Concluding Observation Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
36(b)
Full recommendation:
Take legislative measures to abolish the death sentence for persons who committed a hudud or
qisas crime while under the age of 18 years, that is currently established in the Islamic Penal
Code without leaving any discretion to the courts.
Assessment using Impact Iran human rights indicators1
The execution of child offenders – children defined as human beings below the age of 18 years
old2 – is prohibited under international law, namely Article 37 of the Convention on the Rights
of the Child (“CRC”), Article 6(5) of the International Covenant on Civil and Political Rights
(“ICCPR”) and customary international law.3 Accordingly, the death penalty should not be
imposed for crimes committed by a person under 18 years old, regardless of their age at the time
of trial, sentencing or the execution of the capital punishment.4 Iran has ratified both the CRC
and ICCPR, thus it is explicitly obligated to prohibit such executions.
Yet, the laws in Iran, particularly the Islamic Penal Code of 2013 ("Islamic Penal Code”), still
impose death penalties for child offenders. Article 146 of the Islamic Penal Code establishes that
persons not considered mature are not responsible for any crimes. However, Article 147
stipulates that the age of maturity (and therefore, criminal responsibility) for girls is 9 years old
and for boys 15 years old. Therefore, child offenders of these ages and above may be punished
under that law,5 including for all crimes that include the death penalty in Iran, such as qisas
(retribution in kind) for the crime of murder,6 and hudad (punishments fixed by God).7 In Iran,
qisas and hudad are offences that carry mandatory punishments such as death, with no
consideration as to mitigating factors such as the offender’s age.
Iran has undertaken several legislative reforms attempting to restrict death sentences for child
offenders. On 12 May 2020, Iran introduced the Law on Protection of Children and
Adolescents,8 which seeks to provide alternative punishments to capital punishment for persons
1
CCPR.6.5.S.1; CRC.6.1.S.2;
CCPR.6.5.P.1;
CCPR.6.5.O.1; CCPR.6.5.O.2
2
CRC Article 1.
3
See Commission on Human Rights resolution 2003/67.
4
CRC General Comment No. 10 "Children’s rights in juvenile justice” (2007), para 75,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGC%2f10&Lang=en
5
Article 147 of the Islamic Penal Code.
6
For instance, if a person cuts off someone else’s finger, the victim may inflict the same punishment onto the perpetrator.
7
Article 279 of the Islamic Penal Code states: “Moharebeh is defined as drawing a weapon on the life, property or chastity of
people or to cause terror as it creates the atmosphere of insecurity.”
8
See https://shenasname.ir/laws/6788
1