This is a picture of a beautiful flower.
Mohammad Mohabbie

According to international statistics, on average, 5 to 12 percent of the world’s population consists of people with disabilities. Article 1 of the “International Convention on the Rights of Persons with Disabilities” defines persons with disabilities as follows: “Persons with disabilities are those who have long-term physical, mental or sensory impairments and may face barriers that hinder their full and effective participation on an equal basis with others.”

The principles of philosophy of law, especially natural law and contractual law, consider humans and citizens to have inherent rights. As Samuel von Pufendorf, an 18th century English jurist, stated, the rights of humans are not dependent on any condition; this means that humans and citizens have specific natural and contractual rights without any conditions, and no condition, whether it be nationality, race, language, belief, skin color, or physical status, can justify the violation of someone’s rights. The violation of rights, whether intentional or unintentional, is condemned and unacceptable. Intentional violation of rights means that an institution or individual deliberately and forcefully deprives someone of their rights. Unintentional violation of rights is when an institution fails to provide a citizen with the opportunity to enjoy their rights. The violation of rights of disabled individuals is a form of unintentional violation. However, some governments intentionally violate these rights, but the majority of violations of citizens’ rights with disabilities occur due

Citizens with disabilities, like other citizens, should have access to their natural and contractual rights, and physical disability should not deprive them of their rights. People with disabilities should be able to use public transportation like other citizens. They should have easy access to universities, administrative centers, shopping malls, parks, cinemas, etc. And since disability prevents them from using public facilities like healthy citizens, the government has a duty to provide facilities in public places, according to the principle of “compensatory rights”, so that people with disabilities can easily participate in society and move around to different places. This duty of the government is not only based on natural rights, but also on moral and human principles and the principle of “justice and fairness”. People with disabilities are also citizens of the country and, like others, should benefit from the resources of their homeland.

In addition to legal, ethical, human rights, justice and fairness principles, the need for appropriate accommodation for people with disabilities has been emphasized in both domestic and international laws. In 2003, on the last days of the sixth parliament, a law titled “Comprehensive Law for the Protection of Persons with Disabilities” was passed, consisting of 16 articles. This law is now one of the most important disability protection laws in Iran, but unfortunately, many of its provisions are not fully implemented due to lack of adequate budget allocation. In fact, government institutions in Iran have never fully adhered to this law and have not provided the necessary facilities for accommodating people with disabilities. The main reason for the lack of implementation of this law – in addition to administrative corruption in government institutions in Iran – is that these institutions view public services as a commercial entity rather than a human right. In other words, they expect to profit from providing social services. Since accommodating people with disabilities and providing them with comfortable access to

Despite the incomplete implementation of the mentioned law, in 2008, with the efforts of active members of civil society organizations, the parliament officially approved Iran’s membership in the International Convention on the Rights of Persons with Disabilities, and Iran became a member of this convention. According to Article 9 of the Iranian Civil Code, treaties and contracts that Iran enters into with other countries or international organizations and becomes a party to, have the force of domestic law, meaning that currently the International Convention on the Rights of Persons with Disabilities is binding under domestic laws. Therefore, the government is obligated to implement it.

In the International Convention on the Rights of Persons with Disabilities, member states have committed to:

1- Recognizing and ensuring the basic human rights and freedoms of people with disabilities without any discrimination based on disability, and developing them.

For this purpose, member governments commit to:

a) In order to establish all recognized rights in this convention, they should adopt all legislative and managerial actions and other appropriate measures.

b) Appropriate measures include legislation to amend or repeal laws, regulations, customs, and discriminatory practices against people with disabilities.

In all policies and programs, consider supporting and expanding the rights of people with disabilities.

D) Refrain from all actions and behaviors that are contrary to the Convention and ensure that holders of social positions and institutions act in accordance with the current Convention.

They should take all appropriate measures to eliminate disability-based discrimination carried out by any individual, organization, or private sector.

And) Research and improvement of tools, services, equipment, and facilities – which according to Article 2 of this convention require minimum compliance and the least necessary cost to meet the needs of persons with disabilities – in order to improve access and utilization of them and to enhance comprehensive design in the development of standards and policies, shall be adopted or developed.

b) Developing research and improving access to and utilization of new technologies, including information and communication technologies, mobility aids, assistive technologies suitable for disabilities, and prioritizing affordable and accessible technologies.

(H) Provision of accessible information for people with disabilities about mobility aids and assistive technologies, including new technologies and other types of assistive facilities and support services.

(a) Improving the level of education for specialists and employees working with people with disabilities; in order to provide more assistance in recognizing the existing rights of this convention and the services guaranteed by these rights.

2- Each state must, with the maximum available and accessible resources, take actions in the form of international cooperation if necessary, to fully identify these rights without prejudice regarding the obligations of the convention, taking into account economic, social, and cultural rights and with the aim of achieving these rights quickly based on enforceable international laws.

3- Member states should consult with persons with disabilities, including disabled children, through their representative organizations in the development and implementation of legislation and policies for the implementation of this convention and in decision-making processes related to persons with disabilities.

4- Nothing in the current convention should affect laws that pave the way for recognizing the rights of persons with disabilities and may be included in the laws of a country or international laws necessary for that country. No restrictions or cancellations should be imposed on recognized or existing fundamental human rights in member states of the convention, conventions, regulations, or draft laws under the title that the current convention does not recognize these rights or considers them less important.

Adapting the urban environment for people with disabilities is of vital importance, but unfortunately, in the field of urban management in Iran, there is a great deal of neglect towards this issue. Urban management should incorporate places for physical and mobility-impaired individuals in order to promote peace, safety, and well-being. This requires innovative and creative planning in urban matters. Essentially, the development of any country depends on utilizing the maximum potential of its human resources, capabilities, and talents of each individual in society. Developing countries include more than two-thirds of people with disabilities, and Iran is also among these countries. The participation of individuals in various aspects of society is necessary for their contribution to the development of the country. People with disabilities should have access to facilities that motivate them to participate in society. These facilities can include urban amenities or psychological and mental support. The gap between people with disabilities and progress should be minimized so that their capabilities can be utilized for the advancement of the country, and on the other hand

It seems more appropriate to change the dominant views on urban management and improve attitudes towards people with disabilities, instead of designing special parks, residential areas, or health services for them, to design a city from the beginning where all groups, including people with disabilities, the elderly, and the healthy, can use the city’s facilities fairly and justly, and have access to all urban facilities and equipment so that they can have equal opportunities as others to develop and showcase their talents, abilities, and achieve their dreams. Undoubtedly, adopting such an approach in a result-oriented process will benefit society and lead to better and more appropriate management. This will not be achieved unless fair laws and regulations are passed and supported, and there is a commitment to precise and scientific planning and awareness of the needs and desires, and most importantly, attention to the human dignity of the diverse community of people with disabilities.

Sources:

1. Hosseini Nasab, Ismail, Collection of International Laws and Regulations related to Citizenship Rights, Tehran, United Nations Office in Tehran, 1396.

2. Shirzad, Zahra, The Position of Disabled People’s Rights in the Field of Urban Law, Strategic Policy Studies Quarterly, Volume 8, Number 26, Spring 1397.

3. Moghadadi, Mohammad Mehdi, Supporting Individuals with Disabilities: A Jurisprudential and Reflective Approach in the Comprehensive Law for the Protection of the Rights of Persons with Disabilities, Journal of Religious and Legal Studies, Issue 13, Fall 1396.