Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
34
Full recommendation:
In the light of its general comment No. 14 (2013) on the right of the child to have his or her best
interests taken as a primary consideration, the Committee recommends that the State party revise
its Civil Law accordingly and strengthen its efforts to ensure that this right is appropriately
integrated and consistently interpreted and is applied in all legislative, administrative and judicial
proceedings and decisions as well as in all policies, programmes and projects that are relevant
to, and have an impact on, children. In this regard, the State party is encouraged to develop
procedures and criteria to provide guidance to all relevant persons in authority for determining
the best interests of the child in every area and for giving this due weight as a primary
consideration.
Assessment using Impact Iran human rights indicators1
A. Revise its Civil Law accordingly and strengthen its efforts to ensure the right of the
child to have his or her best interests taken as a primary consideration is
appropriately integrated and consistently interpreted and is applied in all legislative,
administrative and judicial proceedings and decisions as well as in all policies,
programmes and projects that are relevant to, and have an impact on, children
Access to justice is guaranteed in Iran under Article 34 of the Constitution, which states that: “It
is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens
have the right to access such courts, and no one can be barred from courts to which he has a legal
right of recourse.”2 According to the Iranian Civil Code, all persons are entitled to civil rights but
nobody can utilise and employ these rights unless they possess the legal capacity to do so.3 Only
children over the age of 15, who are legally deemed mature, may bring a case to the courts
unassisted, however,4 all other children need to bring cases through their legal guardian.5 The
father’s consent is needed to initiate legal proceedings, except where the father is the person against
whom a complaint is made or he is unavailable to provide his consent.6
1
CRC.12.2.S.1; CCPR.37.4.S.2
CRC.12.2.P.1; CCPR.37.4.P.2
CRC.12.2.O.1; CCPR.37.4.O.2
2
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
3
Civil Code art. 958.
4
Civil Code, art. 1210
5
Civil Code, art. 1210
6
For example see article 1172 of the Civil law.
1