that “All citizens of the country, both men and women, equally enjoy the protection of the law
and enjoy all human, political, economic, social, and cultural rights, in conformity with
Islamic criteria”. Additionally, 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.” 15
Many elements of Iran’s domestic legal framework discriminate between Shia Muslims,
Muslim and non-Muslim minorities. According to the Constitution of the Islamic Republic of
Iran, candidates for the presidency must follow the official religion of the State, as well as for
members of the Assembly of Experts, the Guardian Council or the Expediency Council,
excluding Muslim and non-Muslim minorities from holding high governmental positions. 16
Further, Article 881 of the Civil Code bars non-Muslims from inheriting property from
Muslims. The Islamic Penal Code (IPC) also prescribes different penalties depending on the
religion of the perpetrator and/or the victim of some crimes.
Such shortcomings in the legal framework set the structure for the institution of
discriminatory policies and practices in the Islamic Republic of Iran. In terms
of discrimination in access to employment, while Iranian law theoretically forbids
the investigation of individual beliefs,17 discrimination in access to employment is
institutionalized through the practice of gozinesh, a mandatory screening process
set forth in the Selection Law based on Religious and Ethical Standard of 1995.18 As
described by the Special Rapporteur on the situation of human rights in the Islamic Republic
of Iran, the process “involves investigations conducted by the Supreme Selection Council and
the Ministry of Intelligence into the acceptability of an applicant’s beliefs, previous political
opinions and affiliations” and is intended to ensure that applicants “adhere to and have
knowledge of Islam, follow the theory of Velayat-e-faqih (rule of an Islamic jurist under
Shi’ite Islam) and are loyal to the Islamic Republic of Iran.”19 Not only is gozinesh in
contradiction of Article 23 of the Constitution, it also bars minorities or anyone who are
unable or unwilling to accept these requirements from seeking employment in the public
sector.20 Members of religious and ethnic minorities have reportedly been the target of denial
of employment in the Islamic Republic of Iran.21 22 For example, members of the Yarsan
15
The Constitution of the Islamic Republic of Iran, English translation,
http://www.iranchamber.com/government/laws/constitution_ch03.php
16
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
17
Article 23 The Constitution of the Islamic Republic of Iran
http://www.iranchamber.com/government/laws/constitution_ch03.php
18
Amnesty International, 2012, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/
19
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
20
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
21
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
22
Baha’i International Community, Submission to the Universal Periodic Review of Iran, 2019,
https://undocs.org/A/HRC/WG.6/34/IRN/3
3