discrimination, such legal guarantees only exist as long as they are in conformity with “Islamic
criteria.” The opportunity for interpretation allowed under qualifications such as “in conformity
with Islamic criteria” has often resulted in provisions that discriminate or have a discriminatory
impact on various grounds, including gender.
A. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law to abolish the requirement for a father’s or paternal
grandfather’s approval to legalize a marriage.
During its 2019 Universal Periodic Review, the Islamic Republic of Iran noted that forced
marriage had been prohibited under Article 1062 of the Civil Code and Article 646 of the Islamic
Penal Code.3 However, with the permission of the court, the legal guardian has the right to marry
for and on behalf of his minor daughter in compulsory marriage.4 Additionally, virgin girls above
the age of 13 who are marrying for the first time, regardless of age, legally need a father’s or
paternal grandfather’s permission.5 The Government of the Islamic Republic of Iran stated that
when a case of forced marriage is reported to the Judiciary and a judicial case is filed, the forced
marriage can be dissolved in accordance with the Civil Code provisions and those who force
someone into marriage are prosecuted. 6 However, underaged children lack access to redress and
legal recourse as they cannot file law suits without the representation of their legal guardian.7
Further, a woman can be given permission to leave the marital house only if she can prove to a
court a significant risk of bodily harm or threat to her life and safety.8 Such provision deprives
women and girls from legal and social protection when they run away from a forced marriage
and girls have been reportedly brought back to their parents. 9
B. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law, to grant women equal rights to divorce.
Men have a unilateral right to divorce their spouse, while women can only apply for divorce in
limited circumstances, including situations where their husband is addicted to drugs, imprisoned,
3
Universal Periodic Review, 2019, Reply of the Islamic Republic of Iran, https://undocs.org/en/A/HRC/43/12/Add.1
Iran Human Rights Documentation Center, https://iranhrdc.org/wpcontent/uploads/pdf_en/LegalCom/Womens_Rights_Commentary_389929723.pdf
5
NGO Submission Committee on the Rights of the Child, 2016,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf
6
Universal Periodic Review, 2019, Reply of the Islamic Republic of Iran, https://undocs.org/en/A/HRC/43/12/Add.1
7
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against women and honour-related
violence in Iran’, 26 June 2015, http://www.migri.fi/download/61597_Suuntausraportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288
8
Amnesty International, 2015, https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
9
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against women and honour-related
violence in Iran’, 26 June 2015, http://www.migri.fi/download/61597_Suuntausraportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288
4
2