چکیده:
The legal challenge in guaranteeing the right to employment of persons with disabilities in the Iranian legal system depends on the correct interpretation of Clause (z) of Article 42 of the Civil Service Management Law and Article 7 of the Comprehensive Law for the Protection of the Rights of Persons with Disabilities. Some executive agencies, including the Ministry of Education, have made decisions through an improper interpretation of the relevant laws that conflict with the right to employment stipulated in the Convention on the Rights of Persons with Disabilities, passed by the Islamic Consultative Assembly in 2008, which has led to the issuance of unity of precedent rulings and the annulment of circulars by the General Board of the Court of Administrative Justice. In response to the question: what are the dimensions of the right to employment within the system of Iranian administrative laws and regulations, and to what extent has the judicial practice of the General Board of the Court of Administrative Justice guaranteed this right? The acceptable view of this authority emphasizes the mandatory nature of Article 7 of the Comprehensive Law and provides a method based on the direct obligation of executive agencies to allocate quotas to persons with disabilities.
خلاصه ماشینی:
The Right to Employment of Persons with Disabilities in Iran's Executive Agencies With an emphasis on a case study of the rulings of the General Board of the Court of Administrative Justice 2 Khayrollah Parvin 1; Masoud Hasanabadi / Date of Receipt: 2018/06/10 Abstract Date of Acceptance: 2019/01/28 The legal challenge in guaranteeing the right to employment of persons with disabilities in the Iranian legal system lies in the correct interpretation of Clause (z) of Article 42 of the Civil Service Management Law and Article 7 of the Comprehensive Law for the Protection of the Rights of Persons with Disabilities.
Some executive agencies, including the Ministry of Education, through an improper interpretation of the relevant laws, have made decisions contrary to the right to employment stipulated in the Convention on the Rights of Persons with Disabilities, approved by the Islamic Consultative Assembly in 2008, which has led to the issuance of uniform precedent rulings and the annulment of circulars by the General Board of the Court of Administrative Justice.
As previously mentioned, the condition of physical and mental health in the recruitment advertisement of the Ministry of Education was announced based on clause (z) of Article 42 of the Civil Service Management Law, but it seems that this Ministry's interpretation of the condition is contrary to the literal meaning of this article, the executive regulations, and the Convention on the Rights of Persons with Disabilities.
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