid to protective regulations, such as the prohibition of women's night work, only in order to facilitate women's work, but no attention has been paid to giving more opportunities to women and increasing them in the total workforce, health protection Working women in front of the effects of working in hard, dangerous and harmful jobs, etc. In general, the government of Iran does not have a policy on granting equal opportunities to women and ethnic and religious minorities. Article 54 of the Labor Law deals with holding periodical tests, appointing the minimum possible number of managers outside the management hierarchy, and creating a competitive environment, etc.

All the administrative laws of Iran are confused in many cases due to the dispersion of laws and in some cases the laws do not have the ability to determine the judgment of claims.

Based on what was mentioned, these principles and laws after the Islamic revolution, many legal developments have been carried out with the aim of restoring women's rights, but the important criticism regarding the equality of employment rights is that there are no suitable implementation grounds and guarantees in order to achieve equality in the right to employment and employment of women. And men are not seen in Iranian law.

Keywords
Subjects

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Volume 6, Issue 20
Sixth year, 20th issue, ّFall 2024
Autumn 2024
Pages 195-222

  • Receive Date 13 September 2023
  • Revise Date 09 October 2023
  • Accept Date 21 November 2023