Additionally, a large number of provisions under the Iranian Civil Code are discriminatory
towards women. These provisions notably include the legal age of marriage,17 the share of
inheritance,18 and the right to divorce.19 In the martial relationship, the Civil Code provides
rights to the husband over those of the wife,20 such as establishing that the position of the “head
of the family” is the exclusive prerogative of the husband. Under Iranian law, the husband is
entitled to control aspects of his wife’s life21 and demand that she performs her “duties”.22
During its last Universal Periodic Review (“UPR”) in November 2019, the Government of Iran
stated that the proposed Bill on Protection, Dignity and Security of Women against Violence
would be “aimed at criminalizing new forms of assault, harassment and violations of the rights of
women and adopting preventive and support measures to stop violence against women.”23 In
January 2020, the UN Secretary General expressed concerns about the slow progress of the bill,
which has been under review since 2010 and that “critical articles were reportedly removed from
the initial proposal of the Executive, including provisions protecting women from various forms
of violence and criminalizing domestic violence.”24 In November 2019, Iran rejected States’
UPR recommendations asking for the criminalization of domestic violence and marital rape.25
The bill was approved by the Iranian Government in January 2021.26 However, before it
becomes legally binding, the bill must be approved by the Parliament and the Guardian Council.
As of early February 2021, the available draft of the law27 suggests that the text may be
insufficient to protect women in Iran from discriminations and violence. Even though the draft
law may bring positive developments, it will remain limited by the Civil Code,28 the Family
Law,29 and the Islamic Penal Code,30 which contain provisions effectively discriminating against
women and fail to protect them adequately from violence.31
17
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
19
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
20
Articles 1102 to 1119, 1133 to 1142, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-theislamic-republic-of-iran/
21
For instance, under Article 1117 of the Civil Code of the Islamic Republic of Iran “The husband can prevent his wife from
occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife.”
https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
22
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
23
Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12
24
Report of the Secretary General, Situation of human rights in the Islamic Republic of Iran, 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_SecretaryGeneral_on_the_situation_of_human_rights_in_the_Islamic_Republic_of_IranA4320.pdf. See also Radio Farda
https://en.radiofarda.com/a/new-watered-down-draft-law-on-violence-against-women-iniran/30173089.html ; and ISNA
www.isna.ir/news/98071612729/ (in Farsi).
25
Recommendations 26.253, 26.254, Universal Periodic Review, Iran, 2019, https://undocs.org/en/A/HRC/43/12/Add.1
26
New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html
27
https://shenasname.ir/laws/7023
28
https://shenasname.ir/laws/6664
29
https://shenasname.ir/subjects/family/1470
30
https://shenasname.ir/subjects/salamat/1571-mojazat92
31
This information is up-to-date and accurate as of early February 2021. For more up to date information on the passage of this
bill, please click the following link: http://www.impactiran.org/vawbill
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