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

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Document Type : Research Paper

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Department of Human Rights and Environmental Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

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 recognized formally 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 for using public places have led them to be marginalized and deprived of some of their rights. On the other hand, none of the international and regional human rights documents have explicitly mentioned them. But, it seems that by taking human rights approach to this phenomenon, it would be possible to protect them in two ways under the human rights mechanisms: supposing them as disabled, or categorizing them as vulnerable groups. In this study, by applying of these two hypotheses, we have investigated their rights to health, social security, and using public places. Then, in order for fulfillment of them from aforementioned rights, we have proposed some policy-making, legal, and social strategies which are technically understood as State’s and other actor’s obligations.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 23 August 2024

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