Additionally, a large number of provisions under the Iranian Civil Code discriminate against
women and girls on the basis of their gender. These provisions notably include the legal age of
marriage,4 the share of inheritance,5 and the right to divorce.6 In the marriage relationship, the
Civil Code provides rights to the husband over those of the wife,7 such as establishing that the
position of the “head of the family” is the exclusive prerogative of the husband. Under Iranian law,
the husband is entitled to control aspects of his wife’s life8 and demand that she performs her
“duties”.9 The husband can legally restrict his wife’s right to movement. 10 11
Men also have a unilateral right to divorce their spouse, while women can only apply for divorce
in limited circumstances, including situations where their husband is addicted to drugs,
imprisoned, refuses to support the family financially12 or subjects his wife to “intolerable
hardship.”13 Recently, however, the government has drafted a bill titled “Limitation of the Right
of Men to divorce” that would restrict the “absolute right to divorce” of men and impose certain
conditions and restrictions. As of March 2021, the bill is in the very early stages and is being
considered by the Internal Commission. However, this bill is considered unlikely to be approved
by the Guardian Council and become law.14 It should further be noted that the bill was
introduced to limit the number of divorces and “maintain the family unit” rather than to address
discrimination on the basis of gender of the right to divorce.
B. It is recommended that the Government ensures that women enjoy full freedom and
rights to become equal partners in decision making at work
With regards to women’s right to work, a husband can prevent his spouse from pursuing an
occupation which he believes to be against family values or harmful to his or her reputation.15
There is no law prohibiting an employer from seeking a husband’s permission for a woman to
work, and employers have reportedly required engaged or married women to provide a written
statement of permission from their husbands in order to be hired.16 A number of provisions under
4
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
6
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
7
Articles 1102 to 1119, 1133 to 1142, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-theislamic-republic-of-iran/
8
For instance, under Article 1117 of the Civil Code of the Islamic Republic of Iran “The husband can prevent his wife from
occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife.”
https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
9
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
10
Article 1117, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
11
The Passport Law: https://rc.majlis.ir/fa/law/show/96904
12
Articles 1119, 1129, 1130 and 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-theislamic-republic-of-iran/
13
Articles 1130 and 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republicof-iran/
14
The Ten-Year Division for Divorce in Court (2019), https://bit.ly/3vzaZo8
15
Article 1117, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
16
Human Rights Watch, ‘It’s A Men’s Club’: Discrimination against Women in Iran’s Labour Market, May 2017
5
2