custody over their children, access housing, or file for divorce. For example, if a boy marries when he is 15 years old but cannot pay the dowry (to his wife) before he turns 18 years old, it is unclear who would bear responsibility for that debt. Girls face longer lasting and further challenges in terms of legal rights regarding their marriage and family, since their minimum age of marriage is 13 years old (2 years younger than for boys) and they also have access to certain rights restricted based on their gender. Regardless of their age, married girls and women face significant legal obstacles in accessing equal rights to men during their marriage or at its dissolution, contrary to their right to gender equality. Within Iran’s Civil Code (“Civil Code”), there is inequality in the rights of husband and wife during marriage (Articles 1102 to 1119 and 1133 to 1142) and in the custody of children (Articles 1169 to 1173 of the Civil Code). For instance, Article 1117 of the 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. This leaves Iranian women deeply vulnerable to violence, including marital rape (which is not recognized in the law) or other physical harms, and financial disadvantage because of the legal stipulation that if a woman leaves the marital home, she is not subject to alimony. Moreover, Article 1105 of the Civil Code stipulates that “[i]n relations between husband and wife, the position of the head of the family is the exclusive right of the husband”, which puts girls and women in weaker positions with regard to household decision making, including financial matters, or in receiving job benefits that are given to the head of the family. Under Article 1108 of the Civil Code, “[i]f the wife refuses to fulfill the duties of a wife without a legitimate excuse, she will not be entitled to the cost of maintenance (alimony),” which creates a significant power imbalance within a marital relationship. There is also gender inequality regarding the right to divorce. Article 1133 of the Civil Code grants the husband the legal right to divorce his wife at any time, or to oppose a divorce. Women may file for divorce in court, yet this is subject to certain, more onerous preconditions – namely, she must provide various documents and reasons for the divorce. Overall, there is considerable legal ambiguity and obstacles regarding the rights of married children to file a complaint in family matters. This systemic uncertainty undermines the ability of married children to access equal rights, further increasing their vulnerability to human rights violations. Even if they have equal rights to those who have reached the age of legal responsibility, girls face further barriers in accessing legal avenues on the basis of their gender. Recommendation Status: This recommendation has NOT been implemented. 4

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