چکیده:
The people with visual impariments are an important part of the society. Their special condition requires them to have special civil rights in addition of their general civil rights. Human dignity and positive discrimination can be the fundamentals of law to support the blinds rights which the roots of these principles can be found in religious precepts and fundamentals of legal laws. In this study we are going to achieve a desirable model of legal system to support the blinds in addition to the privileges and rights that citizens generally have; which, on one hand, this model can illustrate the harms, disadvantages and defects of the existing legal system in support of the people with visual impariments, and on the other hand, it can show the desirable horizon of these rights. Dispersal of supportive rules, deficiency of executive dysfunction, lack of guarantee of proper performance in enforcing legal rules, lack of effective participation of the people with visual impariments from the codification to legislation of laws and lack of using NGOs for people with visual impairments in the field of making and enforcing the law are the most important bugs and disadvantages of the existing legal system. In addition, the appropriate model should be drawn at three levels: structural, normative and behavioral level so that lead to an effective, efficient and transparent legal system.
خلاصه ماشینی:
Research conducted in recent years in the field of disabilities has often examined the situation of this part of society in a general and broad way; While in relation to the blind, apart from three dissertations, namely “The Rights of the Blind and Visually Impaired in International Human Rights Documents and Iranian Domestic Laws” written by Shahre Tabibian, and “The Legal Effects of Iran's Accession to the Marrakech Treaty on the Protection of the Blind” written by Sadegh Yazdani, and the dissertation “The Optimal Model of a Supportive Legal System for the Blind in Iran” written by Zahra Abedini, no other prominent research can be found.
According to Note 2 of Article One of the Law of Accession to the Convention on the Rights of Persons with Disabilities, the Islamic Republic of Iran does not consider itself obliged to comply with those provisions of the Convention that are contrary to its current legal provisions, and such a very vague and general condition has not specified the scope of implementation of the Convention and will prevent the realization of the aforementioned rights for people with visual impairments in Iran (Moradzadeh, 1395: 175); So that, in recent years, the most basic rights foreseen for people with visual impairments in the Convention, such as the right to employment, the right to recreation and leisure, the right to participate in political life, and the creation of an accessible environment for this part of society, have not been realized, and the blind in Iran have always faced more challenges than their counterparts in countries acceding to the Convention in order to actively participate in various affairs.