refuses to support the family financially10 or subjects his wife to “intolerable hardship.”11 Recently, however, the government has drafted a bill titled “Limitation of the Right of Men to divorce” that would restrict the “absolute right to divorce” of men and impose certain conditions and restrictions. Currently, the bill is at the very early stages and is being considered by the Internal Commission. This change is, however, unlikely to be approved by the Guardian Council and become law.12 It should further be noted that the bill was introduced to limit the number of divorces and “maintain the family unit” rather than to address discrimination on the basis of gender in access to divorce. C. The Islamic Republic of Iran should amend the Civil Code and further amend the draft Family Protection Law, to award equal custody rights to the mother, including after a child reaches the age of seven or if she remarries. Article 1169 of the Civil Code prioritizes a woman’s right to custody of her child until the child reaches the age of 7 years old; after which the law awards custody of the child to the child’s father or paternal grandfather. In situations where the parents of the child are not married, the law awards legal guardianship of the child to the paternal grandfather. However, according to Article 1173, a woman can challenge a father’s right to custody after the child turns 7 years old in a limited number of situations: if the father is addicted to drugs, alcohol and gambling, is ‘morally corrupted’, suffers from a mental illness, abuses the child or ‘coerce’ them “into immoral occupation”, or repeatedly beats the child “outside the ‘normal limit’”. A Court may then decide who obtains the child’s custody, based on the child’s best interests.13 Even if the Court designates the woman, however, she may only obtain physical custody of her child, while legal guardianship remains with the father or paternal grandfather. The right to custody is further limited for women in cases of divorce. In such situations, a woman may only be given custody of her child until they turn 2 in the case of boys, 7 for girls.14 Custody is then transferred to the father or to another person appointed by the Court. If a woman remarries, she loses the right to custody of her children.15 D. The Islamic Republic of Iran should amend the Civil Code and further amend the draft Family Protection Law, to award guardianship of a child to the mother in the case of the father’s death. 10 Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1119, 1129, 1130 and 1133. Civil Code of the Islamic Republic of Iran, Art. 1130 and 1133 (1928, as amended in 1985) 12 The Ten Year Division for Divorce in Court (2019), http://cabinetoffice.ir/fa/news/5006/-‫ﻣﺤﺪودﺳﺎزی‬-‫و‬-‫ﻣﻘﯿﺪ‬-‫ﭘﯿﺸﻨﮭﺎدی‬-‫ﻻﯾﺤﮫ‬-‫ﺑﺮرﺳﯽ‬ ‫دوﻟﺖ‬-‫ھﯿﺌﺖ‬-‫ﻟﻮاﯾﺢ‬-‫ﮐﻤﯿﺴﯿﻮن‬-‫در‬-‫ﺷﻮھﺮ‬-‫طﻼق‬-‫ﺣﻖ‬ 13 Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Article 1169 14 Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1169- 1170 15 Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1170. 11 3

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