Document Type : Research Article

Author

Assistant Professor of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran.

Abstract

From time immemorial, “sexual minorities” have been a reality in human societies. In the field of law, in the light of human rights developments, this “old” category has become a “new” issue. In the modern sense, law seeks to create a space for human “founders”, including “sexual minorities”. Among the rights of these minorities is their “employment rights” discussed in this article and using the research method: descriptive-analytical, such a conclusion has been reached, first; The view of the Iranian legal system regarding sexual minorities is not one of “absolute acceptance or rejection” of their rights. Second; No employment document specifies whether such citizens are prohibited or allowed to be employed. Third; According to general legal documents, some sexual minorities, homosexuals, are sentenced to “death” according to religious rulings and under certain conditions. Therefore, they cannot be offered employment rights. Fourth; The Iranian legal system among sexual minorities only has a relatively positive view of the transsexuals and the legal documents do not prohibit them in terms of employment. Fifth; From a human rights perspective, the direct and indirect restrictions and prohibitions imposed on sexual minorities in the Iranian legal system are a serious challenge today.

Keywords

  1. A) Books & Articles

     

    1. Ashourii, Daryoush (1994). Political Encyclopedia, 6th Editions, Tehran: Morvariid Publications.  [In Persian]
    2. Castles, Stephen and Alastair Davidson (2004). Citizenship and Migration: Globalization and the Politics of Belonging, Translated by: Faramarz Tagiloo, Tehran: Research Institute for Strategic Studies. [In Persian]
    3. Chevallier, Jacques (2017). Post-modern State, Translated by: Seyed Mojtaba Vaezii, Tehran, Majd Publications. [In Persian]
    4. Gaille-Nikodimov, Marie (2020). The Citizen Introduction Choice of Texts, Translated by: Abbas Bagherii, Tehran: Farzan e Rouz Publications. [In Persian]
    5. Ghari Seyed Fatemi, Seyed Mohamad (2008). “Discourse Transformation: The Rights and Freedoms of the Disabled in the Mirror of Contemporary Human Rights”, Quarterly Journal of Legal Research, No. 13, pp. 185-208. [In Persian]
    6. Ghari Seyed Fatemi, Seyed Mohamad, (2001). “Analysis of Key Concepts of Contemporary Human Rights: Right, Commitment, Freedom, Equality and Justice”, Legal Research Quarterly, No. 33 & 34, pp: 209-265. [In Persian]
    7. Heywood, Andrew (2004). Political Theory: An Introduction, Translated by: Abalrahman Alem, 3rd ed., Tehran: Goumes Publications. [In Persian]
    8. Kant, Immanuel (2019). Philosophy of Virtue, Translated by: Manouchehr Saneii Daryabandari, Tehran: Nagsh O Neghar Publications. [In Persian]
    9. Malberg, carre de, (1920). Participation a La Theorie Generale de L’Etat, Vol. 1, Paris: Dalloz.
    10. Mogadas Ardabilii. (N.D.). Zobdato-al-Bayan fee Ahkamel-al-Ghoran, Vol.1, Tehran: Al-maktabato Al-mortazaviat Le Ehya Al-asar Al-jafariat. [In Arabic]
    11. Nash, Kate (2009). “Between Citizenship and Human Right”, Sociology December, Vol. 43, No. 6, pp. 1067-1083.
    12. Richardson, Justin. (1999). “Response: Finding the Disorder in Gender Identity Disorder”, Harvard Review of Psychiatry, Vol. 7, Issue 1, pp. 43-50.

     

    B) Documents

     

    1. Civil Employment Law, 1966. [In Persian]
    2. Civil Service Management Law, 2007. [In Persian]
    3. Family Protection Law, 2012. [In Persian]
    4. International Convent on Economic, Social and Cultural Rights, 1966.
    5. International Covenant on Civil and Political Rights,1966.
    6. Islamic Penal Code, 2013. [In Persian]
    7. Law on Administrative Violations, 1992. [In Persian]
    8. The Executive Regulations of the National Selection Law, 1998. [In Persian]
    9. The Law of Extension of the Law on Selection of Teachers and Education Staff to Employees of Other Ministries, Organizations, Institutions and Governmental Companies, 1996. [In Persian]

     

    C) Websites

     

    1. “Androgyny”, last visited: 8/16/2020. https://www.merriam-webster.com/dictionary/androgyny.

     

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