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by Mehrdad HassanZadeh Dugoori, Distinguished Professor: Faculty Member of Islamic Azad University Central Tehran Branch (IAU) Tehran, Iran and Iman Mohammadali Tajrishi, Docterial Student in Marketing: Islamic Azad University Central Tehran Branch (IAU), and Project Management Office (PMO) of Pars Oil and Gas Company Tehran, Iran
Judul Asli
Critical and Comparative Study of "Consumer's Right ProtectionLaw" in Iran, withUnited Nations Guidelines for Consumer Protection.
by Mehrdad HassanZadeh Dugoori, Distinguished Professor: Faculty Member of Islamic Azad University Central Tehran Branch (IAU) Tehran, Iran and Iman Mohammadali Tajrishi, Docterial Student in Marketing: Islamic Azad University Central Tehran Branch (IAU), and Project Management Office (PMO) of Pars Oil and Gas Company Tehran, Iran
by Mehrdad HassanZadeh Dugoori, Distinguished Professor: Faculty Member of Islamic Azad University Central Tehran Branch (IAU) Tehran, Iran and Iman Mohammadali Tajrishi, Docterial Student in Marketing: Islamic Azad University Central Tehran Branch (IAU), and Project Management Office (PMO) of Pars Oil and Gas Company Tehran, Iran
Critical and Comparative Study of "Consumer's Right ProtectionLaw" in Iran, withUnited Nations Guidelines for Consumer Protection
Abstract Emergence of consumer right in the business application has brought about significant evolution in today's market as well as formation of consumer protection. Utilizing such protection requires accurate conception of consumer behavior paradigm and application of proper marketing strategies. In today's world preservation of society health and consumer benefits are in government duty and responsibility, above all authority. The consumers are being oppressed due to unawareness of their fundamental rights as well as they are ignorant about the potential of available legal remedies. To furnish the consumer forums with appropriate enforcement and paraphernalia for consumer protection in all consumer related matters from food and health to pecuniary contracts and establishment of adequate redress mechanisms should be one of the main objectives of any government. In Iran, the significant of consumer protection was on the focus of attention in the recent years, which "consumers right protection law"approved by 15-sep-2008. The purpose of this paper is to analyze the adaption among the concepts regarding consumer rights under the legal framework of Iran. This paper will also point out the factors which are mentioned in consumer protection law in the UNguidelines for consumer protection to declare some improvement to the current stage of Iran's consumer protection. Key words: Consumer, Manufacturer, Protection, Decision Making.
Introduction In the traditional and agricultural economic that production and consumption of goods were restricted to the household and there were not an independent group named "consumer", protection and defense of their benefits did not have sense. However, after industrial revolution and formation of a group that named "Consumer", gently protection of consumer LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
against manufacturers and sellers became a social and political and essential requirement. The main goal of applying consumer protection policy is prevention of usage of harmful goods and services that threatened the society health (Haghighi, 2004, 55-56).In Iran, the significant of consumer protection was on the focus of attention in the recent years, which "consumers right protection law" approved by 15-sep-2008, in Iran's Islamic parliament. Consumer protection is laws designed to aid retail consumers of goods and services that have been improperly manufactured, delivered, performed, handled, or described (Dictionary of Marketing, 2014). Conversely, it is efforts to ensure that products purchased by consumers are safe to use, will meet all express or implied performance standards, that consumers will have adequate information to make safe purchase and use decisions, that marketers are prevented from using fraudulent methods to sell their products, and that marketers compete fairly in the marketplace. To achieve their objectives, consumer protection advocates, including individual consumers, government agencies and businesses, use federal and state legislation, class action lawsuits, organized consumer actions like boycotts, and mass media tools like local newspaper. Consumerism is Public concern over the rights of consumers, the quality of consumer goods, and the honesty of advertising.This ideology is social phenomenal that protection of consumers against unhealthy products and fraudulent suppliers are necessary (Pearson, 2000, pp. 94-95, 212, 382) and emphasis in quality, safety and information content of goods and services required by the consumer in the market (Statt, 1999, pp. 30-31). In today's world, some unions, associations, groups and consumer centers are responsible for consumer protection.countries according to their economical, political, social and cultural condition and interaction with the developments of external environment, formulate a proper mechanism for establishing unions, groups, centers, governmental and nongovernmental associations to protect consumers and thereby, through increasing the whole consumer satisfaction improve the influence of governance. The following figure shows the legal literature studies in Iran on the subject of consumer protection.
Figure 1- the legal literaturestudies in Iran on the subject of consumer protection. Author / Researcher Research Outcome Hussein Saleki, Book: Protecting of The first book in Iran which had a legal LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure 1- the legal literaturestudies in Iran on the subject of consumer protection. Author / Researcher Research Outcome 1986. Consumer Rights
review on consumer protection. Hadi Esmailzadeh, 1995. Book: a Look at Consumer Rights
Present the first Pattern of consumer protection which approved by the Council of Ministers. Heshmat Allahe Samavati, 1995. Book: Business Competition and its Role in Policy-making and Market Regulation.
Assessing the general aspects of business competition law and mention one of the main goals in this law is returning the lost consumer rights. Taghi Ramezani, 1999. Dissertation: Criminal Protection in Consumer Rights: Comparative Study in France Criminal Law. A comparative study in the consumer protection right in two countries. Abdol Hamid Shams, 2002. Book: The Deregulation The term of deregulation in initial impression imagine forming some action in order to reduce the rules but this behavior is not necessarily mean reducing quantities of laws: it means preservation and reinforcement current laws. Ahmad Bagherzadeh, 2002. Book: Market, Government, Consumer Rights. Describe the duty and role of market and government in the consumer rights. Nasr Allah Ebrahimi, 2004. Article: The Responsibility of Producing Defective Goods Description the responsibilities and the factors of protection. LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure 1- the legal literaturestudies in Iran on the subject of consumer protection. Author / Researcher Research Outcome and Protection of Consumers.
According to the above researches, The Main purpose of consumer protection will categories as follow: - Consumer weakness:the relationship among professionals (suppliers) and consumers are naturally disequilibrium. Professional competencies, information ownership and often the financial solvency allowed the supplier to impose things upon consumer. - Legal duty to protect the weak: the law task is to protect weak against strong. If people in a community are always in misuse of powers, living in that community would not Possible. Law in protecting the weak tends to create a peaceful society. That is because protection of consumer is concerned. - Disability of classical private law in consumer protection: civil laws are unable to guarantee consumer protection because the solutions of civil law are often containing litigation in the court, which should be done individually after the contract and after its implementation (Ramezani, 1999).
Consumer Bill of Rights Before the mid-twentieth century, consumers had limited rights with regard to their interaction with products and commercial producers. Consumers had limited ground on which to defend themselves against faulty or defective products, or against misleading or deceptive advertising methods (Smith, 1995). The consumer movement began to gather a following, pushing for increased rights and legal protection against malicious business practices. By the end of the 1950s, legal product liability had been established in which an aggrieved party need only prove injury by use of a product, rather than bearing the burden of proof of corporate negligence. On March 15, 1962, J ohn F. Kennedy presented a speech to the United States Congress in which he extolled four basic consumer rights. This right states that businesses should always provide consumers with enough appropriate information to make intelligent and informed LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
product choices. Product information provided by a business should always be complete and truthful. These rights include as follow: - The right to safety: The assertion of this right is aimed at the defense of consumers against injuries caused by products other than automobile vehicles, and implies that products should cause no harm to their users if such use is executed as prescribed. - The right to be informed:This right states that businesses should always provide consumers with enough appropriate information to make intelligent and informed product choices. Product information provided by a business should always be complete and truthful. Aiming to achieve protection against misleading information in the areas of financing, advertising, labeling, and packaging. - The right to choose: The right to free choice among product offerings states that consumers should have a variety of options provided by different companies from which to choose. - The right to be heard: This right asserts the ability of consumers to voice complaints and concerns about a product in order to have the issue handled efficiently and responsively.
The United Nations through the "United Nations Guidelines for Consumer Protection" expanded these into eight rights (1998): - The right to satisfaction of basic needs:This right demands that people have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water, and sanitation. - The right to redress:The right to redress provides for consumers to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods, or unsatisfactory services. For example, a consumer should be able to go to consumer court against mobile phone companies that put hidden charges on the bill that were not previously explained, or activate ringtones without the consumer's permission. - The right to consumer education: The right to consumer education states that consumers should be able to acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them. LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
- The right to a healthy environment: This is the right to live and work in an environment that is non-threatening to the well-being of present and future generations.
Consumer Protection Laws in Iran: acomparative approach There are three laws concerning protection of consumer rights and following with their own establishment under the authority of Iran's Ministry of commerce: (1)consumers right protection law, (2) the law of loyal punishment and (3) the law of guild system. Figure 2 shows recognized consumer rights in each law and compare them with each other. Figure2- Comparative Study of Consumer Protection Laws in Iran Recognized Consumer Rights in consumers right protection law of Iran The Law of Loyal Punishment The Law of Guild System Rights to acquire safely goods and services Guarantee the accuracy and safely of goods * * Manufacture in accordance with standards * * Goods in compliance with the specification stated * * Compensation for damages caused by defects * * Provide guarantees * * Supply of required spare parts * * Right to required information Providing any information, including instructions and catalogs - - Stated unit price of goods and installation of them * * Providing invoice * * Right to acquisition of goods No hoarding * - Refrain from deceptive auctions and vague award offer - - LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure2- Comparative Study of Consumer Protection Laws in Iran Recognized Consumer Rights in consumers right protection law of Iran The Law of Loyal Punishment The Law of Guild System Right to have government support Prohibit conspiracy of suppliers from supply reduction or product quality to impose inappropriate price * - Prohibit false and misleading advertisements * * * The right observes. - The right do not observes.
The figure above shows that the laws of loyal punishment and guild system have some imperfections in rights like providing any information, including instructions and catalogs, no hoarding, refrain from deceptive auctions and vague award offer and prohibit conspiracy of suppliers from supply reduction or product quality to impose inappropriate price. Therefore, there is acceptable universality in the consumers right protection law of Iran toward the two prior laws. UN guidelines for consumer protection:a comparative approach Taking into account the interests and needs of consumers in all countries, particularly those indeveloping countries; recognizing that consumers often face imbalances in economic terms, educational levels and bargaining power; and bearing in mind that consumers should have the right of access to non-hazardous products, as well as the right to promote just, equitable and sustainable economic and social development and environmental protection, UN guidelines for consumer protection have the following objectives: - To assist countries in achieving or maintaining adequate protection for their population as consumers; - To facilitate production and distribution patterns responsive to the needs and desires of consumers; LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
- To encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers; - To assist countries in curbing abusive business practices by all enterprises at the national and international levels which adversely affect consumers; - To facilitate the development of independent consumer groups; - To further international cooperation in the field of consumer protection; - To encourage the development of market conditions which provide consumers with greater choice at lower prices; - To promote sustainable consumption. The following figure shows the recognized consumer rights according to the UN guideline of consumer protection and its relation with the consumer's right protection law of Iran and its enforcement. As could be seen, there are some main difference in focusing consumers' requirements to create sustainable and loyal consumption. Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement Physical safety Adaption to standards and maintenance of safety * * Prohibition of supplying unsafe goods by distributors * * Notify unforeseen hazards of product(after placement on the market) to consumers and ensure that consumer are properly informed * - Recall, replace, modify or substitute defective products
- -
Promotion and protection of Achieve the goals ofsatisfactory production andperformance standards,adequatedistribution methods,fair - - LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement consumers' economic interest business practices,informative marketingandeffective protection against practices prevent practices which are damaging to the economic interests of consumers
* * Clear the responsibility of the producer to ensure that goods meetreasonable demands of durability, utility and reliability, and are suited to the purpose for which they are intended * * Encourage fair and effective competition in order to provide consumers with the greatest range of choice among products and services at the lowest cost - - adequate availability of reliableafter-sales service and spare parts * - protected from such contractual abuses * * Promotional marketing and sales practices should be guided by the principle of fair treatment of consumers and should meet legal requirements * * Participate in the free flow of accurate information on all aspects of consumer products. * * LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement Consumer access to accurate informationabout the environmental impact of products and services should be encouraged - * The development of appropriate advertising codes andstandards for the regulation and verification of environmental claims should be encouraged. - - Standards for the safety and quality of consumer goods and services Formulate or promote the elaboration and implementation of standards, voluntary and other, at the national and international levels for the safety and quality of goods and services and give them appropriate publicity * * National standards and regulations for product safety and quality should be reviewed from time to time * * Where a standard lower than the generally accepted international standard is beingappliedbecause of local economic conditions, every effort should be made to raise that standard as soon as possible - - Distribution facilities for essential consumer goods and services Ensure the efficient distribution of goods and services - * Encouraging the establishment of consumer cooperatives and related trading activities - * LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement Measuresenabli ngconsumers to obtain redress Enable consumers or, as appropriate, relevant organizations to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible * * encourage all enterprises to resolveconsumer disputes in a fair,expeditious and informal manner, and to establish voluntary mechanisms, including advisory services and informal complaints procedures, which can provide assistance to consumers - * Information on available redress and other dispute-resolving procedures should be made available to consumers - * Education and information programs develop or encourage the development of general consumer education and information programsin both rural and urban areas, including low-income consumers and those with low or non-existent literacy level - - Consumer education should, where appropriate, become an integral part of the basic curriculum of the educational system, preferably as a component of existing subjects - - encourage consumer organizations and other interested groups, including the media, to - - LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement undertake education and information programs Business should, where appropriate, undertake or participate in factual and relevant consumer education and information programs. - * (Case: bank warns about new way of scams with SMS) Develop or encourage the development of consumer information programs in the mass media
- * (Case: Market channels in TV) Promotion of sustainable consumption
Sustainable consumption includes meeting the needs of present and future generations for goods and services in ways that are economically, socially and environmentally sustainable - * (Case: modifying the consumption pattern) Informed consumers have an essential role in promoting consumption that isenvironmentally, economically and socially sustainable - * Encourage recycling programs that encourage consumers to both recycle wastes and purchase recycled products - * (case: done by LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement municipality ) Safely manage environmentally harmful - - Promote awareness of the health-related benefits of sustainable consumption - - Encourage the transformation of sustainable consumption patterns through the development and use of new environmentally sound products and services and new technologies, including information and communication technologies, that can meet consumer needs while reducing pollution and depletion of natural resources - - Promote research on consumer behavior related to environmental damage in order to identify ways to make consumption patterns more sustainable - - Measures relating to specific areas
Give priority to areas of essential concern for the health of the consumer, such as food security, water and pharmaceuticals * * International cooperation Develop or strengthen information links regarding products which have been banned, withdrawn or severely restricted in order to * * LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
Figure3- Comparative Study of Consumer Protection Laws in Iran and UN Guideline Recognized Consumer Rights in UNguideline of consumer protection Consumers Right Protection Law of Iran Iran's Enforcement enable other importing countries to protect themselves adequately against the harmful effects of such products. Quality of products, and information relating to such products, does not vary from country to country in a way that would have detrimental effects on consumers * * * The right observes / execute. - The right do not observes/execute. Conclusion: A critical approach to consumers' right protection law of Iran
According to this study and observation of researchers, approaches of protection in Iran are more skew to manufacturing dimension. Therefore, enforcement of consumer's right protection law is not under the authority of one individual organization, but governmental organization with the mission of protecting the manufacturer are protecting consumer simultaneously;this structural weakness would create a diversification toward consumer protection goal approach.By considering the two comparative studies, there are three laws which following different goals or in some criteria, parallel direction by the different enforcements (Organizations), would causes consumer ambiguity. Nether of the laws on domain of consumer protection are comprehensive to protect in detail the consumer rights. In some cases, observed that there were some activities which applying and that did not predict in the laws, which shows, the Iran's consumer protection laws should updated with the new needs of society.Considering the goals of UN guideline for consumer protection, the Iran's promotion is more considers the mitigation of consumption against sustainable LAW MANTRATHINK BEYOND OTHERS (National Monthly Journal, I.S.S.N 2321 6417)
consumption: and this conditional decision could be the consequences of endogenous economicstrategies. As could be seen in the comparative study of consumers right protection law of Iran and UN guideline, there were numerous dimensions which do not considers directly in Iran's law. For instance, it does not focus on educational aspects: Consumer education and information programs should cover such important aspects of consumer protection as the following (UN, 2003): - Health, nutrition, prevention of food-borne diseases and foodadulteration; - Product hazards; - Product labeling; - Relevant legislation, how to obtain redress, and agencies and organizations for consumer protection; - Information on weights and measures, prices, quality, credit conditions and availability of basic necessities; - Environmental protection; and - Efficient use of materials, energy and water
The whole issues that mentioned in this research, shows the improvement points which needs more consideration for promoting consumer protection more seriously in Iran. Consumer generally is weak and the law task is to protect the weak against strong (supplier).
By:- Mehrdad HassanZadeh Dugoori Distinguished Professor: Faculty Member of Islamic Azad University Central Tehran Branch (IAU) Tehran, Iran Iman Mohammadali Tajrishi Docterial Student in Marketing: Islamic Azad University Central Tehran Branch (IAU), and Project Management Office (PMO) of Pars Oil and Gas Company Tehran, Iran