that judicial actions are taken in response to complaints.12 Hate crimes, such as motivated
killings and desecration of cemeteries, particularly against Baha’is, have not been investigated by
the Iranian authorities.13 14
B. The Committee also recommends that the State party review its hijab laws and
regulations and ensure that the right of girls to wear or not to wear the hijab is fully
respected
In Iran, the hijab is a part of school uniforms and girls as young as 7 years of age are required to
wear it in classrooms, regardless of their religious affiliation, which is in violation of the right to
freedom of religion or belief, as well as the right to freedom of expression.15 Violators of the
country’s Hijab Law can be punished through Article 638 of the Islamic Penal Code16, which
punishes this type of violation with imprisonment ranging between 10 days and two months, and
fines of up to 500.000 rials. Due to the low minimum age of responsibility in Iran, girls as young
as 9 years of age can be subject to punishments stemming from these pieces of legislation.
Despite the lack of recent data on this issue, human rights organisations report that in the Persian
year 1392 (2013-2014) around 5,000 women were arrested due to their clothing options in Iran.17
Recommendation Status:
This recommendation has NOT been implemented.
12
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
13
Ibid.
14
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
15
Justice for Iran submission to the Committee of the Rights of the Child, 3rd and 4th Review of the Islamic Republic of Iran:
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19746_E.pdf
16
https://shenasname.ir/laws/4475-ghanon-mojazat >
17
Ibid.
3