excludes other forms of penetration- and only when the perpetrator and the victim are
unmarried -therefore explicitly excludes marital rape.10 Beyond rape, no other form of sexual
assault is specifically criminalized under the Islamic Penal Code.11
As a result, the Islamic Republic of Iran’s legislative framework is insufficient to combat
domestic violence and marital rape.12 In 2017, the Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran found that Article 1108 of the Iranian Civil
Code, which obliges wives to fulfill the sexual needs of their husbands at all times, “might
even condone sexual abuse”.13
During its last Universal Periodic Review (November 2019) the Government of the Islamic
Republic of Iran stated that the Act on Protection, Dignity and Security of Women against
Violence, will be “aimed at criminalizing new forms of assault, harassment and violations of
the rights of women and adopting preventive and support measures to stop violence against
women.”14 In January 2020, the U.N. Secretary General expressed concerns about the slow
progress of the bill, which has been under review since 201015 and as of February 2021 is
under the review of the Iranian Parliament.16 The draft bill will then need to be vetted by the
Guardian Council. The Secretary General also noted that “critical articles were reportedly
removed from the initial proposal of the Executive, including provisions protecting women
from various forms of violence and criminalizing domestic violence.”17 18 As of early
February 2021, the available draft of the law19 suggests that the text may be insufficient to
protect women in Iran from discriminations and violence. Even though the draft law may
bring positive developments, it will remain limited by the Civil Code20, the Family Law21, and
the Islamic Penal Code22, which contain provisions effectively discriminating against women
and fail to protect them adequately from violence.23 In November 2019, the Islamic Republic
of Iran rejected States’ UPR recommendations asking for the criminalization of domestic
violence and marital rape.24
10
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-iniran/
11
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-iniran/
12
See more: Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexualviolence-in-iran/
13
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 2017,
https://www.refworld.org/docid/58bd7e2b4.html
14
Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12
15
Ceasefire Centre for Civilian Rights, Centre for Supporters of Human Rights and Minority Rights Group International
September 2019, https://www.justice.gov/eoir/page/file/1203136/download
16
New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html
17
Report of the Secretary General, Situation of human rights in the Islamic Republic of Iran, 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_SecretaryGeneral_on_the_situation_of_human_rights_in_the_Islamic_Republic_of_IranA4320.pdf
18
See Radio Farda https://en.radiofarda.com/a/new-watered-down-draft-law-on-violence-against-womeniniran/30173089.html ; and ISNA www.isna.ir/news/98071612729/ (in Farsi).
19
https://shenasname.ir/laws/7023
20
The Civil Code: < https://shenasname.ir/laws/6664 >
21
The Family Law: < https://shenasname.ir/subjects/family/1470 >
22
The Islamic Penal Code: <https://shenasname.ir/subjects/salamat/1571-mojazat92 >
23
This information is up-to-date and accurate as of early February 2021. For more up to date information on the passage of
this bill, please click the following link: http://www.impactiran.org/vawbill
24
Recommendations 26.253, 26.254, Universal Periodic Review, Iran, 2019, https://undocs.org/en/A/HRC/43/12/Add.1
2