Concluding Observation Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
60(b)
Full recommendation:
Introduce and enforce national laws prohibiting all forms of child marriage and ensure that
children who have been married can file a complaint on family matters such as divorce and
custody of their children, and for financial compensation.
Assessment using Impact Iran human rights indicators1
A. Introduce and enforce national laws prohibiting all forms of child marriage
The law in the Islamic Republic of Iran continues to permit child marriage by stipulating that the
legal minimum age for marriage is 13 years old for girls and 15 years old for boys.2 However,
children who have reached puberty can marry with parental consent and court approval.3 In Iran,
the predefined age of puberty and the age of legal majority is 9 years old for girls and 15 years
old for boys.4 Marriage before puberty is criminalized in accordance with Article 50 of the
Family Protection Act5 and is punishable under Article 646 of the Islamic Penal Code of 2013.6
In 2018, a proposed amendment to Article 1041 of the Civil Code, which would raise the age of
marriage for girls from 13 to 16 years old while permitting marriage at an earlier age with legal
and medical approval, was rejected by the Parliament’s Committee for Judicial and Legal Affairs
(“Committee”).7 In February 2019, the chair of the Committee stated that a “new plan” would be
introduced for approval of Parliament and the Guardian Council.8 As of February 2021, Iran has
taken no further action in this regard.
1
CCPR.23.2.S.1., CCPR.23.3.S.1., CCPR.23.4.S.1, CCPR.23.4.S.2, CCPR.23.4.S.3
CCPR.23.3.P.1., CCPR.23.2.P.1., CCPR.23.1.P.3
CCPR.23.3.O.1., CCPR.23.4.O.1.
2
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 >
3
Iran Human Rights Documentation Center, <https://iranhrdc.org/wpcontent/uploads/pdf_en/LegalCom/Womens_Rights_Commentary_389929723.pdf >
4
Article 146 and 147 of the Islamic Penal Code: <https://shenasname.ir/subjects/salamat/1571-mojazat92 >
5
The Family Protection Law, adopted on Feb 19, 2013: <https://shenasname.ir/subjects/family/1470 >; Universal Periodic Review,
Iran, 2019, <https://undocs.org/A/HRC/43/12 >
6
Islamic Penal Code: <https://shenasname.ir/subjects/salamat/1571-mojazat92>
7
Amnesty International, UPR submission 2019,
<https://www.amnesty.org/download/Documents/MDE1305732019ENGLISH.PDF >
8
Information from Impact Iran; see <www.tasnimnews.com/fa/news/1397/11/17/1941311/ >
1