made so far.71 Previously, a bill was introduced to the Iranian Parliament to amend the passport
law and eliminate the absolute right of husband over their spouse to travel outside of the country,
which failed and did not go through the legislation process.72 In 2017, a draft law that would
allow women with particular jobs – notably athletes and artists- to travel outside the country
without their husband’s consent, provided that they secure the permission of the prosecutorgeneral, was introduced to the Parliament. 73
There is no readily available information that would indicate that the Government of the Islamic
Republic of Iran is reconsidering laws that insist that women must seek permission to travel from
their spouses.
D. The Special Rapporteur 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.
The Iranian government passed a new law in 2020 that enables Iranian mothers who married a
foreign national to pass on their nationality to their children, provided that they have been
cleared by national security checks carried by the Intelligence Ministry and the Islamic
Revolutionary Guard Corps’ intelligence organization.74 The law, entitled “Granting Citizenship
to Children Resulting from Marriage Between Iranian Women and Non-Iranian Men” was
approved by the Guardian Council on October 2nd, 2019.75 Before this date, Article 976 of the
Iranian Civil Code provided that only children born of Iranian fathers could be granted
citizenship.
There is no official and readily available information as to the impact of the law in practice.76
The law is expected to contribute to granting citizenship to around 500,000 children (mostly
children of Afghan refugees and Iranian women) who had, until now, been deprived of a legal
avenue for obtaining an Iranian birth certificate.77
71
For example, Niloufar Ardalan, a player in the Iranian women's futsal team, was unable to leave the country and participate in
competitions due to her husband's opposition. An issue that led to the issuance of a temporary permit with the intervention of the
Tehran prosecutor and a temporary court order. <https://www.asriran.com/001opM >
72
The latest status of the plan "Women leave the country without the permission of their husbands", <www.tabnak.ir/003GUK>
73
Asriran News Agency, ‘Mowlaverdi : Tarh-e- eslaah-e-gozarnameh baraye khourouj-e-zanan az keshvar dar Majles barrasi
mishavad [Mowlaverdi: The draft bill on the amendments to the passport law allowing women to leave the country will be
discussed in the Parliament], 28 July 2017, https://bit.ly/330XCyC
74
Radio Farda: <https://en.radiofarda.com/a/children-with-iranian-mothers-foreign-fathers-to-receive-citizenship/30652718.html>
75
https://rrk.ir/Laws/ShowLaw.aspx?Code=22043
76
ISNA< https://www.isna.ir/news/98071007927/ >
77
ISNA< https://www.isna.ir/news/98071007927/ > ; < "https://www.unhcr.org/ir/fa/2020/12/01/75000-children-in-iran-togain-nationality-under-new-law/" >
8
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