Concluding Observation Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
64
Full recommendation
The Committee urges the State party to revise the Act on the Protection of Children and
Adolescents with No Guardian or Abusive Guardians of 2012 in a way that prohibits any
marriage or other sexual arrangements with an adopted child. It also recommends that the State
party take all necessary measures to ensure the right of all children, especially children
belonging to ethnic minorities, to grow up in a family environment. The Committee recommends
that the State party take into account the Guidelines for the Alternative Care of Children, which
are annexed to General Assembly resolution 64/142.
Assessment using Impact Iran indicators1
a. Prohibiting marriage or sexual arrangement with an adopted child
In 2013, a new law on child adoption was passed that could legalize marriage between a father
and his adopted daughter.2 Such a marriage would be prohibited unless a court, after consulting
with the state welfare organization, rules that such a marriage is in the best interest of the child
though the conditions for this determination are not made clear.3
Child marriage continues to be permitted under Iranian law. The legal minimum age for marriage
is 13 for girls and 15 for boys.4 However, children who have reached puberty can marry with
parental consent and court approval.5 The predefined age of puberty under the Islamic Republic
of Iran, and the age of legal majority, is 9 lunar years for girls and 15 lunar years for boys.6
Marriage before puberty is criminalized in accordance with Article 50 of the Family Protection
Act7 and is punished under Article 646 of the Islamic Penal Code (2013).8
b. Ensure the right of all children, especially children belonging to ethnic minorities, to
grow up in a family environment
Article 19 of Iran’s constitution9 declares that all people of Iran enjoy equal rights, “(…)
regardless of the tribe or ethnic group to which they belong.” This language seemingly includes
ethnic minorities in its protected population, yet it is important to note that many protections and
services provided by the state may be contingent upon the individual’s citizenship status. There
1
Indicators used: CRC.19.1.S.1; CRC.20.1.S.2; CRC.20.1.P.6; CRC.20.1.O.5
Law on the protection of children and adolescents without guardians or with irresponsible ones, Article 26, (2013)
3
Impact Iran submission to the Committee on the Rights of the Child, review of the 3rd and 4th periodic reports of
the Islamic Republic of Iran
4
Article 1041 of the Civil Code as amended up until December 2000, NGO Impact Iran Coalition, Joint Submission
to the Committee on the Rights of the Child, 2016
5
Iran Human Rights Documentation Center
6
Committee on the Rights of the Child, 2016, CRC/C/IRN/CO/3-4, paras. 27–28
7
Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12
8
Islamic Penal Code (2013), Islamic Republic of Iran, Iran Human Rights Documentation Center
9
Persia Education Foundation
2