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
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