pigeons were returned and the plaintiff withdrew his complaint.41 The same year a 17-year-old
received 80 lashes on the charge of “drinking alcohol”.42
The Human Rights Committee has explicitly stated that flogging and amputation are not
compatible with the ICCPR.43 The text of article 7 allows for no limitation and violating jus cogens
norms, such as the prohibition of torture or other ill-treatment, cannot be justified on the basis of
inconsistent domestic laws.44
Additionally, Article 1179 of the Civil Code allows for the ‘reasonable punishment of children’,
which may include corporal punishment in the context of child-rearing and education.45 The
previous version of the Islamic Penal Code (as amended up to 2012) provided for the right of
parents or guardians to impose corporal punishment on their children under Article 49 and 59.
Such provisions now appear under Article 158 of the 2013 Islamic Penal Code, which provides for
the chastisement of children by parents or guardians within customary and religious limits. 46
Article 7 of the previous Law on Protection of Children (2002), prohibited “all kinds of abuse
leading to physical, mental or moral damage to the child endangering their physical or mental
health” (Article 2) but excluded from this protection actions taken under Article 59 of the Penal
Code and Article 1179 of the Civil Code (Article 7).47 On June 7, 2020, the Guardian Council
approved a bill amending the Law on Protection of Children which, while including new penalties
for certain acts that harm children and adolescents’ physical and mental health, does not explicitly
prohibit corporal punishment on children.48 Due to this, Iranian law remains in violation of
international law as the Human Rights Committee has stated that the prohibition under Article 7
of the ICCPR extends to “corporal punishment, including excessive chastisement ordered as
punishment for a crime or as an educative or disciplinary measure”.49
There is insufficient information to argue for the positive effects of the new child protection law,
yet there is evidence that the recent COVID-19 pandemic has exacerbated cases of child abuse in
Iran. Iran’s welfare organization has speculated that (as of August 13th) child abuse instances had
grown fivefold since the beginning of the pandemic.50 Additionally, there are reports of children
41
Abdorrahman Boroumand https://www.iranrights.org/library/document/273
Abdorrahman Boroumand Center https://iranrights.org/projects/flogging
43
UN Human Rights Committee (HRC), CCPR/C/79/Add.85
44
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 27 September 2018
45
Article 1179 of the Civil Code of the Islamic Republic of Iran as referenced by the Committee on the Rights of the Child
(CRC), CRC/C/IRN/CO/3-4, 14 March 2016
46
Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center
47
Law on Protection of Children and Adolescents (2002) as referenced in “Country Report of Iran”, Global Initiative to End All
Corporal Punishment of Children
48
Human Rights Watch, https://www.hrw.org/news/2020/06/23/iran-child-protection-law-positive-insufficient
49
UN Human Rights Committee (HRC), CCPR General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel,
Inhuman or Degrading Treatment or Punishment), 10 March 1992
50
Atlantic Council
42
6