Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/31/69 para 69
Full recommendation
The Special Rapporteur calls on the Government to amend laws that violate the rights of women
or that undermine their equal and full enjoyment of civil, political, social and economic rights,
including the rights to freedom of movement and work and the right to be free from
discrimination, especially in the workplace. Draft legislation currently under consideration that
appears to infringe on these rights and that may incite violence against women should be
reconsidered as a means of addressing national and international concern. The Government
should also reconsider laws that insist that women must seek permission to travel from their
spouses, and he urges the Islamic Republic of Iran to protect children born within its jurisdiction
by facilitating the ability of women to pass on their citizenship to their sons and daughters.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur calls on the Government to amend laws that violate the
rights of women or that undermine their equal and full enjoyment of civil, political,
social and economic rights, including the rights to freedom of movement and work
and the right to be free from discrimination, especially in the workplace
Article 3 of the Constitution of the Islamic Republic of Iran stipulates that the State has a duty 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
with defining and determining 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 only exist as long as they are in conformity with
“Islamic criteria.” The opportunity for interpretation allowed under qualifications such as “in
1
CCPR.2.1.S.1; CCPR.2.2.S.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.23.4.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.2.1.P.2; CCPR.2.3.P.1; CCPR.3.1.P.3; CCPR.16.1.P.1; CCPR.23.2.P.1; CCPR.2.3.P.1; CCPR.23.2.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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