Public Law Studies Quarterly

A Comparative Study of the Laws of Iran and the United States Regarding the Protection of Women in the Post-War Era

Document Type : Article

Authors

Elahe Koolaee 1
Hosein Komeili Esfahani 2

1 Professor, Department of Regional Studies, Faculty of law and Political sciences, University of ‎Tehran, Tehran, Iran‎

2 Ph.‎‏ ‏D in Private Law, Faculty of law and Political sciences, University of Tehran, Tehran, Iran‎

https://doi.org/10.22059/jplsq.2021.328279.2845
Abstract
There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning for protecting them and keeping their human rights. Of course, in the domestic level, there are a process of law making and policy implementation to defend women in the time of armed conflicts and after that, especially in the process of peace keeping. The authors with a critical approach examine different policies and programs in this respect in Iran and the US and show disparity between men and women in this regard. This inequality is mainly the result of functions of social and cultural infrastructures of the societies. Although in Iran the procedures of law making has many difficulties in its nature. The main question of this paper is that: what is the impact of gender consideration in the implementation of protective rules for the people who have been engaged in different stages of the war? The authors focus on positive discrimination to reduce neglected condition of women in this respect in Iran. 

Keywords

principle of equality
positive discrimination
armed conflict
women's rights
quota
Subjects

  1. English

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Public Law Studies Quarterly
Volume 53, Issue 3 - Serial Number 35
Autumn 2023
Autumn 2023
Pages 1513-1536

  • Receive Date 13 August 2021
  • Revise Date 29 October 2021
  • Accept Date 08 December 2021

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