Impact Iran

In a press release issued on 22 September 2011, the Special Rapporteur, jointly with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, issued a press statement in which they condemned the public execution of the juvenile Alizera Molla-Soltani, expressed concern at the high frequency of drug related executions (see above JUA 20/09/2011 Case No. IRN 12/2011) and reiterated their call for an immediate moratorium on the death penalty particularly in drug related and juvenile cases

Merely taking gradual measures to decrease the carrying out of death sentences against offenders who were juveniles is an utterly inadequate approach to complying with your Excellency's Government's obligations under international law, which can only be fulfilled by immediately stopping all executions for crimes committed by persons who were not aged 18 at the time of the offence. Laws permitting the death sentence to be imposed on juvenile offenders are inherently inconsistent with the international legal obligations assumed by the Islamic Republic of Iran and should be promptly repealed.

I would therefore respectfully request your Government to take all necessary steps to ensure that Mohammad Reza Haddadi is not executed tomorrow. Moreover, in order to ensure compliance with the absolute ban of the death sentence against juvenile offenders in international human rights law, the death sentence will have to be commuted.

I therefore urge your Excellency's Government to take all necessary measures to guarantee that Habibollah Latifi, Ehsan (Esma'il) Fattahian and Sherko Moarefi are not deprived of their lives in violation of the obligations your Excellency's Government has entered into under international law. Considering the irreversible nature of capital punishment, this can only mean suspension of the death sentence against them until the question whether the acts they were found guilty of satisfy the international criteria as to what constitutes "most serious crimes" has been clarified.

In view of the urgency of this matter and of the irreversibility of the punishment of the death penalty, it is imperative that your Excellency's Government should take all steps necessary to prevent the execution of Mr Behnood Shoojaee and Mr Safar Angooti. I therefore again urge your Excellency's Government to suspend the executions reportedly already scheduled and expeditiously lift or commute the death sentences imposed against Mr Safar Angooti and Mr. Behnood Shoojaee, as well as all other persons awaiting execution for offences committed before they reached age 18.

In view of the urgency of this matter and of the irreversibility of the punishment of the death penalty, it is imperative that your Excellency's Government should take all steps necessary to prevent the execution of Mr Abbas Hosseini, which if carried out will be inconsistent with acceptable standards of international law. Further, the unsuccessful negotiations so far, for compensation (diyeh) to the victim's family should not form the basis for carrying out the execution of the death penalty. I therefore urge your Excellency's Government to lift or commute the death sentence imposed against Mr Abbas Hosseini.

I respectfully urge your Excellency's Government to take all measures necessary to comply with the commitments it has undertaken under international law. These measures were, in my view, accurately reflected in the recommendations issued by the United Nations Committee on the Rights of the Child, which called on the Islamic Republic of Iran in January 2005 (See CRC/C/15/Add. 254, 28 January 2005, at par. 30)

I would respectfully reiterate my appeal to the Government of the Islamic Republic of Iran to take all necessary steps to avoid executions that would be inconsistent with accepted standards of international human rights law and to take steps to bring its legislation in compliance with Article 37(a) of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political, to which it is a party.

I wish to thank your Excellency for your letter dated 15 July 2009 in response to my letter of 23 August 2007, in respect to another case in which the accused juvenile offender had been sentenced to qesas. Your letter indicates that through efforts of the Judiciary, the case had entered the reconciliation case and that as a result of the victim's guardians giving their consent the execution had been stopped and the accused released. While I welcome this outcome, I remain concerned that such efforts to decrease the carrying out of death sentences against offenders who were juveniles is an utterly inadequate approach to complying with your Excellency's Government's obligations under international law. These can only be fulfilled by immediately stopping all executions for crimes committed by persons who were not aged 18 at the time of the offence. Laws permitting the death sentence to be imposed on juvenile offenders are inherently inconsistent with the international legal obligations assumed by the Islamic Republic of Iran and should be promptly repealed.

I would therefore respectfully request Your Excellency's Government to take all necessary steps to commute the sentence of execution [of Mohammad Reza Haddadi] in order to ensure compliance with the applicable standards of international human rights law.

I would respectfully reiterate my appeal to the Government of the Islamic Republic of Iran to take all necessary steps to avoid executions that would be inconsistent with accepted standards of international human rights law and to take steps to bring its legislation in compliance with Article 37(a) of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political, to which it is a party. In particular, I urge your Government to expeditiously lift or commute the death sentences imposed against Amir Khaleghi and Safar Angooti as well as all other persons awaiting executions for offences committed before they reached age 18. All other efforts undertaken by your Government to prevent these executions are insufficient to meet its obligations under international treaties it is a Party to.

I therefore again urge your Excellency's Government to expeditiously lift or commute the death sentences imposed against Mr. Abu Moslem Sohrabi, as well as all other persons awaiting execution for offences committed before they reached age 18. All other efforts undertaken by your Government to prevent these executions are insufficient to meet its obligations under international treaties it is a Party to.

I therefore again urge your Excellency's Government to expeditiously lift or commute the death sentences imposed against Mr. Abu Moslem Sohrabi, as well as all other persons awaiting execution for offences committed before they reached age 18. All other efforts undertaken by your Government to prevent these executions are insufficient to meet its obligations under international treaties it is a Party to.

The Special Rapporteur remains troubled by the continuing large number of executions, including of juvenile offenders, and reiterates her call on the Government to introduce a moratorium on the use of the death penalty and to prohibit and refrain from the execution of juvenile offenders in all circumstances. The Special Rapporteur further urges the Government to undertake a special review of the cases of persons on death row for crimes committed when they were under the age of 18, with a view to commuting or quashing their death sentences altogether.

Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: Afford the child offender the benefit of the doubt and deliver a finding of uncertainty when absolute certainty cannot be scientifically established, including if the assessment is not conducted immediately after the alleged offence. Establish and publish a methodology to conduct the assessment.

Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: (a) Conduct assessments that provide a scientific, evidence-based assessment as to whether there is total certainty about the mental development of the child offender at the time of the offence in line with article 91 of the Penal Code. Ensure that such an assessment reflects the findings of assessments by experts from all relevant fields, including the relevant child development, psychology, psychiatry, and social service fields

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Provide the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur with a list of all child offenders on death row

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that detention pending trial is only used as a measure of last resort and for the shortest possible period of time for children accused of any crime, including qisas and hudud crimes

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that the court takes into account the circumstances in which the child is living and the conditions in which any offence has allegedly been committed, including through the preparation, introduction and full consideration of pre-sentence reports. Ensure that the court is informed about all relevant facts about the child, such as social and family background, wealth, education and circumstances of marriage. Ensure that adequate social services capacity has been established to be able to provide such reports and is mandated to provide such advice

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Establish specialist and separate child courts to consider cases involving children, for all crimes including qisas and hudud crimes, in the first instance and on appeal, in all provinces. Ensure that the judges who preside over such courts, and the prosecutors who are able to bring cases before such courts, have a minimum level of professional qualifications and expert training in child sociology, child psychology and behavioural sciences;

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Require that all those who deal with children in the criminal justice system, especially judges, prosecutors, medical examiners, police interrogators and other law enforcement professionals, undergo specialist, ongoing and systematic training on the rights of the child. Such training should inform participants about how to take into account the child's physical, psychological, mental and social development in a manner consistent with the obligations of the Islamic Republic of Iran under international human rights law;

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: When assessing the quality and veracity of testimony or confession offered by the child, ensure that the judge considers all circumstances of interrogation, especially the age of the child as well as the length of detention and interrogation and the presence of legal or other representatives and parents during questioning;

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that children who have been detained or arrested are interviewed only in the presence of their chosen lawyer, are immediately granted legal aid if needed, and are granted access to a family member of their choice at all times regardless of the offence they are accused of

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Undertake a prompt, effective and transparent review of all child offenders on death row and ensure that they are afforded legal representation and financial and other needed support to exercise their right to a retrial as provided for by article 91 of the Penal Code;

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that any article 91 assessment is conducted on the prima facie basis that there is uncertainty about the mental development of the child, and as such a death sentence cannot be imposed. Ensure that the burden of proof is always on the prosecution to establish complete certainty about the full mental development of the child, in line with article 91. Furthermore, ensure that the child is afforded the benefit of the doubt if the assessment is not undertaken immediately after the crime;

Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: (a) Require courts to comprehensively assess mental development in all cases in line with article 91 of the Penal Code, and to always seek expert advice from the relevant child development, psychology, psychiatry, and social service fields as well as from the Iranian Legal Medicine Organization, with a view to ensuring that the child is exempted from the death penalty;

The Special Rapporteur recommends that the judiciary: Pending legislative review, urgently issue a circular which requires all judges not to sentence children to death on the basis of qisas or hudud crimes, and which requires presiding judges to order retrials for all child offenders on death row without recourse to the death penalty.

The Special Rapporteur recommends that the judiciary: (a) Urgently halt the planned execution of all child offenders, and commute the death sentences imposed on the basis of qisas and hudud crimes for all child offenders;

The Special Rapporteur recommends that Parliament: Amend the Penal Code to increase the age of criminal responsibility for qisas and hudud crimes to 18 years for all children, and ensure that all children are treated equally and without discrimination within the criminal justice system.

The Special Rapporteur recommends that Parliament: Withdraw the general reservation to the Convention on the Rights of the Child given that such a general reservation is not compatible with the object and purpose of the Convention;

The Special Rapporteur recommends that Parliament: Urgently amend legislation to prohibit the execution of persons who committed a hudud or qisas crime while below the age of 18 years and as such are children. Urgently amend the legislation to commute all existing sentences for child offenders on death row;

While noting as positive the willingness on the part of the Government to explore steps to reduce the number of executions in the country, the Special Rapporteur is, however, deeply concerned over the alarming level of executions, including of juveniles, in the country. She urges the Government to immediately and unconditionally prohibit the sentencing of children to death and to engage in a comprehensive process to commute all the death sentences that were handed down to personscurrently on death row in respect of crimes committed when the person was under the age of 18 years. The Special Rapporteur reiterates the calls made by the previous mandate holder to establish a moratorium on the death penalty and urges the Government to accelerate the process of amending its Anti-narcotic Law and to replace the death penalty for drug-related offences by penalties which comply with relevant international standards. The Government should also put an end to public executions.

The Special Rapporteur urges the Government to prohibit all forms of child marriage and develop awareness-raising campaigns and programmes on the harmful effects of this practice on the physical and mental health and well-being of girls, targeting households, local authorities, religious leaders, and judges and prosecutors, as recommended by the Committee on the Rights of the Child.

He reiterates his call on the Government to establish a moratorium on the use of the death penalty, and further encourages it to continue its examination of laws and policies that effectually undermine or violate the right to life. This includes laws that apply the death penalty to acts not considered to be criminal offences, or crimes that do not warrant use of the death penalty under international law, such as drug-related crimes. He also appeals to the Government to abandon piecemeal reforms and to immediately and unconditionally prohibit the execution of juvenile offenders, defined as individuals under 18 years of age at the time they committed a capital offence.

Authorities should immediately rescind the death sentences against all political prisoners and prisoners of conscience, including those of Soheil Arabi and others, whose alleged actions do not constitute a serious crime under international law. The Government should also note that international law and consensus define juvenile execution as the execution of individuals who were under the age of 18 at the time of the commission of the relevant crime, not at the time of implementation of the sentence. He reiterates his call on the Government to officially ban this practice and to align its practices with its obligations under international law. He repeats his call to enforce a complete moratorium on the death penalty in the meantime. These actions could drastically reduce executions for non-capital offences and better ensure protections for the right to life.

The Government should also expedite the removal of landmines and explosives that continue to pose a threat to the lives and security of populations located in their vicinity, enhance provisions for public education -- particularly for at risk children -- and ensure immediate and non-discriminatory access to adequate medical treatment and pension programs for victims and their families.

To prohibit capital punishment for juveniles and for crimes that do not meet the most serious crimes standards under international law, including for drug offences and perceived sexual offences.

The Special Rapporteur expresses his grave concern at the continuing execution of juvenile offenders in the Islamic Republic of Iran and calls upon the Government to immediately prohibit all executions of persons charged with offences that they committed when under the age of 18 years. He further recommends that the Government abolish the death penalty in all cases and, pending that measure, introduce a moratorium.

The Special Rapporteur remains deeply concerned about the alarming level of executions, including of juveniles, in the country. She reiterates her call on the Government to immediately and unconditionally abolish the sentencing of children to death and to engage in a comprehensive process of commutation of all death sentences issued against children, in line with juvenile justice standards. The Special Rapporteur also reiterates her calls to establish a moratorium on the use of the death penalty, to replace the death penalty for drug-related offences with penalties that comply with relevant international standards, and to end the practice of public executions.

The Government should take immediate steps to address the increasing incidence of early and forced child marriage, in particular by banning child marriage and raising the minimum age for marriage to 18 years, as specified in a number of laws identified in the country's submission to the Committee on the Rights of the Child. He further appeals for efforts to define and criminalize domestic violence and to expand the definition of rape to encompass marital rape to be expedited. He asserts, however, that, while domestic violence is an egregious act, it does not constitute a lethal action required for the application of capital punishment under international law.

The Government should consider extending the de facto moratorium on stoning. The continued failure of the judiciary to guarantee due process rights, the frequent application of the death penalty for crimes that do not meet the internationally permissible threshold for capital punishment and the imposition of the death penalty on juvenile offenders warrant an immediate and unconditional halt to such practices.

The Special Rapporteur continues to deplore the use of stoning as a form of capital punishment, and continues to strongly urge the Government to enforce its moratorium on stoning, to consider the reversal of existing stoning sentences, and to consider explicitly prohibiting its use. The Special Rapporteur also reiterates his concern about the implementation of the death penalty including in cases that do not meet the "most serious crimes" standards, as stipulated by international law. He calls on the Government to consider revisiting its qualification in the revised Islamic Penal Code on the use of capital punishment for juveniles and to consider prohibiting juvenile executions; and reiterates his call for a moratorium on the implementation of capital punishment sentences until such time as fair trial standards for capital cases can be adequately demonstrated.

The Special Rapporteur also continues to underline the importance of perpetuating a culture of tolerance, and urges the Government to prevent discrimination against women and girls, as well as religious and ethnic minorities, in all spheres of public life and services, and to protect their freedoms to freely associate and express themselves. He further calls on the Government to ensure that the minimum age for marriage complies with international standards and that measures to prevent the forced, early and temporary marriage of girls are established

Ensure procedural guarantees to preserve the privacy of children in conflict with the law throughout the investigation and trial proceedings.

In the light of its general comment No. 10 (2007) on children's rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee strongly urges the State party, as a matter of priority, to:

Promote alternative measures to detention, such as diversion, probation, mediation, counselling or community service, wherever possible, and ensure that detention is used as a last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it.

Ensure the provision of qualified and independent legal aid to children in conflict with the law, if possible by the choice of the child defendant, at an early stage of the procedure and throughout the legal proceedings.

Expeditiously implement the establishment of specialized juvenile courts and procedures with adequate human, technical and financial resources for all cases involving children, including those charged with the most serious crimes, designate specialized judges for children and ensure that such specialized judges receive appropriate education and training.

In the light of its general comment No. 10 (2007) on children's rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. Increase the age of criminal responsibility for girls, and ensure that girls and boys are treated on equal terms under the whole criminal justice system.

Support family reunification programmes if in the best interests of the child.

Promptly investigate complaints concerning ill-treatment and abuse of children in street situations.

Ensure that children in street situations are not subjected to discrimination, abuse or harassment by the public and by law enforcement officials and that they are not subjected to arbitrary arrest and illegal detention.

In coordination with NGOs and with children themselves, provide children in street situations with the necessary protection, including a family environment, adequate health-care services, the possibility to attend school and other social services.

Develop a comprehensive strategy to protect children in street situations and reduce their number, including identifying the underlying causes, such as poverty, family violence, migration, and lack of access to education, with the aim of preventing and reducing this phenomenon.

Seek technical assistance in this regard from the International Programme on the Elimination of Child Labour of the International Labour Office.

Ensure that all forms of enterprises and workshops remain within the domain of labour regulations and are systematically monitored and controlled by labour inspectors for potential violations of the rights of child workers.

Prohibit the employment of children below the age of 18 years in hazardous conditions that jeopardize physical, mental or moral health and the safety of children.

Ensure that immigration proceedings involving children are decided on the basis of the best interests of the child, and prevent separation of families during the deportation process.

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.

Ensure prompt registration of all its asylum-seeking and refugee children in order to provide them with access to all basic services, including health care and education for free.

Systematically collect disaggregated data on its refugee and asylum-seeking children in order to be able to develop programmes and policies that respond to their needs;

Prohibit, prevent and punish the harassment, bullying, and expulsion from schools of LGBTI children.

End the practice of identifying Baha'i children in schools and intimidating and expelling children on account of their religion.

Ensure that girls, including married girls, have access to primary and secondary education without any barriers, including those established by husbands, parents and communities, and raise the awareness of the public about the importance of education, in particular among indigenous Arab communities;

Train and assign specialized teachers and professionals for integrated classes providing individual support and due attention to children with learning difficulties.

Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;

Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;

Collect data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;

Ensure that those responsible for the approval of forced and child marriage, including judges, parents, guardians, and religious or traditional leaders, are held accountable;

Introduce and enforce national laws prohibiting all forms of child marriage and ensure that children who have been married can file a complaint on family matters such as divorce and custody of their children, and for financial compensation;

Develop awareness-raising campaigns and programmes on the harmful effects of child marriage on the physical and mental health and well-being of girls, targeting households, local authorities, religious leaders, and judges and prosecutors;

Commute all existing sentences for offenders on death row who committed a crime while under the age of 18 years.

Take legislative measures to abolish the death sentence for persons who committed a hudud or qisas crime while under the age of 18 years, that is currently established in the Islamic Penal Code without leaving any discretion to the courts;

End the execution of children and persons who committed a crime while under the age of 18;

Define budgetary lines for children in disadvantaged or vulnerable situations who may require affirmative social measures and make sure that those budgetary lines are protected, even in situations of economic crisis or natural disaster or other emergencies.

Utilize a child-rights approach in the elaboration of the State budget, by implementing a tracking system for the allocation and the use of resources for children throughout the budget, and use this tracking system for impact assessments on how investments in any sector may serve the best interests of the child, ensuring that the different impact of such investment on girls and boys is measured;

Conduct a comprehensive assessment of the budget needs of children and allocate adequate budgetary resources, in accordance with article 4 of the Convention, for the implementation of children's rights, and in particular, increase the budget allocated to social sectors and address disparities on the basis of indicators related to children's rights;

The Committee urges the State party to fulfil its reporting obligations under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the report for which is overdue as of 16 April 2013.

The Committee recommends that the State party, in order to further strengthen the fulfilment of children's rights, consider ratifying the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on a communications procedure.

To that effect (92) the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards), the Committee recommends that the State party make use of the technical assistance tools developed by the Inter-agency Panel on Juvenile Justice, and seek technical assistance in the area of juvenile justice from members of the Panel and relevant international bodies.

The Committee reiterates its previous recommendation (see CRC/C/15/Add.254, para. 71) that the State party take all appropriate legislative and administrative measures to (trafficking and sale of persons under the age of 18 years) prevent and eliminate this phenomenon and to ensure that traffickers are prosecuted, convicted and punished.

The Committee recommends that the State party take active measures to officially recognize ethnic and linguistic minority groups and that it provide them with opportunities to learn, communicate and practise their language, art, culture and religion without any undue interference. It also urges the State party to ensure that reports of unlawful arrests, detention, imprisonments, killings, torture and executions targeted against members of minority groups, including children, are promptly investigated and the perpetrators are held accountable.

The Committee draws the State party's attention to its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, and urges the State party to stop discriminating against girls in access to these rights, and to ensure that they are guaranteed the same rights to enjoy cultural, artistic and sports activities on equal terms with boys.

In the light of its general comment No. 4 (2003) on adolescent health and development, the Committee recommends that the State party adopt a comprehensive sexual and reproductive health policy for adolescents throughout the country and ensure that sexual and reproductive health education is part of the mandatory school curriculum and is targeted at adolescent girls and boys, with special attention to preventing early pregnancy and sexually transmitted infections. It also urges the State party to take measures to provide LGBTI children with access to information on gender identity and sexual orientation.

The Committee draws the State party's attention to its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, and recommends that the State party take all necessary measures to prevent early pregnancies by prohibiting child marriages and providing access to contraceptives and to safe abortion, and to post-abortion care services, throughout the country. It also recommends that the State party decriminalize abortions in all circumstances and ensure that the views of the pregnant girl are always heard and respected in abortion decisions. Furthermore, the Committee recommends that the State party take measures to increase the allocation of public funds to improve the health situation of inhabitants of remote areas, focusing in particular on the health infrastructure. In doing so, the State party should seek financial and technical assistance from UNICEF and the World Health Organization, among others.

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.

The Committee urges the State party to repeal all legal provisions that authorize, condone or lead to child sexual abuse and to ensure that perpetrators of child sexual abuse are brought to justice. The State party should also increase the legal age of consent to sexual relations to 16 years. The Committee also urges the State party to increase the legal age of marriage to 18 years and to criminalize marital rape. Furthermore, the Committee recommends that the State party develop programmes and policies for the prevention, recovery and social reintegration of child victims, including child brides, in accordance with the documents adopted at the World Congresses against Commercial Sexual Exploitation of Children.

In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to review its legislation with a view to prohibiting all forms of corporal punishment irrespective of its purpose, including by parents, guardians and teachers, and instead to promote positive, non-violent and participatory forms of child-rearing and discipline.

In light of its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and taking note of Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee strongly urges the State party to immediately repeal all provisions which authorize or condone cruel, inhuman or degrading treatment of children. It also recommends that the State party put an end to public executions, which have an irreversible negative effect on the mental health of children who witness them, by implementing the above-mentioned decree. Furthermore, the Committee urges the State party to ensure that LGBTI children are not subjected to cruel and degrading treatment such as electric shocks and the administration of hormones and strong psychoactive medications, and that those responsible for these acts are held accountable.

The Committee recommends that the State party review its laws and policies in order to provide children with age-appropriate information and that it take measures to ensure a reasonable balance between the threat to national security and freedom of expression.

The Committee urges the State party to take measures to prevent and eliminate discrimination on the grounds of religion or belief and to ensure that members of religious minority groups, in particular persons of the Baha'i faith, are not persecuted, imprisoned or ill-treated on the account of their religion. The Committee also recommends that the State party review its hijab laws and regulations and ensure that the right of girls to wear or not to wear the hijab is fully respected.

The Committee recommends that the State party take the necessary measures to ensure full respect for the right of children to freedom of expression, association and peaceful assembly, and that those rights not be subjected to undue and vague limitations but that restrictions to those rights comply with international standards. The Committee urges the State party to review its legislation in order to ensure that children under the age of 18 years are exempt from criminal responsibility for such content-based offences.

In the light of its general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party adopt and implement legislation recognizing the right of the child to be heard in all relevant legal proceedings by establishing systems and/or procedures for social workers and courts to comply with the principle. It also recommends that the State party conduct programmes and awareness-raising activities to promote the meaningful and effective participation of all children within the family, the community and schools, including within student council bodies, with particular attention to girls and to children in vulnerable situations.

In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party revise its Civil Law accordingly and strengthen its efforts to ensure that this right is appropriately integrated and consistently interpreted and is applied in all legislative, administrative and judicial proceedings and decisions as well as in all policies, programmes and projects that are relevant to, and have an impact on, children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area and for giving this due weight as a primary consideration.

The Committee recommends that the State party take effective measures, including accountability, to put an end to discrimination against religious, ethnic and linguistic minorities, children born out of wedlock and asylum-seeking and refugee children, and that it ensure that those responsible for any forms of discrimination against such groups are held accountable. Furthermore, the Committee recommends that the State party decriminalize same-sex relations and take measures to eliminate discrimination against LGBTI children.

The Committee urges the State party to revise its legislation in order to ensure that girls enjoy the same rights and entitlements as boys in all aspects of life, especially in family relations, the criminal and civil justice system and property rights, and to take measures to eliminate any forms of discrimination in practice.

The Committee urges the State party to revise, as a matter of urgency and priority, its legislation in order to ensure that all persons below the age of 18 years, without exceptions, are considered as children and are provided with all the rights under the Convention. The Committee also urges the State party to further increase the minimum age for marriage for both girls and boys to 18 years, and to take all necessary measures to eliminate child marriages in line with the State party's obligations under the Convention.

The Committee recommends that the State party take all possible measures to raise the awareness of its public, including children, about the provisions of the Convention through awareness-raising programmes, such as campaigns, and that it ensure that the Convention is part of the mandatory curriculum in all schools for children of all age groups. The Committee also recommends that the State party continue to provide regular and systematic training activities on the provisions of the Convention for law enforcement officials, the judiciary and other professionals working with and for children throughout the country.

In the light of its general comment No. 2 (2002) on the role of independent national human rights institutions, the Committee recommends that the State party take measures to expeditiously establish, in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles), an independent mechanism for monitoring human rights, including a specific mechanism for monitoring children's rights that is able to receive, investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims, and undertake monitoring, follow-up and verification activities for victims.

In the light of its general comment No. 5 (2003) on general measures of implementation, the Committee urges the State party to strengthen its data collection system. The data should cover all areas of the Convention and should be disaggregated by age, sex, disability, geographic location, ethnic origin and socioeconomic background, in order to facilitate analysis on the situation of all children, particularly vulnerable children. Furthermore, the Committee recommends that the data and indicators be shared among the ministries concerned and be used for the formulation, monitoring and evaluation of policies, programmes and projects for effective implementation of the Convention. In this context, the Committee also recommends that the State party provide the necessary human and financial resources to support the new database and that it strengthen its technical cooperation with, among others, the United Nations Children's Fund (UNICEF).

The Committee recommends that the State party take measures to ensure that the State party's policies, strategies and plans of action address in particular the rights of children in disadvantaged and marginalized situations, are aimed at providing them with equal opportunities in all areas of life and at improving their situation, and are supported with sufficient human, technical and financial resources.

The Committee urges the State party to urgently repeal its laws and policies that are discriminatory against girls and religious and ethnic minorities and ensure that all children, irrespective of their gender, ethnicity or religious beliefs, enjoy equal rights and freedoms as guaranteed under the Convention. In particular, the Committee urges the State party to ensure that the State party's legislation does not leave the interpretation and implementation of its legislation to the wide discretion of the judiciary without providing them with the necessary training and interpretative guidelines.

The Committee recommends that the State party take all measures necessary to address its previous recommendations of 28 January 2005 (CRC/C/15/Add.254), which have not been sufficiently implemented, in particular those relating to non- discrimination, the right to life, protection from torture and inhuman or degrading treatment or punishment, and juvenile justice, among others contained therein.

The Committee recommends that the State party intensify its efforts to ensure that all children receive birth certificates and that the lack of such a document is not an impediment for school enrolment of a child. It recommends that the State party take measures to ensure that refugee children have access to education, regardless of whether their parents have registered with the authorities, and that primary education, including enrolment thereto, is offered free of charge. The Committee also recommends that the State party intensify its measures to guarantee an inclusive education for children with disabilities, including through the Organization for Special Children and the Seven-Point Guideline for Universal and Consolidated Education for Children and Students with Special Needs, and to ensure that all children of nomadic communities have access to primary education, including through the establishment of mobile schools.

The Committee recommends that the State party address the high drop-out rate of girls in rural areas and of Ahwazi Arab children. The Committee recommends that the State party take measures to address the high illiteracy rates among Ahwazi Arabs and Azeris. It also recommends that the State party take steps to improve the quality of instruction in and physical infrastructure of schools in rural areas, and to increase the number of female teachers in rural areas.

The Committee recommends that the State party take steps to strengthen its national legislation prohibiting child labour in accordance with international standards, in all sectors, including in agriculture, domestic service, and clay/brickmaking. The Committee also recommends that the State party ensure that the implementation of legislation pertaining to child labour is effectively monitored and enforced, including through labour inspections in agriculture and the informal sector, ensuring that employers exploiting child labour are held accountable and that victims of child labour are rehabilitated and are ensured access to education. The Committee recommends that the State party undertake awareness-raising campaigns with a view to eradicating child labour.

The Committee recommends that the State party take urgent and effective steps to address the very high number of children living and/or working in the street, address the root causes of the phenomenon, and provide all street children with access to health services and education.

The Committee calls on the State party to raise the minimum age of marriage to 18 years for both boys and girls, and to ensure that marriage can be entered into only with the free consent of the intending spouses.

The Committee recommends that the State party take steps to ensure universal access to health insurance, providing for coverage for a minimum essential level of benefits to all individuals and families,including access to health facilities, goods and services on a non-discriminatory basis; provision of essential drugs; access to reproductive, maternal (prenatal as well as post-natal) and child health care; and immunization against the major infectious diseases occurring in the community.

The Committee recommends that the State party increase its efforts to combat unemployment through specifically targeted measures, in particular, aimed at women and youth, including by addressing mismatches between education and labour markets through increases in the quality of technical and vocational training and education. The Committee also urges the State party to adopt temporary special measures to address the very high unemployment rates in areas with ethnic minorities, and to include information in its next State party report on the progress achieved.

Establish procedures whereby custody rights are determined by a judicial process in accordance with the principle of the best interests of the child;

Raise the age of majority for girls and boys to 18 in conformity with the Convention on the Rights of the Child;

Prevent early and forced marriages

Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and protect women victims of trafficking, ensure accountability of the traffickers and provide compensation to the victims;

The State party should ensure that all members of ethnic, religious and linguistic minorities enjoy effective protection against discrimination and are able to enjoy their own culture and use their own language in media and schools, participate in public affairs and are provided with effective remedies against discrimination.

The State party should eliminate discrimination on the basis of sex with regard to the minimum age for marriage. It should also ensure that the minimum age complies with international standards and should adopt active measures preventing forced, early and temporary marriage of girls.

The State party should take steps to combat and prevent the trafficking and sale of persons under 18 years of age. The State party is also requested to provide the Committee in its next periodic report with statistics, on an annual basis, on the number of arrests and convictions under the 2004 law to combat trafficking.

The State party should amend the Penal Code to abolish the imposition of corporal punishment by judicial and administrative authorities. The State party should also explicitly prohibit all forms of corporal punishment in child-rearing and education, including by repealing the legal defences for its use in article 1179 of the Civil Code, articles 49 and 59 of the Penal Code and article 7 of the Law on the Protection of Children.

The State party should immediately end the execution of minors, and further amend the draft juvenile crimes investigation act and the Bill of Islamic Criminal Code with the aim of abolishing the death penalty for crimes committed under the age of 18. The State party should also commute all existing death sentences for offenders on death row who had committed a crime while under the age of 18.

The State party should consider abolishing the death penalty or at least revise the Penal Code to restrict the imposition of the death penalty to only the "most serious crimes", within the meaning of article 6, paragraph 2, of the Covenant and the Committee's general comment No. 6 (1982) on the right to life. It should ensure that, whenever it is imposed, the requirements of articles 6 and 14 of the Covenant are fully met. It should also ensure that everyone sentenced to death, after exhaustion of all legal avenues of appeal, has an effective opportunity to exercise the right to seek pardon or commutation of sentence from the relevant authorities. The State party should furthermore prohibit the use of public executions, as well as stoning as a method of execution.

The Committee recommends that domestic laws should be revised with a view to curtailing the number of offences currently punishable by the death penalty and to reducing the number of executions. Public executions should be avoided and the accused should, in all cases, be provided with all necessary guarantees, including the right to a fair trial as provided for under article 14 of the Covenant.