belief”. 5 The Constitution also protects the right for all to choose a profession that is “not
contrary to Islam”6 and guarantees free education, up till secondary school, for everyone.7
However, as freedom of religion or belief is not legally protected under Iranian legislation and as
the enjoyment of economic, social and cultural rights is conditional on whether an individual is
“in conformity with Islamic criteria”, religious and ethnic minorities’ rights are not adequately
protected under the Iranian legal framework. In practice, this leads to the discrimination of
members of religious minorities in Iran.
Reports have shown that religious minorities, recognized and not recognized, in the Islamic
Republic of Iran face human rights violations, such as arbitrary deprivation of life and
extrajudicial executions, a disproportionate number of executions on national security-related
charges, arbitrary arrests and detention in connection with a range of peaceful activities,
incitement to hatred, forced closure of businesses, discriminatory practices and denial of
employment, and restrictions to accessing education and other basic services.8 A new rule
proclaimed in January 2020, will only allow citizens to register as belonging to one of the
country’s recognised religions, in order to obtain the state-issued National Identity Card—which
is required for almost all administrative and other procedures. 9
Employment in the public sector is based on the practice of gozinesh, a mandatory screening
process set forth in the Selection Law based on Religious and Ethical Standard of 1995.10 As
described by the Special Rapporteur on the situation of human rights in the Islamic Republic of
Iran, the process “involves investigations conducted by the Supreme Selection Council and the
Ministry of Intelligence into the acceptability of an applicant’s beliefs, previous political
opinions and affiliations” and is intended to ensure that applicants “adhere to and have
knowledge of Islam, follow the theory of Velayat-e-faqih (rule of an Islamic jurist under Shi’ite
Islam) and are loyal to the Islamic Republic of Iran.”11 Not only does gozinesh contradict Article
23 of the Constitution, it also bars minorities, or anyone who is unable or unwilling to accept
these requirements, from seeking employment in the public sector.12 Members of religious and
ethnic minorities have reportedly been the target of denial of employment in the Islamic
Republic of Iran.13 For example, members of the Yarsan community reported that they were
5
Ibid.
Article 28, The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
7
Article 30, The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
8
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
9
Center for Human Rights in Iran, https://www.iranhumanrights.org/2020/01/bahais-unrecognized-minorities-in-iran-must-nowhide-religion-to-obtain-government-id/
10
Amnesty International, 2012, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/
11
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://undocs.org/A/74/188
12
Ibid.
13
Ibid.
6
2