Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
88(d)
Full recommendation:
Promptly investigate complaints concerning ill-treatment and abuse of children in street
situations.
Assessment using Impact Iran human rights indicators1
In June 2020, the Islamic Republic of Iran adopted a law on Child Protection2 which criminalizes
a range of abuses and violence against children, including physical harm and preventing access
to education.3
Access to justice is guaranteed in Iran under Article 34 of the Constitution, which states that: “It
is the indisputable right of every citizen to seek justice by recourse to competent courts. All
citizens have the right to access such courts, and no one can be barred from courts to which he
has a legal right of recourse.” According to the Iranian Civil Code, all persons are entitled to
civil rights but nobody can utilize and employ these rights unless they possess the legal capacity
to do so.4 However, only children over the age of 15, who are legally deemed mature, may bring
a case to the courts unassisted;5 all other children need to bring cases through their legal
guardian.6 The father’s consent is needed to initiate legal proceedings, except where the father is
the person against whom a complaint is made or he is unavailable to provide his consent.7
In its 2019 National Report to the Universal Periodic Review, the Government of the Islamic
Republic of Iran stated that “on the basis of the 6th Development Plan Act, the Government is
obliged to increase protection of […] street children (Article 78), and to organize and reduce
street children and child laborers. »8 Iranian law, however, does not address specifically the
rights and protection of children in street situations. In its General Comment No.21 on children
in street situations, the Committee on the Rights of the Child stipulates that States should
“introduce or review an act on child protection or children based on a child rights approach and
that specifically addresses children in street situations.” 9
1
CRC.34.1.S.1 ; CCPR.24.1.S.1
CRC.34.1.P.1 ; CRC.34.1.P.2 ; CRC.34.P.3; CCPR.24.1.P.1
CRC.34.1.O.1
2
Parliament of the Islamic Republic of Iran, https://rc.majlis.ir/fa/legal_draft/state/1055680
3
Human Rights Watch, https://www.hrw.org/news/2020/06/23/iran-child-protection-law-positive-insufficient
4
Civil Code, Article 958.
5
Civil Code, Article 1210.
6
Civil Code, Article 1210.
7
For example see Article 1172 of the Civil law.
8
National Report, UPR 2019, Islamic Republic of Iran, https://undocs.org/A/HRC/WG.6/34/IRN/1
9
General Comment No.21 on children in street situations, Committee on the Rights of the Child, CRC/C/GC/21,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/GC/21&Lang=en
1