family’ is the exclusive prerogative of the husband. Under Iranian law the husband is entitled to
control aspects of his wife’s life24 and demand that she performs her ‘duties’.25
B. The criminal and civil justice system
Article 20 of the Constitution of the Islamic Republic of Iran 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 of the Constitution emphasises that “the government must ensure the
rights of women in all respects, in conformity with Islamic criteria”.26 While these provisions
supposedly safeguard the human rights of women and protect them from discrimination, such
legal guarantees exist as long as they are in conformity with “Islamic criteria.” The room of
interpretation allowed under the 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.
The Iranian Islamic Penal Code (2013) is largely based on the Government’s interpretation of
Islamic Sharia precepts and contains provisions which directly discriminate between girls and
boys under the criminal justice system. One of the most telling examples is the age of criminal
responsibility, which is set at nine lunar years for girls (the Gregorian equivalent of eight years,
nine months in solar years) and fifteen lunar years for boys (the Gregorian equivalent of fourteen
years, seven months in solar years).27 The Islamic Republic of Iran has not increased the age of
criminal responsibility for girls nor does it seem that the Government is considering such a
change.
Other provisions under the Iranian criminal justice system discriminate between girls and boys.
To name a few, a girl over the age of nine or a woman’s testimony is valued at half that of a
man’s28 or not even considered29 in some proceedings. The Islamic Penal Code (2013) also
penalises women and girls over the age of nine who do not comply with Islamic dress code in
public, notably with wearing the compulsory hijab.30
24
For instance, under Article 1117 of the Civil Code of the Islamic Republic of Iran “The
husband can prevent his wife from occupations or technical work
which is incompatible with the family interests or the dignity of himself or his wife.” https://iranhrdc.org/the-civil-code-of-theislamic-republic-of-iran/
25
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
26
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
27
Criminal responsibility, Articles 140, 146 and 147 of the Islamic Penal Code, 2013 https://iranhrdc.org/english-translation-ofbooks-i-ii-of-the-new-islamic-penal-code/
28
Islamic Penal Code, 2013, Articles 74, 75 199, English Translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-one-book-two/
29
Islamic Penal Code, 2013, Article 119, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-one-book-two/
30
Islamic Penal Code, 2013, Article 638, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
3