guarantees that all citizens of Iran, men and women, enjoy the equal protection of the law and of
rights, “in conformity with the Islamic criteria.” Article 21 emphasises that “the government
must ensure the rights of women in all respects, in conformity with Islamic criteria”. According
to Article 4 of the Constitution, the Guardian Council of the Islamic Republic of Iran is entrusted
with the definition and determination of the framework of what constitutes the “Islamic criteria”
or standards. Among the 12 non-elected members of the Guardian Council, only the six male
clerics directly appointed by the Supreme Leader are responsible for such task. While the
aforementioned provisions supposedly safeguard the human rights of women and protect them
from discrimination, such legal guarantees exist as long as they are in conformity with “Islamic
criteria.” The room of interpretation of what is deemed to be “in conformity with Islamic
criteria” has often resulted with provisions that discriminate or have a discriminatory impact on
various grounds, including gender.
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 of eight years, nine months of
the Gregorian calendar) and fifteen lunar years for boys (equivalent of fourteen years, seven
months of the Gregorian calendar).4 The Islamic Penal Code (2013) penalises women and girls
over the age of nine who do not comply with the Islamic dress code in public, notably with the
rule of wearing the compulsory hijab.5 6
Additionally, a large number of provisions under the Iranian Civil Code are discriminatory
towards women. These provisions notably include the legal age of marriage,7 the share of
inheritance,8 and the right to divorce.9 In marriage, the Civil Code provides rights to the husband
over those of the wife,10 notably by 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 life11 and can demand that she perform her ‘duties’.12 The legal minimum
4
Criminal responsibility, Articles 140, 146 and 147 of the Islamic Penal Code, 2013 https://iranhrdc.org/english-translation-ofbooks-i-ii-of-the-new-islamic-penal-code/
5
Islamic Penal Code, 2013, Article 638, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
6
See more: Minority Rights, Beyond the Veil: Discrimination against women in Iran, 2019, https://minorityrights.org/wpcontent/uploads/2019/09/MRG_CFR_Iran_EN_Sept191.pdf
7
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
8
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
9
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
10
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/
11
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-theislamic-republic-of-iran/
12
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
2