Comparative Studies on Islamic Countries Law

Comparative Studies on Islamic Countries Law

The Right to Disconnect as a Fundamental Right: A Comparative Study and Reflection on the Legal Gap in Iran

Document Type : Original Article

Authors
1 Assistant Professor of Public Law at Shiraz University
2 LL.M Student of Public Law at Shiraz University
Abstract
In recent decades, technological advancements and new work models have blurred the boundaries between professional and personal life through constant connectivity, jeopardizing fundamental principles such as the right to rest, privacy, and human dignity. In this context, the right to disconnect has emerged as both a novel and essential right. This article argues that the right to disconnect is not merely a workplace privilege but should be recognized as a fundamental right. Using a descriptive-analytical method and comparative studies, this research elucidates the profound connection between this right and human rights foundations, highlighting the detrimental consequences of its neglect—including occupational burnout, declining mental health, and exacerbated gender inequality. It further examines mechanisms for its recognition and enforcement.

Comparative findings reveal that several countries have institutionalized this right through direct legislation or collective bargaining. In contrast, an analysis of Iranian labor laws, particularly the Labor Code, exposes significant regulatory shortcomings in addressing digital-age challenges. The study ultimately emphasizes that recognizing the right to disconnect as a fundamental right is imperative for balancing organizational productivity with human dignity. It concludes with concrete proposals to address the existing legal and promotional gaps.
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Articles in Press, Accepted Manuscript
Available Online from 11 October 2025