Persons belonging to religious minorities in Iran face widespread discrimination in law and
practice. Religious minorities are generally excluded and marginalized, and subject to
restrictions of their civil, political, economic, social and cultural rights.5
Article 14 of the Constitution stipulates that the government and Muslims in Iran are “dutybound to treat non-Muslims in conformity with ethical norms and the principles of Islamic
justice and equity, and to respect their citizen rights”. 6 Although Article 19 of the Constitution
protects the equal rights of “ethnic group or tribe” regardless or “color, race, language, and the
like”, it omits an explicit provision recognizing religion or belief as a protected characteristic
against discrimination.7 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.”8 These protections, however, only apply to those “who refrain from engaging in
conspiracy or activity against Islam and the Islamic Republic of Iran”, 9 a charge often levelled
against members of religious minorities.
The Constitution of the Islamic Republic of Iran names the Twelver Ja’fari School of Shia Islam
as the state religion. Only Muslim minorities (including Sunnis), Zorostrian, Jewish and
Christian Iranians are recognized under the Constitution.10 There are no laws safeguarding the
right of religious minorities to worship, maintain places of worship or assemble, leaving other
religious minorities without legal protection to manifest and practice their religion or belief.
Further, regulations may actively discriminate against members belonging to unrecognized
religious minorities. For instance, a new rule proclaimed in January 2020 only allows citizens to
register as one of the country’s recognized religions to the state-issued National Identity Card—
which is required for almost all government and other transactions.11 A bill currently under
review in the Iranian Parliament, as of November 2020, would criminalize “any deviant
educational or proselytizing activity that contradicts or interferes with the sacred law of Islam”
when it is, among others, part of a “sect”, or through the use of “mind control methods and
psychological indoctrination”. As stipulated by the Human Rights Committee, the mere
‘contradiction’ or ‘interference’ with the state’s official religion is not a permissible ground for
5
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
6 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
7 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
8 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
9 The Constitution of the Islamic Republic of Iran:< http://www.iranchamber.com/government/laws/constitution.php >
10 Articles 12 and 13 of the Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
11 Center for Human Rights in Iran, https://www.iranhumanrights.org/2020/01/bahais-unrecognized-minorities-in-iran-must-nowhide-religion-to-obtain-government-id/
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