get married under Iranian legislation and translate reportedly in widespread practice. 20 21 22 In
2016, the Committee on the Rights of the Child stated that the legal age of marriage in the
Islamic Republic of Iran “gravely violated rights under the Convention [on the Rights of the
Child] and placed children, in particular girls, at risk of forced, early and temporary marriages,
with irreversible consequences on their physical and mental health and development.”23
B. Providing access to contraceptives and to safe abortion, and to post-abortion care
services, throughout the country. It also recommends that the State party
decriminalise abortions in all circumstances and ensure that the views of the
pregnant girl are always heard and respected in abortion decisions
Access to contraceptives had been provided in Iran by public hospitals, yet this service was
terminated in June 2020, along with vasectomies.24 According to statistics gathered by the
United Nations Department of Economic and Social Affairs, Population Division, around 53.8%
of Iranians used some sort of contraceptive.25
In terms of abortion, the pre-1979 revolution laws that allowed for unrestricted abortions in Iran
were removed in 1982 by the Guardian Council.26 Abortion was later criminalised in Article 90
and 91 of the “Ta’ziraat and Deterrent Punishments” law of 1984 which dealt with punishments
not specified in Shari’a Law. The punishment for acts of abortion was blood money (Diyah).
This law was ultimately merged with other punitive laws to form the “Law for Islamic Penalties”
of 1997, which criminalised abortion in Articles 622-624. Despite this prohibition, Iran’s postrevolution government did not remove the “Medical Code of Conduct” which includes in its 17th
Article, the possibility of abortion, which is conditional upon proof that the life of the mother is
in jeopardy. Official access to abortion thus depends on the presence of proof that childbirth
would endanger the mother’s life. Women have limited options absent this documentation, often
having to resort to potentially dangerous procedures outside of the formal healthcare system.
These illegal procedures are associated with risks of permanent physical and psychological
damage for mothers.27 It is worth mentioning that mothers seeking post-abortion medical care
after undertaking illegal abortions can do so with registered health officials in Iran, as they are
not pressed to report these cases to the authorities.28
20
Report of the Secretary General, Situation of Human Rights in the Islamic Republic of Iran, 2020, para 37
See www.sabteahval.ir/avej/tab-1499.aspx (in Farsi)
22
See Human Rights Activists News Agency: https://www.en-hrana.org/?s=child+marriage
21
23
CRC/C/IRN/CO/3-4, para. 27-28 https://undocs.org/en/CRC/C/IRN/CO/3-4
BBC News: https://www.bbc.com/news/world-middle-east-53048719
25
United Nations Department of Economic and Social Affairs, Population Division, 29United Nations Department of Economic
and Social Affairs, Population Division, World Fertility and Family Planning 2020: Highlights
26
Abbasi, Mahmoud & Shamsi-Gooshki, Ehsan & Allahbedashti, Neda. (2014). Abortion in Iranian Legal System: A Review..
Iranian journal of allergy, asthma, and immunology. 13. 71-84.
27
SHAHBAZI S., FATHIZADEH N. & TALEGHANI F. (2009)Illegal abortions in Iran: a qualitative study. Journal of
Advanced Nursing doi: 10.1111/j.1365-2648.2009.05246.x
28
Abbasi, Mahmoud & Shamsi-Gooshki, Ehsan & Allahbedashti, Neda. (2014). Abortion in Iranian Legal System: A Review..
Iranian journal of allergy, asthma, and immunology. 13. 71-84.
24
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