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“This is a caption”Hossein Ahmadi Niaz

In Iran, people with disabilities form an inseparable part of Iranian society, but unlike other citizens of this country, they do not have equal rights. This is while in the world of human rights, people with disabilities should have priority in accessing facilities and should not be subject to discrimination and inequality. The Constitution of the Islamic Republic of Iran also talks about eliminating discrimination and ensuring equality and equal access to facilities in its third and nineteenth principles, but unfortunately, this is not the case for various reasons.

Individual health is considered one of the most important components of human dignity, and the rights of persons with disabilities are also a subset of the right to health. Therefore, the right to health is recognized as one of the fundamental human rights in the international human rights system. The areas related to health are diverse and have various dimensions, which has also made it difficult to define this right. Human rights documents mainly support physical and mental health, and sometimes spiritual and social health. Governments also have specific responsibilities in relation to ensuring and guaranteeing this right. It is clear that governments cannot fully guarantee the health and well-being of individuals, but they can create conditions in which individuals are supported and able to achieve health. Paying attention to the right to health is important, and this right becomes even more significant for persons with disabilities due to their specific physical conditions. Discrimination in access to facilities or exclusion from their use, including urban facilities and public spaces, is considered a violation of the rights of persons with disabilities

Now we must see, who is considered disabled in the legal system of Iran? We see the most comprehensive and comprehensive definition in the Comprehensive Law on Protection of the Rights of Persons with Disabilities. According to the definition in Article 1 of the Comprehensive Law on Protection of the Rights of Persons with Disabilities, “a person with a disability is defined as someone who, according to the medical commission of the Welfare Organization, due to physical, mental, psychological or combined injury, has a continuous and significant impairment in their health and general functioning, to the extent that it reduces their independence in social and economic areas.” Also, according to the executive guidelines for determining disability, approved by the Council of Managers of the Deputy for Empowerment of the Country – which was approved and communicated in accordance with the provisions of Article 1 of the executive guidelines for the formation and description of the duties of medical commissions for determining disability, approved by the Council of Deputies of the Welfare Organization of the Country – “disability

The special physical and mental conditions of the disabled have led to this group becoming a deserving minority in need of attention and fair treatment. Numerous efforts have been made, both generally and specifically, at various levels to uphold their rights and freedoms. On one hand, the rights and freedoms and support mentioned in documents such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and many other human rights documents also apply to disabled individuals in light of principles such as human dignity, equality, and non-discrimination. On the other hand, efforts have been made to specifically protect the rights of the disabled in documents such as the Declaration on the Rights of Persons with Disabilities, Economic and Social Council Resolution 1921 on the prevention of disability and rehabilitation of the disabled, and the Declaration on the Rights of Mentally Retarded Persons by the United Nations General Assembly.

Furthermore, in continuation of international efforts to support the rights of persons with disabilities and create suitable conditions for them to enjoy their fundamental rights and freedoms, the “Standard Rules on the Equalization of Opportunities for Persons with Disabilities” were adopted by the United Nations General Assembly in resolution 96/48 in 1993. Alongside these, there are other important human rights documents that have specifically emphasized the rights of persons with disabilities while also recognizing and protecting the rights of all individuals. The Convention on the Rights of the Child, in articles 23 and 39, pays special attention to the situation of children with disabilities. Article 23 states: “States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.” Article 2 of the Convention also refers to the principle of non-discrimination against children with disabilities and declares: “States Parties shall take all appropriate measures

The United Nations, in continuation of its activities regarding persons with disabilities, named the period between 1983 and 1992 the “Decade of Disabled Persons”. On December 16, 1992, the General Assembly requested that every year on the third of December (the anniversary of the adoption of the World Programme of Action in 1982) be designated as the “International Day of Persons with Disabilities”. The end of the International Decade of Disabled Persons coincided with the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities on December 20, 1993.

These rules are also considered as important documents supporting individuals with disabilities alongside the global action plan, which has provided appropriate solutions for improving the situation of disabled individuals in societies and offered them to governments. Finally, the adoption of the Convention on the Rights of Persons with Disabilities in 2006 can be considered as the latest milestone of the international community in this regard.

In Iran, after many struggles and obstacles, the comprehensive law supporting the rights of disabled individuals was finally passed by the Islamic Consultative Assembly and approved by the Guardian Council on 2/16/1383. This law is comprehensive, but it also has its shortcomings. The most important flaw of this law is the lack of budget, infrastructure, and necessary conditions for its implementation. For example, Iranian municipalities lack a specific approach to implementing these obligations. Just a brief look at the disabled individuals in Iran, even during the eight years of the Iran-Iraq war and its consequences such as the presence of landmines that have resulted in a significant increase in disabled individuals in Iran, has not been enough for Iranian municipalities to pay sufficient attention to the rights of disabled individuals when constructing facilities and buildings. The major problem we have in Iran is that we have laws, but these laws are not implemented in a timely manner, and there is no obligation or provision for making these laws universal or providing the necessary

The reality of the problem is that people with disabilities in Iran face a great deal of discrimination and inequality, due to the lack of necessary infrastructure to implement the recently approved law and the lack of necessary funding and resources in this area. This has led to multiple forms of discrimination against them. This is while the Iranian government, both internationally and domestically, has obligations and commitments to uphold the rights of people with disabilities according to international and domestic laws, but unfortunately, these obligations are often overlooked. The existing economic, social, and political crisis in Iran, including high prices, inflation, unemployment, social abnormalities, and injustices, and the lack of a culture of respect and consideration for the rights of people with disabilities, have resulted in this widespread level of oppression and discrimination against them. The comprehensive law on the rights of people with disabilities is appropriate, but without the necessary support and willpower, it does not have a significant impact on improving their rights. What is important is the practical elimination of discrimination and