As a result, the Islamic Republic of Iran’s legislative framework is insufficient to combat
domestic violence and marital rape.30 In 2017, the Special Rapporteur on the situation of human
rights in the Islamic Republic of Iran found that Article 1108 of the Iranian Civil Code, which
obliges wives to fulfill the sexual needs of their husbands at all times, “might even condone
sexual abuse”.31
In November 2019, the Islamic Republic of Iran rejected States’ UPR recommendations asking
for the criminalisation of domestic violence and marital rape.32
Iran’s Civil Code forbids a woman from leaving the matrimonial home without the husband’s
permission unless she is able and willing to go to court to prove that she is endangered.33 The
Civil Code specifies that a woman who decides to leave the marital home will not receive
alimony from her husband, which may well function as a deterrent for women to exercise their
freedom of movement. According to Article 18 (3) of the Passport Law, a woman needs a written
permission from her husband to obtain a passport.34 In addition, the husband has the right to
forbid his wife to leave the country, regardless of whether she holds a passport. In exceptional
cases, the county prosecutor can authorise the issuance of a passport for a woman. However,
only a few exceptions have been made so far.35 Previously, a bill was introduced before the
Iranian Parliament to amend the Passport Law, in the attempt to eliminate the absolute right of a
husband over his spouse to travel outside of the country. However, this attempt failed as the bill
did not go through the legislative process.36 In 2017, a draft law that sought to allow women with
particular jobs – notably athletes and artists- to travel outside the country without their husband’s
consent, provided that they secure the permission of the prosecutor-general, was introduced
before the Parliament. 37
Women in Iran are obliged to wear the Islamic hijab [headscarf] in public, including in the
workplace regardless of their religion, cultural practice or belief.38 The mandatory dress code is
commonly understood, by society, as being loose-fitting clothing and a headscarf worn by some
Muslim women. Women who do not wear a hijab that conforms with the authorities’
30
See more: Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexualviolence-in-iran/
31
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 2017,
https://www.refworld.org/docid/58bd7e2b4.html
32
Recommendations 26.253, 26.254, Universal Periodic Review, Iran, 2019, https://undocs.org/en/A/HRC/43/12/Add.1
33
Article 1117 of the Civil Code.
34
The Passport Law: https://rc.majlis.ir/fa/law/show/96904
35
For example, Niloufar Ardalan, a player in the Iranian women's futsal team, was unable to leave the country and participate in
competitions due to her husband's opposition. An issue that led to the issuance of a temporary permit with the intervention of the
Tehran prosecutor and a temporary court order. https://www.asriran.com/001opM
36
The latest status of the plan "Women leave the country without the permission of their husbands", www.tabnak.ir/003GUK
37
Asriran News Agency, ‘Mowlaverdi : Tarh-e- eslaah-e-gozarnameh baraye khourouj-e-zanan az keshvar dar Majles barrasi
mishavad [Mowlaverdi: The draft bill on the amendments to the passport law allowing women to leave the country will be
discussed in the Parliament], 28 July 2017, https://bit.ly/330XCyC
38
Article 638 of the IPC.
4