Allameh Tabataba’i University Strategic Recommendations for  Administrative Bodies

Allameh Tabataba’i University Strategic Recommendations for Administrative Bodies

Citizenship Rights and Women's Right to Hold Managerial Positions

Author
Department of Public and International Law, Allameh Tabataba'i University
Abstract
Women's right to hold managerial positions, as one of the dimensions of citizenship rights, is defined in connection with political rights and the principle of equal participation in decision-making processes and the administration of public affairs. An examination of legal foundations indicates that the Constitution of the Islamic Republic of Iran, by emphasizing the elimination of undue discrimination, equality before the law, and the guarantee of women's rights (Articles 3, 20, and 21), recognizes women's participation in policymaking, management, and supervision, and the Citizens' Rights Charter similarly emphasizes equal social and occupational opportunities for women in relevant articles. However, the realization of this right faces theoretical and institutional challenges, including restrictive jurisprudential interpretations regarding general guardianship (wilayat al-ammah), the historical exclusion of women from the political arena, and, most importantly, the lack of a guarantee system for citizenship rights and the absence of effective enforcement mechanisms for the provisions of the Charter. Within this framework, an analysis of jurisprudential perspectives shows that the absolute prohibition of women's political participation is not a matter of consensus, and evidence such as women's allegiance (bay'ah) to the Prophet and examples like the Queen of Sheba are cited as positive arguments for the permissibility of women holding such positions. Proposed strategies emphasize precisely clarifying the legal status of the Citizens' Rights Charter, designing executive mechanisms and reliable legal guarantees, and creating coordination among the branches of government to ensure accountability for the implementation of women's rights and to prevent the Charter from being reduced to a statement devoid of executive effect.
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