عنوان مقاله [English]
Enjoyment of equal rights by people in a society, in using public services, is a concern of high importance which has been considered by scholars for a while. What imports is that to what extent equality shall be obtained to favor the society and whether positive discrimination is considered as a part of equality. Definitely, defining equality in a narrow sense leaves it incomplete, so a broad definition is required to contain all the aspects. In our country, Administrative Justice Court as a competent authority to hear cases concerning administrative and public matters (in human rights and public services) declared its opinion in different areas such as employment, social security, educational quota, religious discrimination, examining them in comparison to awards by ECtHR, we can notice non-explicitness of laws on some subject matters such as freedom of religious and accordingly its effects on the Administrative Court of Justice’s awards. It should be mentioned that European Human Rights Laws are exclusively on human rights and admittedly they are more comprehensive (particularly articles 14 and 9 of ECHR) and each of the rights is expressly dealt with, but Iranian laws and mainly Constitutional Law in matter of freedom of religious (in general sense) and gender equality. And especially it limited freedom of religious, while EU laws deal with them expressly. Therefore, in the current study, it is attempted to examine the principle of equality in using public services comparing Administrative Court of Justice’s awards with those of ECtHR’s.