since 201061, and as of January 2021 is under the review of the Iranian Parliament.62 The
Secretary General noted that “critical articles were reportedly removed from the initial proposal
of the Executive, including provisions protecting women from various forms of violence and
criminalizing domestic violence.”63 64
The available drafts of the law currently suggest that the text may be insufficient to protect
women in Iran from discrimination and violence. Even though the draft law may bring positive
developments, it will remain limited by the Civil Code65, the Family Law66, and the Islamic
Penal Code67, all of which contain provisions effectively discriminating against women and
failing to protect them adequately from violence.
Further, in November 2019, the Islamic Republic of Iran rejected States’ UPR recommendations
asking for the criminalization of domestic violence and marital rape.68 This suggests that the law
currently under the Parliament’s review will not criminalize domestic violence and marital rape.
As such, the draft legislation currently under the consideration of the Iranian Parliament may
well fail to address national and international concerns.
C. The Government should reconsider laws that insist that women must seek
permission to travel from their spouses.
Iran’s Civil Code forbids a woman from leaving the matrimonial home without the husband’s
permission, unless she is able and willing to go to court to prove she is endangered.69 The Civil
Code specifies that a woman who decides to leave the marital home will not receive alimony
from her husband anymore, which may well function as a deterrent for women to exercise their
freedom of movement.
According to Article 18 (3) of the Passport law, a woman needs written permission from her
husband to obtain a passport.70 In addition, the husband has the right to forbid his wife from the
country, regardless of whether she holds a passport. In exceptional cases, the county prosecutor
can authorize the issuance of a passport for a woman; however, only a few exceptions have been
61
Ceasefire Centre for Civilian Rights, Centre for Supporters of Human Rights and Minority Rights Group International
September 2019, https://www.justice.gov/eoir/page/file/1203136/download
62
New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html
63
Report of the Secretary General, Situation of human rights in the Islamic Republic of Iran, 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_SecretaryGeneral_on_the_situation_of_human_rights_in_the_Islamic_Republic_of_IranA4320.pdf
64
See Radio Farda https://en.radiofarda.com/a/new-watered-down-draft-law-on-violence-against-women-iniran/30173089.html ;
and ISNA www.isna.ir/news/98071612729/ (in Farsi).
65
The Civil Code: < https://shenasname.ir/laws/6664 >
66
The Family Law: < https://shenasname.ir/subjects/family/1470 >
67
The Islamic Penal Code: <https://shenasname.ir/subjects/salamat/1571-mojazat92 >
68
Recommendations 26.253, 26.254, Universal Periodic Review, Iran, 2019, https://undocs.org/en/A/HRC/43/12/Add.1
69
Article 1117 of the Civil Code.
70
The Passport Law: <https://rc.majlis.ir/fa/law/show/96904 >
7