Identifying Legal Gaps in the Protection of Internally Displaced Persons (IDPs)

Abstract

This study aims to identify and analyze the legal gaps and institutional deficiencies affecting the protection of internally displaced persons (IDPs) in Iran, focusing on their experiences with legal recognition, access to rights, and administrative support. A qualitative research design was employed, utilizing semi-structured interviews conducted with 22 participants from Tehran, including IDPs, legal practitioners, and humanitarian actors. Participants were selected purposively to capture diverse perspectives. Data collection continued until theoretical saturation was achieved. Interviews were audio-recorded, transcribed verbatim, and analyzed thematically using NVivo software to identify core themes and subthemes related to legal protections and gaps. Three main themes emerged: (1) inadequate legal framework, characterized by the absence of dedicated national legislation, unclear legal status of IDPs, and conflicting property laws; (2) institutional and administrative gaps, including poor interagency coordination, weak enforcement capacity, inconsistent documentation procedures, and lack of legal aid; and (3) sociolegal consequences for IDPs, comprising rights deprivation, social marginalization, psychological impacts, reliance on informal justice systems, and distrust of formal legal mechanisms. These gaps collectively contribute to the marginalization and vulnerability of IDPs in Iran, limiting their access to justice, social services, and durable solutions. The study highlights critical legal and institutional shortcomings that impede effective protection and inclusion of IDPs in Iran. Addressing these gaps requires comprehensive national legislation, improved interagency coordination, expanded legal aid, and strengthened documentation and data systems. Such reforms are essential for fulfilling constitutional guarantees, enhancing legal recognition, and promoting the dignity and rights of displaced populations.