A Comparative Study on Affirmative Discrimination in Iranian vs. Canadian Legal Systems and Human Right Documents

The execution of justice – as the final goal of every trial –cannot be realized without establishing just trials where people’s rights and freedoms are considered during the course of the proceeding. On the other hand, one of the fundamental principles of human rights is the principle of non-discrimination or equality of citizens in terms of being humans. In all documents of human rights and moral-legal teachings, discrimination has been unethical and unjustified, and the equality of individuals, regardless of their features, has been emphasized. So discrimination can be the opposite point of humane generosity. However, sometimes thanks to the very humane generosity, implementing justice can lead to the advantage or disadvantage of a certain group. Justice-demanding nature of human rights necessitates that some discriminations be occasionally made for a person or group in more unequal conditions than the others. Accordingly, it is posed in a legal paradox called “Affirmative Discrimination”.

Keywords:

Affirmative discrimination , Human Right , Iranian law , Canadian law