3. Freedom to manifest one’s religion or beliefs may be subject only to such
limitations as are prescribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of
others (Article 18.3)
Article 14 of the Constitution sets out that the government and Muslims in Iran are “duty-bound
to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and
equity, and to respect their citizen rights”. Articles 23 to 27 of the Constitution provide for freedom
of expression, assembly and association as well as the freedom to practice ones’ religion. However,
this duty applies only to those “who refrain from engaging in conspiracy or activity against Islam
and the Islamic Republic of Iran,” a charge that is regularly held against certain religious
minorities. A bill currently under review of the Iranian Parliament as of November 2020 would
criminalize “any deviant educational or proselytizing activity that contradicts or interferes with the
sacred law of Islam” when it is, among others, part of a “sect,” or through the use of “mind control
methods and psychological indoctrination.” However, as stipulated by the Human Rights
Committee, the mere ‘contradiction’ or ‘interference’ with the state’s official religion is not a
permissible ground for the restriction of the right to religion or belief.37 Additionally, such bill may
well disproportionately impact individuals belonging to unrecognized religious minorities, such as
Baha’is, often arrested and detained on the basis of their religious beliefs notably on the charge of
proselytizing the Baha’i faith.38
According to the Government, the Charter of Citizenship Rights, decreed by the President in 2016,
functioned as an administrative mechanism providing guidance for the implementation of the
principles, norms and laws stipulated in the Constitution.39 Article 26 of the Charter stipulates that
“the Government shall, according to the law, guarantee freedom of speech and expression.”40
Article 43 of the Charter provides that citizens of the Islamic Republic of Iran “have the right to
form, join and participate in political parties, societies, social, cultural, scientific, political and
trade associations and non-governmental organizations in compliance with the law.”41 In practice
the mechanism does not resolve the absence of legal protection for religion minorities against
discriminations.
The lack of legal safeguards enables the Iranian authorities to criminalize activities such as
attending a house church or being part of religious conferences as criminal acts on the basis that
they can threaten the existence of the Islamic Republic and thus constitute a national security
37
UN Human Rights Committee (HRC), CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or
Religion), 30 July 1993, CCPR/C/21/Rev.1/Add.4, available at: https://www.refworld.org/docid/453883fb22.html
38
ARTICLE19, https://www.article19.org/resources/iran-lawmakers-must-urgently-drop-the-bill-that-criminalises-fundamentalrights-and-freedoms/
39
Report of the Working Group on the Universal Periodic Review Islamic Republic of Iran, 27 December 2019,
https://undocs.org/A/HRC/43/12
40
Charter of Citizen’s Rights English translation, December 2016, http://president.ir/en/96865
41
Charter of Citizen’s Rights English translation, December 2016, http://president.ir/en/96865
6
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