Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/28/70 para 96
Full recommendation:
Calls on the Government to amend laws that violate the rights of women, or that undermine their
full enjoyment of civil political, social, and economic rights, including the right work and to
freedom from discrimination, especially in education and the workplace. Draft legislation
currently under consideration that appears to infringe on these rights raises serious concern,
and should be reconsidered.
Assessment using Impact Iran indicators1
A. Right to work
Article 28 of the Constitution obliges the government to create employment for all without
discrimination.2 Despite the existence of this article, gender and religious restrictions apply in
jobs in the judicial and governmental fields. For example, women cannot stand as judges of the
courts.3 The nondiscrimination principles in the labor code do not cover the hiring process,
which is critical for women to enter the workforce, particularly in higher paying, technical, or
more senior positions. 4 Women are completely prohibited from holding the position of Supreme
Leader and have a limited presence at senior decision-making levels and judicial bodies in the
country. Candidates for the presidency in Iran must be what the constitution refers to as “RajolE-Siasi” (“political men”).5 Though many argue that the phrase as a whole could be understood
as “political persons,” without a specification as to gender, the Guardian Council of the
Constitution, a body of Islamic jurists responsible for vetting candidates for elections, has never
approved a woman to stand in presidential elections or elections to the Assembly of Experts.6
Additionally, no woman has ever served on the Guardian Council (body mandated to bring
parliamentary resolutions in line with Shari’a and the Constitution and to oversee elections and
vet candidates).7 Nor on the Expediency Council (the body which serves as the Supreme Leader's
advisory arm, formulating "general policies for the state" and overseeing the implementation of
those policies on the behalf of the Supreme Leader).8
1
CCPR.3.S.1; ESCR.13.2.S.5; CCPR.3.P.1; CCPR.26.P.1; ESCR.6.2.P.1; ESCR.13.2.P.12; CCPR.3..O.1; ESCR.6.1.O.1;
ESCR.13.2.O.11
2
https://www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf
3
Regulations for the appointment of judges of the country: http://rooznamehrasmi.ir/Laws/ShowLaw.aspx?Code=927
4
Human Rights Watch https://www.hrw.org/report/2017/05/25/its-mens-club/discrimination-against-women-irans-job-market
5
Art. 115, Constitution of Iran.
6
The council that should choose the Supreme Leader and its mandate is to monitor him.
7
In addition, the Guardian Council is responsible for overseeing elections and vetting candidates.
8
The body, whose members are all appointed by the Supreme Leader, was initially established as an arbitration body between
parliament and the Guardian Council.
1