Special Rapporteur on violence against women, its causes and consequences
E/CN.4/2006/61/Add.3 para.72 (f)
Full recommendation:
With a view to the adoption and observation of international human rights standards the Special
Rapporteur recommends that the Government: (f) Implement the provisions of the Declaration
on Human Rights Defenders in order to ensure that women human rights defenders are able to
carry out their work with full autonomy and without being subjected to retaliation by the State or
other actors.
Assessment using Impact Iran human rights indicators1
The UN Declaration on Human Rights Defenders (HRDs), adopted by consensus by the UN
General Assembly in 1998, recognises the role of HRDs in the advancement of human rights.
The Declaration also mentioned that specific measures are needed to guarantee the protection of
HRDs due to their exposure to additional and specific risks. While the Declaration is not a
binding document, it articulates existing international human rights norms in a context applicable
to the work of HRDs. Notably, the Declaration reiterates the States’ have a duty to protect the
right to freedom of expression,2 assembly3 and association4 for all, and specifically calls on
States to guarantee these rights as they are crucial for any type of human rights work.5
Article 27 of the Constitution of the Islamic Republic of Iran6 ostensibly protects the right to
freedom of peaceful assembly, so long as it is not “in violation of the fundamental principles of
Islam”. There are no clear definitions or criteria that define what constitutes “fundamental
principles of Islam” thus, granting the State significant discretion to restrict the right of peaceful
assembly when it is considered to be in violation of these fundamental principles. Similar
restrictions can also be found under Article 2 of the Law on Political Crimes, adopted in 2016,
which stipulates that participation in an unauthorised assembly, even if it is peaceful, can
effectively be considered a political offence.7
1
CCPR.19.2.S.1; CCPR.19.3.S.1; CCPR.21.1.S.1; CCPR.22.1.S.2; CCPR.21.1.P.1; CCPR.21.1.P.2; ; CCPR.19.2.O.2;
CCPR.19.2.O.5; CPPR.21.1.O.2 ; CCPR.21.1.O.3; CCPR.22.1.O.1
2
Article 19, International Covenant on Civil and Political Rights
3
Article 21, International Covenant on Civil and Political Rights
4
Article 22, International Covenant on Civil and Political Rights
5
OHCHR, https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx
6
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
7
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
1