approval of parliament and the Guardian Council.7 During its last Universal Periodic Review
(November 2019) the Government of the Islamic Republic of Iran stated that the Act on
Protection, Dignity and Security of Women against Violence, currently under governmental
review, will 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.”8 Despite initial positive changes in the bill that would prohibit early marriage for girls
under 18, the latest version, as of March 2021, approved by the cabinet and sent to the parliament
on January 14th 2021, does not include such provisions.9 10
Marital rape is not recognized as a crime at all in Iran. The legal definition for ‘coerced zina’11 is
restricted to forced vaginal and anal penetration by a penis -therefore excludes other forms of
penetration- and only when the perpetrator and the victim are unmarried -therefore explicitly
excludes marital rape.12 Beyond rape, no other form of sexual assault is specifically criminalized
under the Islamic Penal Code.13
As a result, the Islamic Republic of Iran’s legislative framework is insufficient to combat
domestic violence and marital rape.14 In 2017, the Special Rapporteur on the situation of human
rights in the Islamic Republic of Iran found that Article 1108 of the Iranian Civil Code, which
obliges wives to fulfill the sexual needs of their husbands at all times, “might even condone
sexual abuse.”15
Reports have shown that police and judges often consider domestic violence as internal family
matters.16 Police intervention has been reportedly discouraged and parties urged to settle out-ofcourt. 17 18 State institutions and Iranian authorities have been reportedly unwilling to investigate,
punish perpetrators and provide social services to victims of sexual assault or rape.19
7
Information from Impact Iran; see www.tasnimnews.com/fa/news/1397/11/17/1941311/
Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12
9
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, ‘Hamsari ke zendegi nemikonad
amma mamnou’ol khorouj mikonad [A spouse who doesn’t live but bans me from leaving the country],’ 4 October 2015,
https://bit.ly/2youDGX and https://www.aa.com.tr/en/middle-east/iran-activists-hail-new-domestic-violence-law-expect-moresteps/2120181
10
Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12
11
Zina is referring to illicit sexual activities.
12
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
13
Ibid.
14
See more: Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexualviolence-in-iran/
15
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 2017,
https://www.refworld.org/docid/58bd7e2b4.html
16
2019 Country Reports on Human Rights Practices: Iran, U.S. Department of State, https://www.state.gov/reports/2019country-reports-on-human-rights-practices/iran/
17
UN General Assembly, ‘Situation of human rights in Iran’ (para 32), 31 August 2015
18
Australian Department of Foreign Affairs and Trade, Country Information report, Iran, 2020,
https://www.dfat.gov.au/sites/default/files/country-information-report-iran.pdf
19
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
8
2