Special Rapporteur on violence against women, its causes and consequences
E/CN.4/2006/61/Add.3 para 72 (a)
Full recommendation:
With a view to the adoption and observation of international human rights standards the Special
Rapporteur recommends that the Government: Implement the provisions of the Declaration on
the Elimination of Violence against Women.
Assessment using Impact Iran human rights indicators1
Adopted by consensus at the United Nations General Assembly (UNGA) in 1993, the
Declaration on the Elimination of Violence against Women (VAW) aims to guarantee the
universal application to women of the rights and principles with regard to equality, security,
liberty, integrity and dignity of all human beings.2 In this context, the Constitution of the Islamic
Republic of Iran (IRI) reveals the following: Article 3 of the Constitution obliges the
Government to ensure the universal rights of individuals, including that of men and women,
judicial justice for all, and equal protection of the public in law. In addition, Article 20 of the
Constitution also emphasises that all people of the nation, both men and women, are equally
protected by law, and enjoy all human, political, economic, social and cultural rights, in
accordance with “Islamic standards.” Article 21 of the Constitution similarly obliges the
government to guarantee the rights of women in all respects, in accordance with “Islamic
standards.”
Even though these provisions are ostensibly designed to prevent all forms of discrimination,
including discrimination and violence on the basis of gender, the inclusion of the term in the
"Framework of Islamic Standards" is significant due to its restrictive and conditional nature.
Article 4 of the Constitution entrusts the authority to determine and define the "framework of
Islamic Standards" to the Guardian Council in Iran, which consists of 12 non-elected members,
six of whom are mujtahid clerics (appointed directly by the Supreme Leader) who are
responsible for this mandate.3 The views, actions and opinions of the Shi’ite clerics who are
members of this Council are such that according to the rules of Islam, men and women are not
1
CCPR.3.1.S.1, CCPR.3.1.S.4, CCPR.23.2.S.1, CCPR.23.4.S.1
CCPR.3.1.P.3, CCPR.23.2.P.1
CCPR.3.1.O.4
2
The Declaration on the Elimination of Violence against Women, adopted on 20 December 1993:
https://www.ohchr.org/en/professionalinterest/pages/violenceagainstwomen.aspx
3
As discussed, one of the spheres of influence of the Guardian Council’s mandate the determination of Islamic
Standards. This matter is exclusively within the jurisdiction of the six cleric members. The other members of the
Council, namely the six non-cleric members, cannot influence the decision-making process in this regard.
1