Privatization and Social Rights in Light of the Constitution of the Islamic Republic of Iran: An Analysis of the Requirements of the Regulatory State and Social Justice

Abstract

Privatization, as one of the most significant economic and administrative policies of recent decades, has brought about extensive transformations in the structure of public governance and the provision of public services. Although this policy has been pursued with objectives such as enhancing efficiency, reducing direct government involvement, and expanding private-sector participation, its implementation in the sphere of social rights has created substantial challenges concerning the realization of social justice and the fulfillment of governmental obligations. The principal issue addressed in the present study is the impact of privatization on the obligations of the social state within the public-law system of the Islamic Republic of Iran and the extent to which this policy complies with constitutional and human rights requirements. Using a descriptive-analytical method and drawing on library sources, domestic and international legal instruments, and an analysis of administrative practices, this study examines the effects of privatization in the areas of education, employment, health, social security, housing, and public services. The findings indicate that privatization in Iran has predominantly been implemented from an economic perspective and without the establishment of effective regulatory and social-protection mechanisms. In some instances, this has resulted in the gradual commodification of social rights, the intensification of structural inequalities, and the weakening of equality among citizens. According to the findings, the legitimacy of privatization within Iran’s public-law system depends on the establishment of a “regulatory state” model, the mandatory incorporation of a social justice impact framework, the guarantee of minimum levels of social protection, and the effective supervision of privatization processes by public institutions. Ultimately, the study proposes a model of “regulated and justice-oriented privatization” as an approach compatible with the constitutional foundations of the Islamic Republic of Iran.