boys within the criminal justice system. One of the most significant illustrations is the age of
criminal responsibility, which is set at nine lunar years for girls (equivalent to eight years, nine
months) and fifteen lunar years for boys (equivalent of fourteen years, seven months).3 The
Islamic Penal Code (2013) penalizes women and girls over the age of nine who do not comply
with the Islamic dress code in public, notably with wearing the compulsory hijab.4 5
Additionally, many provisions under the Iranian Civil Code are discriminatory towards women.
These provisions, notably, include the legal age of marriage,6 the share of inheritance,7 and the
right to divorce.8 In marriage, the Civil Code provides rights to the husband over those of the
wife,9 notably by 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 life10 and demand that she performs her ‘duties’.11 The legal minimum age for marriage is
13 years old for girls and 15 years old for boys.12 However, children who have reached puberty
(9 lunar years for girls, 15 lunar years for boys) can marry with parental consent and court
approval.13
With regards to the right of freedom of movement, Iran’s Civil Code forbids a woman from
leaving the matrimonial home without the husband’s permission, unless she is able and willing to
go to court to prove she is endangered.14 The Civil Code specifies that a woman who decides to
leave the marital home will not receive alimony from her husband anymore, which may well
function as a deterrent for women to exercise their freedom of movement. According to Article
18 (3) of the Passport law, a woman needs written permission from her husband to obtain a
3
Criminal responsibility, Articles 140, 146 and 147 of the Islamic Penal Code, 2013 https://iranhrdc.org/english-translation-ofbooks-i-ii-of-the-new-islamic-penal-code/
4
Islamic Penal Code, 2013, Article 638, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
5
See more: Minority Rights, Beyond the Veil: Discrimination against women in Iran, 2019, https://minorityrights.org/wpcontent/uploads/2019/09/MRG_CFR_Iran_EN_Sept191.pdf
6
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
7
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
8
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
9
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/
10
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-theislamic-republic-of-iran/
11
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
12
Article 1041 of the Civil Code as amended up until December 2000, NGO Impact Iran Coalition, Joint Submission to the
Committee on the Rights of the Child, 2016,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf
13
Iran Human Rights Documentation Center, https://iranhrdc.org/wpcontent/uploads/pdf_en/LegalCom/Womens_Rights_Commentary_389929723.pdf
14
Article 1117 of the Civil Code.
2