Exploring the Gaps in Legal Protections for Invisible Disabilities
Keywords:
Invisible disabilities, legal recognition, procedural justice, disability rights, qualitative research, Iran, psychosocial impact, legal exclusionAbstract
This study aimed to explore how individuals with invisible disabilities in Tehran experience and navigate legal recognition, protection, and enforcement, highlighting systemic gaps and psychosocial consequences within Iran’s legal framework. A qualitative research design was employed using semi-structured interviews to capture the lived experiences of individuals with self-identified invisible disabilities, including psychiatric, neurological, and chronic conditions. Fifteen participants were recruited through purposive sampling in Tehran. Interviews were conducted until theoretical saturation was reached, lasting between 45 and 75 minutes, and were transcribed verbatim. Data were analyzed thematically using NVivo software, applying Braun and Clarke’s six-phase framework. Open, axial, and selective coding were used to identify key themes and subthemes reflecting participants’ legal experiences. Three overarching themes emerged: (1) legal recognition and definition gaps, including the exclusion of invisible disabilities from statutory definitions and standardized assessments; (2) institutional barriers to enforcement, such as bureaucratic delays, interagency fragmentation, and discriminatory attitudes among legal staff; and (3) psychosocial impacts of legal invisibility, including emotional distress, advocacy fatigue, fear of disclosure, and withdrawal from legal systems. Participants also reported developing alternative strategies for resilience, such as peer advocacy, informal networks, and reframing of disability identity. These findings underscore how the structural invisibility of non-apparent disabilities produces legal exclusion and social disempowerment. The study reveals significant deficiencies in the Iranian legal system's recognition and support for individuals with invisible disabilities. Legal definitions, procedural systems, and professional practices must be reformed to accommodate non-visible impairments through inclusive policies, standardized evaluations, and disability rights training for legal professionals. Amplifying the voices of those affected is essential to advancing equitable justice and fulfilling the commitments of the CRPD.
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