Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/71/418 para 84 Full recommendation The Special Rapporteur welcomes recent efforts to address both violence against women and inequities in education and economic participation. He encourages the Government to continue to amend laws in line with its legal obligations and pledges made during the Universal Periodic Review to protect the equal and full enjoyment by women of their civil, political, social and economic rights, including the right to freedom of movement, the right to work and the right to be free from discrimination, especially in the workplace. Assessment using Impact Iran human rights indicators1 The Iranian legal framework contains numerous provisions which directly discriminate against women and prevent the equal and full enjoyment by women of their civil, political, social and economic rights. Article 3 of the Constitution of the Islamic Republic of Iran stipulates that it is a duty of the State to work towards “the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and the intellectual spheres.”2 Article 20 guarantees that all citizens of Iran, men and women, enjoy the equal protection of the law and of rights, “in conformity with the Islamic criteria.” Article 21 emphasizes that “the government must ensure the rights of women in all respects, in conformity with Islamic criteria”. According to Article 4 of the Constitution the Guardian Council of the Islamic Republic of Iran is entrusted to define and determine the framework of what constitutes the “Islamic criteria” or standards. Among the 12 non-elected members of the Guardian Council, only the six male clerics directly appointed by the Supreme Leader are responsible for such task. While the aforementioned provisions supposedly safeguard the human rights of women and protect them from discrimination, such legal guarantees exist only if they are in conformity with “Islamic criteria.” The opportunity for interpretation allowed under the qualifications such as “in conformity with Islamic criteria” has often resulted in provisions that discriminate or have a discriminatory impact on various grounds, including gender. The Iranian Islamic Penal Code (2013) is largely based on the Government’s interpretation of Islamic Sharia precepts and contains provisions which directly discriminate between girls and 1 CCPR.2.3.S.1; CCPR.3.1.S.1; CCPR.3.1.S.4; CCPR.16.1.S.1; CCPR.23.2.S.1; CCPR.23.3.S.1; CCPR.23.4.S.1; CRC.8.1.S.1; ESCR.2.2.S.1; ESCR.6.1.S.1; ESCR.6.1.S.3; CCPR.3.1.P.3; CCPR.16.1.P.1; CCPR.23.2.P.1; CCPR.2.3.P.1; CCPR.23.3.P.1; ESCR.2.2.P.3; ESCR.6.1.P.1; CCPR.2.3.O.4; CCPR.3.1.O.4; CCPR.23.3.O.1; CRC.8.1.O.2; CCPR.2.1.O.1; ESCR.6.1.O.2 2 Constitution of the Islamic Republic of Iran, https://irandataportal.syr.edu/wp-content/uploads/constitution-english-1368.pdf 1

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