Introduction
The human rights paradigm has a vision beyond the social attitude towards persons with disabilities. This paradigm emphasizes the human dignity of individuals and considers all human beings to have the same and equal rights regardless of disability[1]. In addition to the general international human rights documents that generally consider all people to have the same fundamental rights, the United Nations Convention on the Rights of Persons with Disabilities, as the most important international document, emphasizes the equal rights of persons with disabilities with others[2]. Looking at the first article of the convention above and the definitions presented based on human and social rights approaches, persons with disabilities are those who have long-term physical, mental, intellectual, or sensory injuries that can hinder their interactions in the social environment on an equal basis with others. This article examines the current situation of the rights of persons with disabilities or persons with disabilities in the Islamic Republic of Iran.
The approach of the legal system and laws of the Islamic Republic of Iran
According to principles 19 and 20 of the Constitution of the Islamic Republic of Iran, all people have equal rights in all fields. Under these general principles, disability and physical and mental limitations cannot be a factor to give superiority to others. On the other hand, the Islamic Republic of Iran has been a member of the Convention on the Rights of Persons with Disabilities since 2009 and has committed itself to implementing the provisions of this convention[3].
Iran’s first comprehensive law for the rights of persons with disabilities was approved in 2004, and the efforts of non-governmental organizations for persons with disabilities are important for its formation[4]. In 2018, a law entitled the Protection of the Rights of the Disabled was approved[5]; This new law led to the repeal of the 2004 law.
This law addressed the protection of the rights of persons with disabilities in different sections of life issues of persons with disabilities, such as their accessibility and mobility, health and rehabilitation services, sports, cultural and artistic affairs, employment, education, housing, promotion of public awareness, social facilities, judicial and administrative support and even allocation of financial resources. This law can be considered an important achievement in the legislative system of the Islamic Republic of Iran, which was formed according to the provisions of the Convention on the Rights of Persons with Disabilities and models approved by the United Nations.
Objective situation
Regarding the observance of the rights of Iranians with disabilities, there are some positive and some negative points in the performance of the Islamic Republic of Iran system. For example, in the category of sports, the existence of sports federations for athletes with disabilities and their presence in numerous competitions shows their freedom over professional sports activities and championships. Still, the lack of significant material support and even the lack of provision of some necessary facilities for them is considered a negative aspect. Also, in Iran, measures have been taken to facilitate the access of persons with disabilities to public transportation and improve their commuting conditions on public roads by relevant institutions, including municipalities.
The latest official and approved statistics show that health and medical services for persons with disabilities are favorable. According to the third round of Iran’s interim report to the United Nations Human Rights Council’s Universal Periodic Review (UPR), in 2019, about 1,752,111 persons with disabilities were covered by the State Welfare Organization of Iran. According to the same report, significant health and medical services have been provided to persons with disabilities; For example, in 2019, 2,685 deaf children needed cochlear implants, and in the first six months of 2014, 3,333 people from this group were helped. Also, rehabilitation aids were provided to 122,000 persons with disabilities in 1399 and 121,248 people in the first 6 months of 1400. These statistics show the will to advance human rights in the right to health and access to medical facilities for persons with disabilities.
Regarding civil and political freedoms, positive and defensible points can be seen. Persons with disabilities do not have any restrictions on the establishment and membership of non-governmental and civil institutions and associations. Currently, the Iranian Society for Disabled People, as a non-governmental organization, has 47 branches throughout Iran[6]. On the other hand, private institutions and charities that support persons with disabilities operate freely in the country. Regarding the political rights of persons with disabilities, such as the right to vote, there are no restrictions in the country.
The negative effects of unilateral sanctions on the rights of persons with disabilities in Iran
One of the most important effects of unilateral and extra-territorial sanctions against countries is the lack of proper observance of humanitarian principles. One of the examples of this issue is the difficulty in transporting essential medicines and food to the target country of the sanctions. Perhaps the Islamic Republic of Iran is the biggest victim of this negative effect of unilateral sanctions.
The report of Alena Dohan[7], the UN Special Rapporteur in 2022, contains facts about the impact of these sanctions. Sanctions have faced Iran with economic crises, and in this regard, persons with disabilities have faced livelihood problems in access to necessary services and facilities. One of the examples of these problems is the high price of wheelchairs for persons with disabilities. Also, the lack of special medicines for persons with disabilities with rare diseases, which are usually produced by foreign companies, has been one of the consequences of unilateral sanctions[8]. According to this report, as a result of the non-availability of certain medicines or their late transfer to the country, their high costs, and also the unwillingness of foreign suppliers of these medicines, have led to significant harm to this group and even the death of some of them[9].
[1]. Theresia Degener and Marité Decker, ‘Disabled People, Non- Discrimination of’ (May 2019), In Professor Anne Peters and Professor Rüdiger Wolfrum (eds), Max Planck Encyclopedia of Public International Law (online edn), para.6
[2]. Convention on the Rights of Persons with Disabilities 2006, Article 1
[3]. See, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=iv-15&chapter=4&clang=_en (Last Visit on March 1, 2024)
[4]. Azita Jalili, “An analysis of the law on the protection of the rights of disabled persons approved in 2013 and its executive regulations” (In Persian), [1400], Iranian disabled community, available at: https://www.iransdp.com/category/articles/ (last visit on March 1, 2024)
[5]. https://rc.majlis.ir/fa/law/show/1054682
[7]. Human Rights Council, Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Alena Douhan, visit to the Islamic Republic of Iran, (4 October 2022), A/HRC/51/33/Add.1
[8]. Ibid, para.66
[9]. Ibid, para.82
