The approach of Iranian law to accepting and acceding to the International Convention on the Elimination of All Forms of Discrimination against Women

Subject Areas : International Legal Research

fatemeh asybar ¹ ( PhD Student in Private Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran )
saleh yamerli ² ( Faculty member and assistant professor of theology, Gonbad Kavous University, Gonbad, Iran (Corresponding author) )
majid safavi ³ ( Assistant Professor of Law, Faculty of Humanities and Social Sciences, Golestan University, Gorgan, Iran )
علی اکبر esmaeile ⁴ ( استادیار گروه حقوق، واحدگرگان، دانشگاه آزاد اسلامی، گرگان، ایران. نویسنده مسئول. رایانامه: [e-mail] )

Received: 2022-01-20 Accepted : 2022-02-11 Published : 2021-12-22

Keywords: Accession, Islam, Discrimination, justice, women's rights,

Abstract :

Regarding the laws of the Islamic Republic of Iran, it should be said that they are also derived from Islamic jurisprudence. Article 4 of the constitution stipulates that all civil, partial, financial, and economic laws and regulations must be in accordance with Islamic principles. Therefore, in order to accept any new law (even in the form of accepting international treaties), those new laws must be presented in accordance with Islamic standards and set aside in case of conflict with the rules of Islamic jurisprudence. (Convention on the Elimination of All Forms of Discrimination against Women) is an international treaty to which the United Nations has strongly insisted on the accession of states. If states accede to the convention, their domestic laws will be overshadowed and governments will commit to change their laws. Since women do not enjoy a status commensurate with their dignity in the world, as well as in Islamic countries, as well as in the Islamic Republic of Iran, correcting the status of women requires a written charter in which the desired status is outlined. In this study, considering the generalities presented, we examine the effects and dimensions of Iran's accession to the Convention on the Elimination of All Forms of Discrimination against Women and describe the issue in a descriptive-analytical manner using library studies.