Reflection on the concept of equality in the legal system's approach to transnational documents

پژوهش‌نامه حقوق اسلامی (پیوسته)

gholamhossein lsu,n¹  abolfazl ranjbari¹  moien sabahi goraghani² 

[1] Department of Law,Najafabad Branch, Islamic Azad University, Najafabad, Iran;Department of law, najaf Abad branch, Islamiz Azad University, Najaf Abad;

关键词: equality;    non-discrimination;    employment system;    government contract;   

DOI  :  10.30497/law.2021.15110.2808

来源: DOAJ

【 摘 要 】

Citizens, regardless of their personal characteristics (such as race, gender, religion, social class, etc.) must be subject to a single legal system.modern government manages an equal society, and the members of this society must be equally obedient to universal power. Obviously, the intermediary of these relations is a law that governs the will of the public in society. The real picture of equality in the area of contract is where the equal conditions for all citizens to obtain administrative contracts are provided. Therefore, the inherent and acquired differences of citizens can not be considered an obstacle to the achievement of government contracts. In Iran, the constitution in its original principles has accepted the equality of citizens in certain ways. Therefore, the assumption of discrimination between citizens in terms of race, religion, political opinion, position, and ... is not accepted. Since this is not an area, but an allegory, this equality should be maintained in access to public services, one of the most important of which is the right to conclude and use employment contracts.The concept of equality is one of the most challenging concepts in which various definitions are given. This dichotomy and ambiguity in the concept of equality, giving a precise and balanced classification of it, also presents a problem. However, in a general division, they have divided equality into legal equality, equality of opportunity and outcome equality. the author will refer to the descriptive-analytical method to study the concept of equality in Iranian law and transnational documents.

【 授权许可】

Unknown