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 conformity
with Islamic criteria” has often resulted in provisions that discriminate or have a discriminatory
impact on various grounds, including gender.
B. The Special Rapporteur further calls on the Government to amend laws that violate
the rights of women, including the right to freedom of movement
Iran’s 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 that she is endangered.3 The
Civil Code specifies that a woman who decides to leave the marital home will not receive
alimony from her husband, which may well function as a deterrent for women to exercise their
freedom of movement. According to Article 18 (3) of the Passport Law, a woman needs written
permission from her husband to obtain a passport.4 In addition, the husband has the right to
forbid his wife to leave the country, regardless of whether she holds a passport. In exceptional
cases, the county prosecutor can authorise the issuance of a passport for a woman; however, only
a few exceptions have been made so far.5 Previously, a bill was introduced before the Iranian
Parliament to amend the Passport Law, attempting to eliminate the absolute right of a husband
over his spouse to travel outside of the country. However, this attempt failed as the bill did not
go through the legislative process.6 In 2017, a draft law that sought to 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 prosecutor-general, was introduced
before the Parliament. 7
The Government of the Islamic Republic of Iran has not ensured women’s and girls’ freedom of
movement.
3
Article 1117 of the Civil Code.
The Passport Law: https://rc.majlis.ir/fa/law/show/96904
5
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
6
The latest status of the plan "Women leave the country without the permission of their husbands", www.tabnak.ir/003GUK
7
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
4
2