that judicial actions are taken in response to complaints.39 Hate crimes, such as motivated
killings and desecration of cemeteries, particularly against Baha’is, have not been investigated by
the Iranian authorities.40 41
According to the Human Rights Committee “freedom to “have or to adopt” a religion or belief
necessarily entails the freedom to choose a religion or belief, including the right to replace one’s
current religion or belief with another or to adopt atheistic views, as well as the right to retain
one’s religion or belief”.42 The constant threat of being persecuted may well amount to attempts
from the Iranian State to prevent individuals from converting to a religion or belief. In the
context of a State that considers itself Shia by law, such measures imposing restrictions on the
basis of religion or belief may well amount in practice to coercion to renounce or to convert to a
minority faith and as such are incompatible with the prohibition of discrimination based on
religion or belief under Article 18 of the Covenant. The Human Rights Committee stipulated that
the “recognition of a religion as a State religion should not result in any impairment of the
enjoyment of any of the rights under Article 18, nor in any discrimination against adherents of
other religions or non-believers, since the right to freedom of religion and belief and the
prohibition of discrimination do not depend on the recognition as an official religion or belief”. 43
Iranian penal sanctions, policies and practices instituted against religious minorities may well
amount to attempts to compel believers or non-believers to adhere to their religious belief and
congregations, to recant their religion or belief or to convert. The Human Rights Committee has
stated that such conducts are inconsistent with Article 18 of the ICCPR.44
C. Freedom to manifest one’s religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order, health, or
morals or the fundamental rights and freedoms of others (Article 18.3)
Article 14 of the Constitution sets out that the government and Muslims in Iran are “duty-bound
to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and
equity, and to respect their citizen rights”. Articles 23 to 27 of the Constitution provide for
39
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
40
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
41
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
42
UN Human Rights Committee (HRC), CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or
Religion), 30 July 1993, CCPR/C/21/Rev.1/Add.4, available at: https://www.refworld.org/docid/453883fb22.html
43
Human Rights Committee Concluding Observations, 3 August 1993, CCPR/C/79/Add.25
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2f79%2fAdd.25&Lang=en
44
CCPR General Comment No. 22: Article 18 < https://www.refworld.org/docid/453883fb22.html>
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