Investigating the right to employment of natural children and the restrictions against it based on jurisprudence and the constitution
Subject Areas :
Maryam Saadatduorabi
1
,
Seyedasgari Hoseini moghadam
2
,
Abbas Mogaddari amiri
3
1 - PhD student in private law
2 - Criminal law and criminalogy head of department. Sari Azad University
3 - Assistant Professor, Department of Private Law, Joibar, Islamic Azad University, Joibar.iran
Keywords: Discrimination, natural children, Adjudication, Right to Employment, Illegitimate child,
Abstract :
One of the fundamental rights of every person is the right to employment. This right can be examined from several perspectives. The first is the right to freely choose a job and the prohibition of forced labor. From this point of view, no one can be forced to do anything. From another point of view, the prohibition of slavery is also part of the debate on the right to freely choose a job.Non-discrimination in the selection of workers and the workforce as a whole, as well as non-discrimination in the payment of salaries and benefits, can be examined under this right. The constitution and ordinary laws, including the labor law, have dealt with this issue, and the right to choose a job and the prohibition of any discrimination have been explicitly legislated.These rights are also recognized in international documents and mentioned in the Universal Declaration of Human Rights and the Charter of Civil and Political Rights. Iran has accepted both of the aforementioned documents and is considered as one of the internal and binding regulations based on Article 9 of the Civil Code.However, there are doubts about the right of natural children regarding some jobs such as judging, imam of congregation and Friday, leadership, etc. In this research, we discuss the basis of banning the employment of natural children in these occupations and its limitations.Contrary to what has been popularized, in practice, it is rarely possible to prohibit a person from working in these jobs based
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