and non-Muslim minorities from holding high governmental positions. 21 Further, Article 881 of
the Civil Code bars non-Muslims from inheriting property from Muslims. The Islamic Penal Code
(IPC) also prescribes different penalties depending on the religion of the perpetrator and/or the
victim of some crimes.
Such shortcomings in the legal framework set the structure for the institution of discriminatory
policies and practices in the Islamic Republic of Iran. In terms of discrimination in access to
employment, while Iranian law theoretically forbids the investigation of individual beliefs,22
discrimination in access to employment is institutionalized through the practice of gozinesh, a
mandatory screening process set forth in the Selection Law based on Religious and Ethical
Standard of 1995.23 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.”24 Not only is gozinesh in contradiction
of Article 23 of the Constitution, it also bars minorities or anyone who are unable or unwilling to
accept these requirements from seeking employment in the public sector.25 Members of religious
and ethnic minorities have reportedly been the target of denial of employment in the Islamic
Republic of Iran.26 27 For example, members of the Yarsan community reported the denial of public
sector jobs through the application of gozinesh requirements. 28 29
Reports have shown that religious minorities 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 range of peaceful activities, incitement to hatred, forced closure of businesses and
discriminatory practices and denial of employment and restrictions on access to education and
21
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
22
Article 23 The Constitution of the Islamic Republic of Iran
http://www.iranchamber.com/government/laws/constitution_ch03.php
23
Amnesty International, 2012, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/
24
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
25
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
26
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
27
Baha’i International Community, Submission to the Universal Periodic Review of Iran, 2019,
https://undocs.org/A/HRC/WG.6/34/IRN/3
28
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
29
www.iranhumanrights.org/2017/05/most-yarsani-religious-minority-candidates-disqualified- from-irans-2017-councilselections/
4