Evaluation of State’s Obligations Towards the Right to Health, Social Security, and Using Public Places of Short-Stature Persons

Document Type : Research Paper

Authors

1 Associate Prof. Human Rights Law & Environmental Law Department, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 M.A. in Human Rights Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

Introduction
Being of short stature is a genetic disorder, the causes of which are classified in the subgroup of rare diseases, and the World Health Organization's specific definition of disability implies it. Nonetheless, short-stature persons have not been formally recognized as disabled in Iran up until today. This lack of identification, along with a failure to pay appropriate attention to their problems and special needs regarding the right to health, the right to social security, and the right to use public places, has led them to be marginalized and deprived of some of their rights. Additionally, as part of a vulnerable group in society, these individuals face extra challenges that are rarely addressed. Furthermore, the human rights conditions of short-stature persons in Iran have not been researched as thoroughly as they deserve, and they have seldom been investigated from a medical or social perspective. The international situation is almost the same, although relatively better. Therefore, a solution is needed within the framework of law, defining obligations for governments and other actors to fulfill their rights.
Methods
Two key questions are addressed in this article:

A) Considering the protective mechanisms of human rights, related documents, and domestic laws of various countries, how can the rights of short-stature persons be fulfilled, and are current obligations sufficient for this purpose?
B) What challenges do short-stature persons face that prevent them from fully enjoying their human rights?

Following an analytical-descriptive research approach and gathering data through direct reference to library resources—both physically and online—we have examined appropriate responses to these questions. Subsequently, we have proposed policy-making, legal, and social strategies that are technically understood as the obligations of the state and other actors.
Results
A significant number of short-stature persons in Iran struggle with challenges related to medical insurance, social security services, and finding appropriate employment. Even some of them, despite having an academic education or skills in sports, arts, and other fields, are deprived of pursuing their interests and securing suitable jobs due to their physical conditions. Another considerable challenge they continuously face is the inadaptability of public facilities, spaces, and transportation systems to their physical condition. In most cases, they cannot use these facilities, which further marginalizes them. Although some effective measures have been implemented to adapt public places and urban areas (such as ATMs), the need for greater compatibility remains. Providing accessible public transportation for short-stature persons is another necessity.
Additionally, short-stature persons experience considerable discrimination and neglect, sometimes accompanied by ridicule, humiliation, or stigmatizing attitudes, which exclude them from social participation. Moreover, regarding marriage and family foundation support, they require substantial assistance from the government and other institutions, including specific medical support. Engaging the academic community in addressing various aspects of the human rights challenges faced by short-stature persons could significantly contribute to fulfilling their rights.
Conclusions
Although none of the international or regional human rights documents explicitly mention short-stature persons, it seems possible to protect them under human rights mechanisms b y adopting a human rights-based approach in two ways: recognizing them as disabled or categorizing them as a vulnerable group. This proposal holds dual importance—it can improve their social integration and realize their "right to be recognized" as individuals requiring special attention from the state, social organizations, and the private sector. In this sense, it highlights the state’s obligations toward these persons more prominently, provided there is sufficient determination and monitoring systems to implement these obligations.

Keywords

Main Subjects

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