2010.4 As of February 2021, the bill was being review by the Iranian Parliament.5 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 criminalising domestic
violence.”6 7 As of early February 2021, the available draft of the law8 suggested that the text
may be insufficient to protect women in Iran from discrimination and violence. Even though the
draft law may bring positive developments, it will remain limited by the Civil Code9, Family
Law10, and the Islamic Penal Code11, which contain provisions effectively discriminating against
women and fail to protect them adequately from violence.12
Although various Constitutional articles refer to non-discrimination, it should be noted that
beside the previously mentioned provisions, Iran does not have a comprehensive antidiscrimination law in place. The Iranian legal framework discriminates on the basis of gender as
well as religion and ethnicity.
A. Gender-based discrimination
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 (the Gregorian equivalent of eight years,
nine months) and fifteen lunar years for boys (the Gregorian equivalent of fourteen years, seven
months).13
Additionally, a large number of provisions under the Iranian Civil Code discriminate against
women. These provisions notably include the legal age of marriage,14 the share of inheritance,15
4
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
5
New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html
6
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
7
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).
8
https://shenasname.ir/laws/7023
9
The Civil Code: https://shenasname.ir/laws/6664
10
The Family Law: https://shenasname.ir/subjects/family/1470
11
The Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
12
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
13
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/
14
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
15
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
2