Special Rapporteur on freedom of religion or belief A/HRC/13/40/Add.1 para 145
Full recommendation
The Special Rapporteur regrets that she has so far not received a reply from the Government of
the Islamic Republic of Iran concerning the above-mentioned allegations. She would like to recall
that the Human Rights Council in resolution 6/37 urges States to take all necessary and
appropriate action, in conformity with international standards of human rights, to combat hatred,
intolerance and acts of violence, intimidation and coercion motivated by intolerance based on
religion or belief, as well as incitement to hostility and violence, with particular regard to religious
minorities.
Assessment using Impact Iran human rights indicators1
Article 14 of the Constitution stipulates that the government and Muslims in Iran are “dutybound to treat non-Muslims in conformity with ethical norms and the principles of Islamic
justice and equity, and to respect their citizen rights”.2 Additionally, although Article 19 of the
Constitution protects the equal rights of “ethnic group or tribe” regardless or “color, race,
language, and the like” it omits an explicit provision recognizing religion or belief as a protected
characteristic against discrimination. 3 Article 23 of the Constitution stipulates that “the
investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task
simply for holding a certain belief.” 4
These protections, however, only apply to those “who refrain from engaging in conspiracy or
activity against Islam and the Islamic Republic of Iran”, a charge that is regularly held against
certain religious minorities.
The Constitution of the Islamic Republic of Iran names the Twelver Ja’fari School of Shia Islam
as the state religion. Only Muslim minorities (including Sunnis), Zorostrian, Jewish and
Christian Iranians are recognized under the Constitution.5 There are no laws safeguarding the
right of religious minorities to worship, maintain places of worship or assemble, leaving
religious minorities without legal protection to manifest and practice their religion or belief.
1
CCPR.18.1.S.1; CCPR.18.2.S.1; CCPR.18.3.S.1;
CCPR.18.1.P.1; CCPR.18.2.P.1; CCPR.18.3.P.1;
CCPR.18.O.4; CCPR.18.2.O.1;CCPR.18.3.O.1
2 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
3 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
4 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
5 Articles 12 and 13 of the Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
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