B. Bring its domestic laws and regulations into compliance with the Convention and ensure that the provisions of the Convention prevail whenever there is a conflict with the domestic law The legislation passed by Iran’s Parliament in order to ratify the Convention on the Rights of the Child echoes the Government’s reservation and only adopts the Convention into Iran’s legal framework, “provided that if at any time or for any reason its content should contradict domestic laws or Islamic standards, the Islamic Republic of Iran is not obligated to adhere to it.”5 In other words, the Convention is limited by uncodified interpretive Islamic law and is also subservient to and superseded by other national laws.6 The Iranian Islamic Penal Code (2013) is largely based on the Government’s interpretation of Islamic Sharia precepts and contains provisions which directly discriminate between girls and boys under the criminal justice system. One of the most telling examples is the age of criminal responsibility, which is set at nine lunar years for girls (equivalent to eight years, nine months in solar years) and fifteen lunar years for boys (equivalent of fourteen years, seven months in solar years).7 The Islamic Republic of Iran has not increased the age of criminal responsibility for girls nor does it seem that the Government has been considering such a change. Child marriage continues to be permitted under Iranian law, yet the minimum age of marriage is different based on gender. The legal minimum age for marriage is 13 years old for girls and 15 years old for boys.8 However, children who have reached puberty can marry with parental consent and court approval.9 The predefined age of puberty under the Islamic Republic of Iran, and the age of legal majority, is 9 lunar years for girls and 15 lunar years for boys.10 Marriage before puberty is criminalised in accordance with Article 50 of the Family Protection Act11 and is punished under Article 646 of the Islamic Penal Code (2013).12 A bill that could potentially include the prohibition of forced and early marriage for girls under 1813 was under the Iranian Parliament’s review as of February 2021. Articles 19 and 34 of the Convention on the Rights of the Child states that sexual exploitation of children in any scenario must be prevented, including while in the care of a parent or a guardian. 5 The Law Allowing Accession of the Islamic Republic of Iran to the Convention on the Rights of the Child (“NBCRC Law”), (20 February 1994) 6 See more: NGO Joint submission to the Committee on the Rights of the Child, 2016 7 Criminal responsibility, Articles 140, 146 and 147 of the Islamic Penal Code, 2013 8 Article 1041 of the Civil Code as amended up until December 2000, NGO Impact Iran Coalition, Joint Submission to the Committee on the Rights of the Child, 2016, 9 Iran Human Rights Documentation Center 10 Committee on the Rights of the Child, 2016, CRC/C/IRN/CO/3-4, paras. 27–28 11 Universal Periodic Review, Iran, 2019 12 Islamic Penal Code (2013), Islamic Republic of Iran, Iran Human Rights Documentation Center 13 https://www.justice.gov/eoir/page/file/1203136/download; Iran Newspaper, ‘Hamsari ke zendegi nemikonad amma mamnou’ol khorouj mikonad [A spouse who doesn’t live but bans me from leaving the country],’ 4 October 2015, 2

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