Consideration of Exercising Positive Ddiscirimination for Woman's Right to Hold Management Positions in the Legal System of Iran

The right to hold managment positions is an example of citizenship rights that plays an important role in furtherance political partnership and decision making of the citizens of a society. This right is mentioned in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and several articles of the legal system of Iran and emphasizing its exercise without regard to discrimination, including gender discrimination. In the past, in many societies of the world, women were not given such a right and women had no role in governing society. Therefore, in modern world, many countries for elimination this inequality and to take advantage of the potency of women and their participation as half of society, apply to remedial actions such as allocation a certain quota for women in management positions. These actions are defined under the concept of "Positive Discrimination" or "Affirmative Action". Therefore, in order to achieve gender justice, the High Council of administrative ncil, in a approved in 1396, allocated 30% of managment positions to women and, in addition to other privileges, gave priority to women and youth in holding these positions. . Recently, the General Board of Administrative Justice Court annulled the approved by invoking to law related merit selection. This article in an analytical-descriptive manner, tries to considerate the conditions and challenges of exercising positive discrimination regarding this right while protecting other citizenship rights and principle of merit selection.