Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
82(c)
Full recommendation:
Ensure that unaccompanied asylum-seeking and refugee children are given guardianship, free
legal assistance with immigration proceedings, and access to adequate shelter, food, health care
and education
Assessment using Impact Iran human rights indicators1
In its 2019 National Report to the Universal Periodic Review, the Government of the Islamic
Republic of Iran stated that “on the basis of the 6th Development Plan Act, the Government is
obliged to increase child food protection, to increase protection of children with no guardian,
orphans and street children (Article 78) ». The Government of the Islamic Republic of Iran also
stipulated: “According to the law, all persons under the age of 18, with no or bad guardian,
regardless of religion, ethnicity and nationality, shall enjoy health care, education, medical
treatment, subsistence and custodian services.” 2 Different laws and regulations pertaining to
refugees and migrants in the Islamic Republic of Iran do not refer to asylum-seeking and refugee
children in particular.3
Currently, the law governing child custody in the Islamic Republic of Iran is the Law on the
Protection of Orphaned and Abused Children (or Law on Protection of Children and Juveniles
with no or bad guardian), adopted in 2013.4 The law does not refer directly to unaccompanied
asylum-seeking and refugee children yet, the listed conditions to obtain guardianship do not
include Iranian citizenship. A number of articles under this law stipulate that the court shall
consider the best interests of the child. However, Iranian law does not safeguard explicitly the
right for unaccompanied asylum-seeking and refugee children to be given guardianship.
The Bureau for Aliens and Foreign Immigrants Affairs (BAFIA) has the responsibility for
coordinating affairs relating to asylum-seeking and refugee individuals, including: protection,
1
CRC.22.1.S.1; CRC.22.1.S.2; CRC.22.2.S.1; CRC.22.2.S.2
CRC.22.1.P.1; CRC.22.1.P.2;
CRC.22.1.O.1; CRC.22.1.O.2; CRC.22.1.O.3; CRC.22.1.O.4; CRC.22.2.O.1; CRC.22.2.O.2
2
National Report, UPR 2019, https://undocs.org/A/HRC/WG.6/34/IRN/1
3
Laws and regulations related to refugee and migrants in the Islamic Republic of Iran include:
Refugee Regulations adopted in 1963, available at http://atba.ostb.ir/?part=menu&inc=menu&id=71
Law on the entry and residence of foreign nationals in Iran, adopted in 1931, available at https://rc.majlis.ir/fa/law/show/92268
Implementing Regulations of the Law on the Entry and Residence of Foreign Nationals adopted in 1973 and subsequent
amendments, available at https://shenasname.ir/organs/vezarat/khareje/6815
Regulations of the Iranian Citizenship Law approved in 1935 and subsequent amendments, available at
https://atba.alborz.ir/RContent/12V5MS3
Marriage regulations of Iranian women with non-Iranian foreign nationals, available at http://www.davoudabadi.ir/page/0859162/
4
Parliament of the Islamic Republic of Iran, https://rc.majlis.ir/fa/law/show/866926

1

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