women and adopting preventive and support measures to stop violence against women.”9
Reportedly, the bill would also prohibit forced and early marriage for girls under 18 years old.10
The most recent version of the bill does not change the current application of the Civil Code in
regards to early marriage.11
The bill was approved by the Iranian Government in January 2021. Yet, before it becomes
legally binding, the bill must still be approved by the Parliament and the Guardian Council, thus
it is unclear what its eventual effect may be.
During its 2019 UPR, the Government of Iran noted that forced marriage is prohibited under
Article 1062 of the Civil Code and Article 646 of the Islamic Penal Code.12 Yet with a court’s
permission, a legal guardian has the right to legally enter a child daughter into a compulsory
marriage, regardless of whether she gives free and informed consent to the marriage.13 Such
practice amounts to forced marriage if either spouse does not give free and informed consent.
Additionally, virgin girls and women above the age of 13 years old, who are marrying for the
first time, are legally required to have their father’s or paternal grandfather’s permission for the
marriage.14
The Government of Iran has stated that when a case of forced marriage is reported to the
Judiciary and a case is filed, the forced marriage can be dissolved in accordance with the Civil
Code provisions and those who forced the marriage are prosecuted.15 However, underage
children, those under 18 years old, lack access to redress and legal recourse as they cannot file
lawsuits without the representation of their legal guardian.16 Further, a girl or woman only has
permission to leave the marital house without her husband’s consent if she is able and willing to
prove to a court that she faced a significant risk of bodily harm or threat to her life and safety.17
Such provision deprives women and girls from legal and social protection when they attempt to
9
Universal Periodic Review, Iran, 2019, <https://undocs.org/A/HRC/43/12 >
Ceasefire Centre for Civilian Rights, Centre for Supporters of Human Rights and Minority Rights Group International,
September 2019, <https://www.justice.gov/eoir/page/file/1203136/download >; Iran Newspaper, 4 October 2015:
<https://bit.ly/2youDGX >
11
https://shenasname.ir/laws/7023
12
Universal Periodic Review, 2019, Reply of the Islamic Republic of Iran, <https://undocs.org/en/A/HRC/43/12/Add.1 >
13
Iran Human Rights Documentation Center, <https://iranhrdc.org/wpcontent/uploads/pdf_en/LegalCom/Womens_Rights_Commentary_389929723.pdf >
14
NGO Submission Committee on the Rights of the Child, 2016,
<https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf >
15
Universal Periodic Review, 2019, Reply of the Islamic Republic of Iran, <https://undocs.org/en/A/HRC/43/12/Add.1 >
16
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against women and honour-related
violence in Iran’, 26 June 2015, <http://www.migri.fi/download/61597_Suuntausraportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288 >
17
Article 1117 of the Civil Code. Amnesty International, 2015,
<https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf >
10
2