National Law
The constitution of Iran does not include any explicit reference to persons with disabilities, although it states that “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.” [222] The constitution also guarantees social pensions to every person. This covers retirement, unemployment, old age, loss of working capability, accidents, and events giving rise to the need for health services and medical care and treatment, through insurance or other means. The government should provide these services and support for every individual in the country.
In May 2004, the adoption of the Comprehensive Law to Protect Disabled Persons was a turning point for the disability movement in Iran. This legislation guarantees fundamental rights and privileges for persons with disabilities in areas such as accessibility, education, rehabilitation, and employment. However, the legislation contains no disability-based discrimination clause, and does not refer to basic rights such as legal capacity or freedom from violence and abuse. The law requires “all ministries, government organizations, and public and revolutionary institutions to design, produce and construct public buildings and facilities, roads and service equipment in a way that disabled persons can use them as other people do.”[223] Regulations developed after the law require all government bodies to ensure that thirty percent of their buildings and facilities are made accessible annually.[224]Municipalities must also ensure that all new buildings, roads and facilities fulfill accessibility requirements.[225]
The 2016 Charter on Citizenry Rights, which largely reiterates rights and protections that exist in Iran’s constitution and domestic laws, includes references to persons with disabilities, including that citizens with disabilities have the right to enjoy treatment and rehabilitative facilities to achieve independent living and participation in different aspects of life. It also recognizes the rights of war veterans and their families to enjoy special measures. The charter also states: “Any inappropriate discrimination against citizens in accessing public services such as health care services, employment and education opportunities is prohibited. The state must refrain from conducting any decision or measure that would lead to social class distancing and inappropriate discrimination and deprivation from citizenry rights.” [226]
The Law on Criminal Procedure provides that NGOs, including those whose mandate is to protect the rights of “patients and mentally or physically disabled,” can file complaints on behalf of them regarding the crimes committed in their jurisdiction and participate in all stages of the hearing to provide evidence.[229]
