آسیب شناسی نظام حقوقی حاکم بر مرخصی های ویژه بانوان در حقوق کار ایران در پرتوی حقوق بین الملل کار

Nowadays, women constitute a significant portion of the employed population in the country. Considering that women also play a central and essential role within the family, and that one of the most important issues they face is childbearing, employed women—particularly female workers—require special legal protections. The International Labour Organization, as the most prominent institution in the field of worker protection, has addressed the protection of women workers through the adoption of various instruments in the form of conventions and recommendations. One of the key aspects of protecting female workers is the provision of special leave entitlements for women. Given that women, during their employment period, may experience pregnancy, childbirth, breastfeeding, and child-care responsibilities, they require specific protections with respect to leave-related rights. The main question this study seeks to answer is the pathology of the legal system governing special leave for women, in light of international labor law instruments and standards. The research method adopted in this study is descriptive-analytical. The findings indicate that although recent protective legislation within the Iranian legal system—such as the Law on the Protection of the Family and Promotion of Youth Population—has introduced appropriate safeguards, the implementation of leave entitlements for women workers subject to such protective laws faces several challenges.