progress of the bill, which has been under review since 201021 and as of February 2021 is under
the review of the Iranian Parliament.22 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.”23 24 As of early February 2021, the available
draft of the law25 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 Code26, the Family Law27, and the Islamic Penal Code28, which
contain provisions effectively discriminating against women and fail to protect them adequately
from violence.29 In November 2019, the Islamic Republic of Iran rejected States’ UPR
recommendations asking for the criminalization of domestic violence and marital rape.30
While investigations may be conducted in cases of alleged rape, there is no readily available
information that would indicate that such procedures are appropriate and that all cases are
promptly, impartially and independently investigated. Women victims of rape have very limited
access to justice, notably because of the witness burden and the risk of being accused of zina.
Additionally, added to the Iranian legal framework which discriminates against women, the
decision on whether rape occurred overly relies on the judge’s subjective ‘knowledge’.
Recommendation Status:
This recommendation has NOT been implemented.
21
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
22
New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html
23
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
24
See Radio Farda https://en.radiofarda.com/a/new-watered-down-draft-law-on-violence-against-women-iniran/30173089.html ;
and ISNA www.isna.ir/news/98071612729/ (in Farsi).
25
https://shenasname.ir/laws/7023
26
The Civil Code: < https://shenasname.ir/laws/6664 >
27
The Family Law: < https://shenasname.ir/subjects/family/1470 >
28
The Islamic Penal Code: <https://shenasname.ir/subjects/salamat/1571-mojazat92 >
29
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
30
Recommendations 26.253, 26.254, Universal Periodic Review, Iran, 2019, https://undocs.org/en/A/HRC/43/12/Add.1
3