Protecting the right to fertility of women with disabilities in the Iranian legal system and international instruments

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Islamic Law, Bu Ali Sina University, Hamadan, Iran Vice Chancellor for Research of the Sisters Seminary of Qom Province

2 Assistant Professor of Theology, Bu Ali Sina University, Hamadan, Iran

Abstract

Following Iran's accession to the Convention on the Rights of Persons with Disabilities in 2008, the Government of Iran has made international obligations to protect persons with disabilities, including the protection of the fertility of persons with disabilities.In the implementation of the mentioned obligations, ambiguities and questions are raised in the field of the scope of rights that can be protected in this field and its jurisprudential and legal bases.The present article examines the obligations of the Islamic Republic of Iran regarding the reproductive rights of women with disabilities from the perspective of international law and domestic law with a comparative approach between international instruments and domestic law (such as the Law on the Protection of the Rights of Persons with Disabilities, Family Law). ) And Imami jurisprudence. The results indicate that marriage and fertility are recognized in international law as "right" for persons with disabilities, and that the government is obliged to provide the necessary means to exercise these rights; But the legislature has ruled in the Family Protection Act that where a genetic defect in a disabled parent leads to fetal harm.This is while the jurisprudential principles are based on the Islamic incentive policy regarding procreation and childbearing as the most important function of marriage, including people with disabilities, and according to their first sentence, the right to marry and start a family and consequently fertility are not prohibited, and can not Without justifiable reason and relying only on physical disorders and disabilities, the ruling to abolish the right of reproduction for people with disabilities was issued and in accordance with jurisprudential rules such as public interest, repelling potential harm and attention to causes and affairs in the creation, government intervention should be to promote Services, supervision and health for the general public and prohibit generation despite conditions.

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