The Iranian legal framework does not protect adequately the right to have or to adopt a religion or belief of one’s choice and effectively imposes restrictions on the rights of individuals belonging to religious minorities in Iran. The lack of legal safeguards under Iran law enables Iranian authorities to resort to practices that may well amount to coercion that would impair the freedom to have or to adopt a religion of one’s choice. Article 19 of the Constitution guarantees that all people enjoy equal rights, “whatever the ethnic group or tribe to which they belong” and that “color, race, language, and the like, do not bestow any privilege”.15 However, the Constitution omits an explicit provision recognizing religion or belief as a protected characteristic. Article 20 of the constitution states that “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria”. Additionally, Article 23 of the Constitution stipulates that “the investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.” 16 Many elements of Iran’s domestic legal framework discriminate between Shia Muslims, Muslim and non-Muslim minorities. According to the Constitution of the Islamic Republic of Iran, candidates for the presidency must follow the official religion of the State, as well as for members of the Assembly of Experts, the Guardian Council or the Expediency Council, excluding Muslim and non-Muslim minorities from holding high governmental positions. 17 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,18 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 1995.19 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 15 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf 16 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf 17 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf 18 Article 23 The Constitution of the Islamic Republic of Iran http://www.iranchamber.com/government/laws/constitution_ch03.php 19 Amnesty International, 2012, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/ 3

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