In light of the above, the government of the Islamic Republic of Iran has not opened a greater
space for civil society actors to be able to carry out their work. The Government of the Islamic
Republic of Iran has not refrained from repressing dissent.
B. The Special Rapporteur would also like to underscore the importance of
perpetuating a culture of tolerance, and urges the Government to prevent
discrimination against women, as well religious and ethnic minorities, in all spheres
of public life and services, and to protect their freedoms to freely associate and
express themselves.
As described above, the freedoms of association and expression are restricted under Iranian law.
Article 19 of the Constitution guarantees that all people enjoy equal rights, “whatever the ethnic
group or tribe to which they belong” and that “color, race, language, and the like, do not bestow
any privilege”. However, the Constitution omits an explicit provision recognizing religion or
belief as a protected characteristic. Article 20 of the Constitution states that “All citizens of the
country, both men and women, equally enjoy the protection of the law and enjoy all human,
political, economic, social, and cultural rights, in conformity with Islamic criteria”. Additionally,
Article 23 of the Constitution stipulates that “the investigation of individuals’ beliefs is
forbidden, and no one may be molested or taken to task simply for holding a certain belief”. 44
Despite these legal safeguards, the rights of ethnic and religious minorities are not fully protected
under Iranian law. Notably, representation and participation in public affairs by members of
ethnic nationalities or religious minorities is limited. For instance, the Iranian Constitution places
religious requirements on certain high-ranking positions. The President, the Supreme Leaders,
members of the Guardian Council, of the Assembly of Experts and of the Expediency Council
must all adhere to Shi’a Islam.45 These constitutional rules exclude persons belonging to
religious minorities such as Sunnis, Jews, Christians, Zoroastrians, Yarasan or Baha’is from
these key positions. It also indirectly excludes most Kurds, Turkmen and Baloch who are Sunni
in majority. None of the provinces that are populated in majority by minority groups, like
Kurdistan, Sistan-and-Balochistan, Golestan, East and West Azerbaidjan, are run by a person
belonging to that minority. 46
44
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
45
The Constitution of the Islamic Republic of Iran, English translation, Articles 5, 91, 109, 111 and 115.
https://irandataportal.syr.edu/wp-content/uploads/constitution-english-1368.pdf
46
Joint submission to the Human Rights Committee, Abdorrahman Center, Iran Human Rights Documentation Center (IHRDC),
Impact Iran and Human Rights Activists in Iran, 2020,
5