Impact Iran

Eliminate all obstruction to justice on the grounds of sex, class and religion emanating from the practice of diyah;

Strengthen the capacity of the Centre for Women's Participation (financially and politically) to develop policies and projects to address violence against women, to support research on the causes and consequences of violence against women, including suicides, and to effectively undertake its important advisory role in directing State policy and action concerning violence against women.

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.

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;

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.

The Special Rapporteur notes that numerous communications sent during this reporting period relate to imprisoned human rights defenders who are serving long sentences for their peaceful activities in defence of human rights. The Special Rapporteur acknowledges receipt of the substantive response from the Government to the communication dated19 April 2016 regarding the alleged arbitrary detention and charges issued against human rights defender and journalist, Ms. Narges Mohammadi. The Special Rapporteur further acknowledges the two detailed responses received to the communication dated 22 July 2016 regarding the alleged arbitrary arrests and detentions as well as denial of adaquate medical services to Mr. Abdolfattah Soltani, Mr. Arash Sadeghi,and Ms. Narges Mohammadi. The Special Rapporteur appreciates the information received by the Government that the prison charges the human rights defenders are facing have been reduced through implementation of article 134 of the Islamic Penal Code and selective pardons. The sentences of Mr. Soltani were commuted from 18 years imprisonment to ten years imprisonment, while those of Ms. Mohammadi were reduced from 16 years to ten years and finally Mr. Sadeghi's sentences were commuted from an alleged 19 years sentence (including the application of a suspended sentence from a previous case) to seven and a half years. The Special Rapporteur acknowledges that the Government refutes the allegations, nevertheless, he remains seriously concerned that the charges seem to be directly related to their legitimate work as human rights defenders and lawyers, as well as the legitimate exercise of their rights to freedom of opinion and expression and freedom of association. As such, he urges the Government to take all necessary action to release the imprisoned defenders.

The Special Rapporteur urges the Iranian Government to immediately drop all charges against Ms. Rahemipour and to halt any acts of retaliation against relatives, witnesses and human rights defenders who report cases of enforced disappearances, pursuant to article 13 (3) and (5) of the Declaration on the Protection of all Persons from Enforced Disappearance adopted by General Assemble resolution 47/133.

The Committee strongly urges the State party to review the provisions of the Act on Determination of the Nationality of Children Born into Marriages of Iranian Women with Men of Foreign Nationality amending the Civil Code, and to ensure that all children who are born to Iranian mothers, including children born out of wedlock, are entitled to Iranian citizenship on the same conditions as children born to Iranian fathers. The Committee also recommends that the State party provide information on the number of children born to Iranian mothers who have been naturalized, in its next periodic report.

The Committee recommends that the State party take steps to address the declining participation of women in the labour force. The Committee recommends that the State party amend the Civil Code and the Family Protection Law with the aim toremove the power of a spouse to prohibit the other spouse from entering employment.The Committee also recommends that the State party take steps to increase the number of women in decision-making and judicial bodies at all levels and in all areas.

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

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.

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 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.

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;

The Special Rapporteur strongly urges the Government of the Islamic Republic of Iran to fully cooperate with the mandates of the Special Rapporteur in the future, particularly due to the serious allegations addressed, and to provide information on the communications sent.

The Committee recommends that the State party take steps to ensure that ownership of houses and land, in particular in rural areas, is formally registered, and that the State party actively raise awareness among affected groups of the population, including through the dissemination of knowledge, on relevant legal provisions and registry procedures. It recommends that the State party take steps to prevent arbitrary interpretations of article 49 of the Constitution, and to ensure that persons affected by such confiscations have access to an adequate remedy, restitution of their property, and compensation, as appropriate, including in line with the Committee's general comment No. 7 (1997) on forced evictions. The Committee also requests the State party to include in its next periodic report information on the extent and the root causes of homelessness in the State party. The Committee draws the State party's attention to its general comment No. 4 (1991) on the right to adequate housing.

The State party should amend the Civil Code and further amend the draft Family Protection Law, to (a) abolish the requirement for a father's or paternal grandfather's approval to legalize a marriage; (b) grant women equal rights to divorce; (c) award equal custody rights to the mother, including after a child reaches the age of seven or if she remarries; (d) award guardianship of a child to the mother in the case of the father's death; (e) grant women the same inheritance rights as men; (f) remove the legal obligation for a woman to be obedient to her husband; (g) remove the requirement for a husband's approval when a woman intends to leave the country; (h) prohibit polygamy; and (i) remove the power of a man to prohibit his wife from entering employment. The State party should also adopt legislation giving Iranian women the right to transmit their nationality to their children.

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;

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.

He calls upon the Government to take immediate and effective steps to stop and reverse the desiccation of Lake Urmia and upon the international community to support the conservation efforts further.

The Special Rapporteur therefore continues to appeal to the authorities to declare a moratorium on the use of executions for all crimes not considered "most serious" under international law, and calls on the authorities to consider working with international and national stakeholders to amend its anti-narcotics laws in line with international human rights conventions to which the Islamic Republic of Iran is a party.He urges the authorities to reconsider laws that render acts not considered to be crimes under international law capital offences. He 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.

Continues to encourage the Government to increase its engagement with the United Nations human rights mechanisms, including his mandate, in order to establish meaningful dialogue and cooperation in furtherance of the pledges undertaken by President Rouhani's administration, and for the successful advancement of recommendations made in the universal periodic review that enjoyed the support of the Government in 2015.

Continues to urge the authorities to consider examining the views they have shared about the root causes of drug abuse and crime in the Islamic Republic of Iran, as well as their views about the deterrent effects of the country's drug policies.

The Special Rapporteur urges the authorities to provide information on the remaining three detainees, as well as those included in other communications during the present reporting period, as soon as possible as grave concern is expressed about their state of health and limited access to medical treatment.

The Committee recommends that the State party provide the National Body on the Convention on the Rights of the Child with a clear mandate and sufficient authority to coordinate all activities related to the implementation of the Convention at cross-sectoral, national, regional and local levels, that it strengthen its capacity and that it ensure that its relevant working groups are provided with the necessary human, technical and financial resources.

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;

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.

Urges the authorities to consider examining the merits of views shared about the root causes of drug abuse and crime in the Islamic Republic of Iran, along with proposals that urge it to re-examine the deterrent effects and human rights implications of the country's drug policies.

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;

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