Document Type : Article
Authors
1 D in international law, Departmenet of law, University of Payme noor, Tehran, Iran
2 Associate Prof, Departmenetof law, University of Payme noor, Tehran, Iran.
3 Associate Prof,. Departmenetof Law, Faculty of International Relations, Ministry of Foreign Affairs. Tehran, Iran
4 Assistant Pro, Depatmentof Law, Payam Noor University. Tehran, Iran
Abstract
To elaborate the relationship between international standards of welfare and genderism, this essay examines the share of women and girls entitled to social security benefits based on value-based, and need-based cores, considering that its fair expansion protects the poor and fulfills their legitimate demands without discrimination. The present contribution will try to explain the process of transformation in the 21st century social security law, along with the generational transition, the demographic revolution, and the growth of harms that affect vulnerable people. Gender justice, despite different cultural understandings of this concept, is a basis under which the domestic policy-making process allows everyone to have equal access to opportunities in both employment-based and protection-based social security. The findings of this study indicate that the main drawback of using gender justice in social security systems is that it eliminates the difference between the disadvantaged and the lacks fair and up-to-date welfare standards.
Keywords
- A) Books
- Farastel, Katarina ; scheinin, Martin (2012) Women, ,Edited by: Eide, Asbjorn, & Rosas,Allan, ,Tehran ,Translator: Mahrou., Ghadiri, from the book (Economic, Social and Cultural Law),Majd Publications (In Persian).
- Abbasi, Bijan (2014) Basics of Public Law, Tehran, Dadgostar Publications (In Persian).
- Ahmed, Dawood & Buler, Elliot (2017), Social and economic rights ,internation IDEA Constitution-Building primer, second published , Stockholm.
- Annesley, Clair (2014), UK Austerity Policy afeminist Perspective, Friedrich ebert stiftung, www.library.fes.de/pdf-files/id/10526.pdf.
- Araghi, Ezatollah ; Ranjbarian, Amirhossein(2011) Evolution of international labour law,Tehran,kar and tamin ejtemi Publications (In Persian).
- Asian Bank (2014) Social Support Index, Translators: Hesam,Nikoopour Dilami,Vahideh,Negin, Tehran, Shalock Publications (in Persian).
- Azad Devin, Ali (2019) Guarantee of social security right in the international law system,Tehran,Shahre Danesh Publications (In Persian).
- Carreau, Dominique (2004) International Law,Tehran, Translated by:Mostafa, Taghizadeh Ansari, Dadgar Publications (In Persian).
- Cichon, Michael; Hagemejer, Krzysztof; Woodall, John (2006), Changing the paradigm in social security: From fiscal burden to investing in people, Social Security Department International Labour Office.Geneva.
- Ehrenreich, Brooks, Rosa (2002), Feminism and International Law: An Opportunityfor Transformation, Georgetown Law Faculty Publications and Other Works.https://scholarship. law.georgetown.edu/facpub/113
- Entmacher, Joan & Gallagher, Robbins, Katherine (2015), Women and social Security, Fact sheet, National womens law Centre, Washington, www.nwlc.org.
- Esmati, Zeinab (2013) Introduction to public law concepts of social security concept, Tehran, Negahban Council Research Institute (In Persian).
- Ghavam, Abodalali; Mohseni, Samira (2018) Dialogue between International Relations and International Law at the Beginning of the Third Millennium,Tehran, Mokhatab Publications (In Persian).
- Hosseini, Mohammadreza (2015) Social Security Patterns from The Islamic and Western, Qom, Hozeh and Daneshgah Institute (In Persian).
- Ishikawa, Junko ; Vekurvila, Sarosh (2011) Social dialogue on Labor Rights, Translated by:Ali, Rahmani, Tehran , Majd Publications (in Persian).
- Ja'fari, Mohammadtaghi (2011) International Human Rights, Tehran, 5th Edition, Institute for Editing and Publishing works of Allameh Jafari (In Persian).
- Kabeer, Naila (2008), Mainstreaming gender in social protection for the informal economy, common wealth secretariat, London.
- Katouzian, Naser (2013) Philosophy of Law, Tehran, 7th Edition, Publication Joint Stock Company, Vol. 1 (In Persian).
- Louis, anja (2005), Women and the law, published by tamesis, Wood bridge. website: www.boydellandbrewer.com.
- Madani Ghohfarokhi, Said (2017) Human Development Status in Iran, Tehran, Parseh Publications (In Persian).
- Manu, Philip ( 2014) Formation of welfare state and coordinated capital in Iran and Germany, Translated by :Mohammad Reza Farhadipour, ,Tehran, Publications of the Office of Social Studies of the Ministry of Cooperatives, Labor and Social Welfare (In Persian).
- Nosrati, Hossien (2008) Social Dialogue, Tehran, Institute of Labor and Social Security (In Persian).
- Office of Strategic Studies of the Presidency (2018) Gender Equity and Sustainable Development, Tehran, Publications of the Center for Strategic Studies of the Presidency (In Persian).
- Peters, Dani (2009) Social Security Introduction to Fundamental Principles , Tehran,Translators: Faraz,Firouzmandi,Samireh ,Ahmadi, Shahre Danesh Publications (In Persian).
- Samavar, Ezatollah; Abrahim Najafabadi, Azam (2015)Population and social welfare,Tehran,Elm publications (In Persian).
- Sen, Amartia (2000) Freedom&equality, Tehran, Translated by: Hasan Fesharaki, Simye Danesh Publications (In Persian).
- Sepalvedakarmona,Carmona Magdolna, Nyst, Carly(2019) Human Rights Approach to Social Support,Tehran, Translators: Mohsen,Arameshpour, Maryam, Ebrahimi, Saba Resubstall Strategic Institute (In Persian).
- Sepehri, Mohammadreza (2014) International Labor Conventions, Tehran, Institute of Labor and Social Security (In Persian).
- Sibli, M., (2015) Ideas of Political Hydrology, Tehran,Translated by: Abodulal Rahman, Alam, , Ney Publishing. (In Persian).
- STEWART ,Anna (2011), Gender, Law and Justice in a Global Market, Published in the United States of America by Cambridge University Press,New York.
- Sullivan, Barbera (2007) Carroll, Pateman:Participatory Democracy and Americanism in The Book: Liberal Democracy and its Critics, Editors: Carter, April AndUx, Jeffrey,Tehran,Translaed by: Hamid Reza, Rahmanizadeh Dehkordi, ,Tehran, Allameh Tabataba'i University Press (In Persian).
- Tajarloo, Reza (2014) Economic, Social and Cultural Law, Analysis of International and Regional Documents, Tehran, Nshre Dadgostar (In Persian).
- Taylor, Garry (2013) Ideology and Welfare ,Tehran,Translated by :Kmal,Mohagheghi, Hossien, Nosratabadi, , Jame shenasan Publications (In Persian).
- UsmanAbubakar, Musa (2018), Gender justice in Islamic law, Hart publishing,Oxford.
- Weber, Enzi (2019), Digital social security outline of a concept for the 21st century, Hans-Bockler-stiffing, Berlin.
- B) Articles
- Azerbaijani, Masoud,(2009)"Gender Equity and Women's Employment", Quarterly Journal of Strategic Studies of Women, No .46,pp.1-20 (In Persian).
- Bastani, Sousan ; Khosravi Dehaghi, Kosar (2019) "Obstacles and Challenges of Policy Making based on Gender Justice", Iranian Journal of Social, 2019, No .2, pp. 57-29 (In Persian).
- Ebadi Bashir , Maghsoud ; Mojtahedi, Mohammadreza (2020) "The Legal Nature of Working Years in Labor Relations", Journal of Public Law Studies, ,No.3, pp. 889-881 (In Persian).
- Jouannet, Emmanuelle (2007),"What is the Use of International Law? International Law as a 21st Century Guardian of Welfare", Michigan Journal of International Law, Vol. 28, Issue 4. http://repository. law.umich.edu/mjil/vol28/iss4/3,PP:817-857, pp. 817-857.
- Kadkhodaee, Abbasali ; Maqami, Amir (2016) "Analog Structure of International Law", Journal of Public Law Studies, No .3, pp. 465-489 (In Persian).
- Lotfi, Hassan (2018)"The Basis of Government Interference in Contracts: Correctional or Distributed Justice?", Journal of Public Law Studies , No .3, pp. 567-547 (In Persian).
- Mulder, Jule (2018),"promoting substantive gender equality through the law on pregnancy discrimination, matyernity and parental leave", European equality law review, Issue1/,www.equalitylaw.eu/publications/order. Pp. 39-49.
- Rea, Abada; Chiongson, Desai; Deval, Marchiori; Teresa; Woolcock, Michael (2012), "Role of law and justice in achieving gender equality ", Journal Third World Quarterly,,Vol.36, Issue 2, pp. 3-28.
- TC War wick, Ben (2015), "Socio-economic rights during economic crises: Changed approach to non-retrogression", international and comparative law quarterly, 65(01). 28October,./http://dx.doi.org/10.1017/ s00250589315000494, pp. 249-265.
- Telenson, C ,Jean ; Periscott, David (2014)"Millennium Development Aspirations", Journal of Kar and Jameh,No .177:35-37 (In Persian).
- Zamani, Ghasem., Azaddewin, Ali(2017). "The Concept and Place of Social Security Law in International Documents", Journal of medical Law, 2017,No.42, pp. 9-37 (In Persian).
- C) Documents
- Commission on the status of women, change the world ,model united Nations,2019/01/csw,www.CWMUN.ORG/WP-content/uploads/2019/01/csw-2019.pdf.
- Committee on the Elimination of Discrimination against Women, General recommendation on women’s access to justice, CEDAW/C/GC/33, 23 July 2015.
- Conference summary report .international conference, engendering social protection ,October 2012,Lusaka.
- Deputy of Cultural Social Research (2020) Investigating the current status of small social insurance funds and providing a model for organizing them, Tehran, Office of Social Studies, Research Center of The Islamic Consultative Assembly. https://rc.majlis.ir/fa/report/show/1549748 (In Persian).
- General assembly United nations Women in development, Resloution adoptedon 22DECEMBER, A/RES/70/219,15Th February2016.
- ICJ Briefing paper, International Human Rights Law and Gender Equality and Non-Discrimination Legislation, International Commission of Jurists, Geneva, April 2014.
- ILO, Global Wage ,Report 2018/19, INTERNATIONAL LABOUR OFFICE, 2018, GENEVA.
- ILO.RECOMMENDATION,NO: 202, Social Protection Floors Recommendation ,INTERNATIONAL LABOUR OFFICE, 2012, GENEVA.
- Inter national labour conference , CONVENTION no 190, CONCERNING THE ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK ADOPTED BY THE CONFERENCE AT ITS ONE HUNDRED AND EIGHTH SESSION, GENEVA, 21 JUNE 2019.
- International Labour Conference(2011) Report VI Social security for social justice and a fair globalization, 100th Session International Labour Office , ILC.100,Geneva.
- International Social Security Association(2016) Constitution,published by International Social Security Association,Geneva,www.issa.int.
- InternationalInternational Labour Organization, COVID-19 and theworld of work: Impactand policy Responses,March2020,Geneva, ilo.org/global/topics/coronavirus.
- MONTRÉAL PRINCIPLES ON WOMEN’S ECONOMIC, SOCIAL AND CULTURAL RIGHTS, December 7 – 10, 2002, https://www.refworld.org/docid/46f1462e0.html.
- Report of the world conference of the international womens year,E/CONF.66/34.1975.
- Research Council of The Institute of Higher Research (2008) Comprehensive System of Welfare and Social SecurityReal Security Report, Tehran, Institute of Social Security Research (In Persian).
- The Official Newspaper of the Islamic Republic of Iran, The Sixth Five-Year Plan for Economic, Social and Cultural Development of the Islamic Republic of Iran (No. 20995, 10/04/2017). WWW.RRK.IR (In Persian).
- United Nations Development Programme(2018)This “Gender Justice & The Law” publication , Assessment of laws affecting gender equality in the Arab States region,publication of United Nations Development Programme, UNDP,New York.
- UNITED NATIONS RESEARCH INSTITUTE FOR SOCIAL DEVELOPMENT, World Development Report 2012: Gender Equality and Development An Opportunity Both Welcome and Missed Shahra Razavi Research Coordinator,United Nations Research Institute for Social Development (UNRISD), 2012.
- United Nations, Report of the economic and social council on its,2018session,A/73/3. https://undocs.org/pdf?symbol=en/A/73/3.
)