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

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