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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