Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/HRC/22/56 para 78(f) Full recommendation: Examine and address those laws that contravene its international obligation to eliminate all forms of discrimination in law and practice. These include those laws and policies that undermine gender equality and women’s rights, and that discriminate against religious and ethnic minorities, and members of the lesbian, gay, bisexual, and transgender community in the country. Assessment using Impact Iran human rights indicators1 A. Gender equality and women’s rights Article 3 of the Constitution of the Islamic Republic of Iran stipulates that it is a duty of the State 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 of the Constitution 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 emphasizes that “the government must ensure the rights of women in all respects, in conformity with Islamic criteria”. 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.” According to Article 4 of the Constitution the Guardian Council of the Islamic Republic of Iran is entrusted with the definition and determination of 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 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 1 CCPR.2.1.S.1; CCPR.2.2.S.1; CCPR.3.1.S.1; CCPR.3.1.S.4; CCPR.23.4.S.1 CCPR.2.1.P.2; CCPR.2.3.P.1; CCPR.3.1.P.3; CCPR.23.2.P.1 CCPR.2.3.O.4; CCPR.3.1.O.4; CCPR.18.2.S.1; CCPR.18.2.P.1; CCPR.18.2.O.1l; ESCR.2.2.S.1; ESCR.2.2.P.1; ESCR.2.2P.2; ESCR.2.2.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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