Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/70/411 para 98
Full recommendation:
He encourages the Government to amend laws that continue to undermine women’s full
enjoyment of civil political, social, and economic rights, including rights in family law, the right
to equal access to education and the right to work. Draft legislation currently under
consideration that appears to infringe on these rights raises serious concern, and should be
reconsidered.
Assessment using Impact Iran indicators1
A. Family law
According to Article 1042 of Iran’s 1969 Civil Code2, the father or the paternal grandfather of
the bride has to give his approval on her marriage, even if the bride has reached the age of
majority. The bride can request the Special Civil Court for permission if the father or paternal
grandfather do not give their permission. The Court will notify the father or paternal grandfather
and, if they do not send a response on the reasons of their refusal in fifteen days or if the reasons
do not warrant their refusal, then the bride will have permission to marry. There are however, no
known cases of this process ever taking place due to a lack of information.
Iran’s Civil Code3 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 she is in danger whilst Articles
1169 and 1171 of Iran’s 1969 Civil Code4 grant primacy on the guardianship of the child to the
father after the child has turned 2, if the child is a boy and 7 if the child is a girl. There have been
no changes to this law and thus the situation regarding this issue remains the same as the time of
the issuance of this recommendation. According to Iran’s Civil Code of 19695, Article 906
women have the right to inherit half as much as men from their deceased parents. There has been
no progress on changing this law and the situation of inequality in terms of inheritance
distribution still stands.
Article 1105 of Iran’s Civil Code6 states that “in relations between husband and wife, the
position of the head of the family is the exclusive right of the husband.” Article 1108 states that,
1
CCPR.3.S.1; ESCR.13.2.S.5; CCPR.26.S.1; CCPR.3.P.1; CCPR.26.P.1; ESCR.6.2.P.1; ESCR.13.2.P.12; CCPR.3..O.1;
ESCR.6.1.O.1; ESCR.13.2.O.11
2
Civil Code of the Islamic Republic of Iran: https://www.refworld.org/docid/49997adb27.html
3
Ibid.
4
Ibid.
5
Ibid.
6
Ibid.
1