or include a fictional name, which immediately identifies the child as illegitimate, thus enabling
discrimination 33.
C. Asylum-seeking and refugee children
Article 20 of the Constitution restricts the protection of the law and enjoyment of all human,
economic social and cultural rights to citizens of the Islamic Republic of Iran.34
In 2015, the Supreme Leader issued a decree enabling all Afghan children to attend public
schools.35 Following the decree, the government engaged in a number of improvements for
refugees and undocumented Afghans, notably by creating an educational support card for
undocumented Afghan children, or enabling their enrolment up to secondary school. 36 37 In
2019, UNHCR reported 480,000 Afghan children benefitting from these inclusive education
policies, including 130,000 undocumented Afghan children.38
Additionally, the Iranian government passed a new law in June 2020 that would allow for the
granting of citizenship to children born of an Iranian mother and a foreign father,39 provided that
they have been cleared by national security checks carried by the Intelligence Ministry and the
Islamic Revolutionary Guard Corps’ intelligence organisation.40 Due to the fact that this new law
has been put into circulation fairly recently, there aren’t any statistical figures to demonstrate its
effectiveness.41 The new law would reportedly, and in theory, allow 800,000 children (mostly
children of Afghan refugees and Iranian women) to seek citizenship and therefore facilitate their
access to State services who had, until now, been deprived of a legal avenue for obtaining an
Iranian birth certificate.
Despite this recent measure, asylum-seeking and refugee children face discrimination in the
Islamic Republic of Iran, including in accessing education. Many refugee children are believed
to be out of school. 42 For instance, although refugees are exempt from paying school fees, other
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/#44 and https://www.refworld.org/cgibin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5447c9274
://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf
34
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
35
UN News, https://www.unhcr.org/news/stories/2019/12/5defcb6f4/afghan-children-learn-side-side-iranian-peers.html
36
https://www.alnap.org/system/files/content/resource/files/main/UNESCO-Final-Background-Paper.pdf
37
Ibid.
38
UN News, https://www.unhcr.org/news/stories/2019/12/5defcb6f4/afghan-children-learn-side-side-iranian-peers.html
39
Radio Farda: https://en.radiofarda.com/a/children-with-iranian-mothers-foreign-fathers-to-receive-citizenship-/30652718.html
40
Center for Human Rights in Iran, https://iranhumanrights.org/2019/10/children-born-to-non-iranian-fathers-win-right-to-filefor-citizenship-with-a-catch/
41
Radio Farda: https://en.radiofarda.com/a/children-with-iranian-mothers-foreign-fathers-to-receive-citizenship-/30652718.html
42
Radio Farda, https://en.radiofarda.com/a/afghan-refugee-children-denied-education-due-to-governmentinaction/29579021.html
5
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