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