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31 October 2014 - 9.00 a.m. - 12.30 p.m.
Iran – Twentieth session - 2014
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National Report
Compilation of UN information
Stakeholder Information
Accepted and rejected recommendations
B. New laws Islamic Penal Code
4. The new Islamic Penal Code (IPC) was drafted in 2013 to re-examine and amend the regulations of the old one. Drafters of the new code have considered the critiques and recommendations of legal experts on the articles of the previous law. In comparison, the form and substance of the new Code is more comprehensive. Such concepts as mitigation, suspended prosecution, postponement of sentencing, alternative sentences, parole, pardon, juvenile justice and criminal responsibility of legal entities have been incorporated into the new code.
The new Criminal Procedure Law
5. The new criminal procedure law was adopted in 2014 to facilitate demands for justice. The main concepts contained in the new law include: [...]official recognition of participation by human rights NGOs in various stages of criminal prosecution. In this context, article 66 of the law states: “NGOs whose statutes concentrate on children, women or juvenile protection or the infirm – as well as those with physical and mental disabilities, environmental conservation, natural resources, cultural heritage, public health and civic rights can approach the court to indict offenders. They are also allowed to be present in all stages of prosecution to adduce and object to the verdicts of judicial officials.”
Law on protection of children and adolescents without parental care or negligent parents
7. Care for children and adolescents without parents to meet their material and psychological needs is provided in accordance with the regulations of this law. In addition, bills on “Juvenile Justice” and “Child Protection” have been drafted to further protect the rights of the child.
Designation of National Focal Point for the Convention on the Rights of the Child
12. To promote and protect the rights of the child, a national CRC focal point has been established. After the approval of its administrative bylaws, the focal point has been active since 2011.
III. Implementation of first UPR cycle recommendations
A. Procedures and national human rights mechanisms to promote and protect human rights.
1. Education, capacity building, promotion of economic, social and cultural rights and protection of human rights (recommendations 5, 7, 16, 17, 18, 19, 21, 61, 81, 82, 84).
14. Steps taken for promotion and protection of human rights include:
•As part of the implementation of the “National Document on the Fundamental Transformation of the Education System” and the “National Curriculum Program”; issues such as citizens’ rights, humanitarian obligations and rights, minority rights, family rights and environmental rights have been included in the curriculum and new text books. Additionally, to motivate learners to regularly participate in its literacy classes, the Literacy Movement, alongside teaching reading, writing and arithmetic, have started to teach life skills including family and child rights;
•Joint educational plans with international organizations, including “Friendship Schools Project”, “Child Friendly Schools”, “UNESCO Associated Schools Project” and “ISESCO Associated Schools Project” have been implemented;
•Working groups on family education have been established to explore nurturing, economic, religious and citizen’s rights;
•Numerous measures have been taken to train government officials on human rights, including:[...]
- Human rights training for 707 prison counselors on citizens’ rights, juvenile justice and rehabilitation of delinquents; [...]
3. Administration of justice
38. The 2013 Islamic Penal Code has included “diversion program” by incorporating helpful legal concepts such as delayed sentencing, mitigation and waiver of punishment, semi-open prisons, alternative sentencing – especially for punishments, as well as preventive and corrective measures, for children and juveniles – and reduced prison sentence on payment of restitution. Article 58 of the Code details the conditions for parole as well. Additionally, the 2013 “Classification of Prisoners and Reduction of the Penal Population Directive” guarantee that no one remains in custody more than allotted by law.
C Economic, social and cultural rights
1. Right to health (recommendations 63, 64, 65, 66, 86)
49. As part of the ongoing efforts to improve healthcare, the malnourished expectant and nursing mothers – in the framework of “Healthy Mothers Program” run by the nationwide health network – are given free nutritious food baskets.
50. The “Children’s Nutrition Program” is being implemented with the help of relevant organizations. The Program has now expanded its food basket plan, to cover 60,000 children instead of the original number of 47,000. Similarly, the number of nutrition counseling centers has increased from the original 80 in 2009 to 150 centers in 2013. Reports now show that as a result of the program, children’s nutrition has improved by 40 percent.
6. Right to development
b. Education, health and social services in rural areas (recommendations 65, 71)
68. According to articles 3, 29 and 43 of the Constitution, the Government must provide universal free educational facilities and health services to all citizens. To help fulfill this duty, article 194 of the Fifth National Development Plan has concentrated on rural development.
70. Construction of 63500 rural schools, presently more than 95 percent of the rural population has access to appropriate educational space.
c. Poverty reduction (recommendations 67, 68, 69, 100)
73. National plans and programs have been also executed to fight against poverty including: establishment of women and children’s Shelters, nutrition program for impoverished pregnant women and women headed households and financial support and nutrition program for disadvantaged children.
D. Protection of vulnerable groups
1. Women’s rights (recommendations 7, 31, 32, 33, 34, 36, 45, 60, 64)
77. Iran has tirelessly worked to advance women’s rights. Extensive measures have been taken to improve women’s health and education, fight poverty, create jobs, provide security and fight violence against them and help increase the presence of women in the political, social and cultural life. In this regard, during the recent years, a number of institutions have been established and measures taken to help advancement of women’s rights, including:
Mechanisms for the advancement of women’ s rights [...]
- Expansion of the role of the Family, Women and the Youth Commission – and also the Women’s Faction – in the Parliament; [...]
- Enhancement of the Judiciary's Office for Protection of Women and Children; [...]
Improving the status of women before the law
78. the most important steps taken include
The Law on Organization and Support for Home-Based Businesses Act (2010); The Act to Amend Articles 1 and 7 of the Women's Part-time Employment Act (2010); [...]Formulation of draft Bill on Protection of Women against Violence (2011); Adoption of the Family Protection Act (2012). Issues that pertain to the protection of women's rights in the above act, include: [...]
- Provisions to help mothers collect child support; [...]
- Uniformity of survivor (deceased person's spouse and children) pension laws, in all retirement funds;
- The new " Rules of Criminal Procedure" is specially attentive to the rights of women, including: [...]
- Providing NGOs that work with women and children, the possibility to approach courts to indict offenders. Additionally, the above NGOs are now allowed to be present in all stages of prosecution (article 66);
Combating violence against women
83. the most important steps taken in recent years, to combat violence against women include: [...]
- Organization of exhibitions, workshops, conferences and scientific meetings for women and girls -- to increase awareness of social threats and provide strategies to deal with them as well as awareness campaigns on AIDS, hepatitis, psychological disorders and diseases more common in women; [...]
Combating trafficking of women and girls
86. Iran is working closely and effectively with INTERPOL, to combat trafficking in women. The “Act to Combat Human Trafficking” was drafted and passed following Iran’s accession to the “Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children”. In the above Act, provisions have been made for the rights of women and children and punishments devised for those who engage in these crimes.
2. Children’s rights (recommendations 7, 22, 35, 36, 39, 40, 45)
87. Consistent with article 21 of the Constitution, the Government has responsibility to comprehensively – and within Islamic parameters – guarantee the rights of women and protect children. To fulfill this task, the Government has used article 230 of the Fifth National Development Plan to work with relevant organizations and formulate – and later pass – the Comprehensive Family Development Plan.
88. Since 2009 following steps were taken to promote the rights of children:
- Approval of the Islamic Penal Code in 2013 (articles 88 to 95 pertain to children’s rights);
- Approval of the “Protection of Family Rights Act” in 2013 (article 45 pertains to respect for the higher interests of children);
- Formulation of the “National Document on Children and Adolescents” to correspond with legislation by the Supreme Council of the Cultural Revolution (2013);
- Approval of the “Protection for Children and Adolescents without Parental Care or with Abusive Parents Act” (2013);
- Expansion of “Street Children’s Unit” operations (2013);
- Creation of “National Children’s Rights Focal Point Coordination Council” and its scientific and executive working groups (2011);
- Creation of “National Focal Point for Convention on the Rights of the Child” and the passing of its statute (2011). Some of the steps taken by the National Focal Point include:
- Signing a five year memorandum with UNICEF’s office in Tehran;
- Organization of the best judicial verdict competition – requiring contestant judges to cite the CRC in their verdicts and mete out alternative sentences that incorporate the higher interests of children;
- Beta-testing of the Data Bank and Children’s Rights Electronic Referral Management System;
- Organizing numerous workshops on CRC, in collaboration with civil society institutions and UNICEF (2013);
- Creation of intersectional coordination workgroup – in collaboration with UNICEF – on prevention of violence against children (2013);
- Collaboration with the Iranian radio and television network to produce children’s awareness raising programs;
- Establishment of the Department of Children’s Rights in Shaheed-Beheshti University which is offering master’s degrees (from February 2013) in “children’s rights”.
89. It must be highlighted that child who commit crimes is not held criminally responsible. Rather, the law has put emphasis on education, and with the authorization of juvenile courts, this important task is entrusted to guardians of the child, and when necessary, juvenile rehabilitation centers, so that once adolescents return to society, they can resume their ordinary lives.
90. In deference to Islamic and humanitarian ideals, the judiciary exercises leniency when dealing with underage offenders. This includes referral of such cases to the juvenile court and use of alternative sentencing. According to existing procedure, even after the court’s verdict has been finalized and affirmed by the Supreme Court, extensive efforts are made by the “Reconciliation Commission” to plead with victims to reconsider – including owners of the blood (i.e. victim’s immediate family).
91. Pornography has a devastating effect on public, family and individual decency and modesty and is criminalized by the legal systems of many countries. Iranian penal law, including article 640 of the “Islamic Penal Code”, has addressed the issue.
92. Iran has joined the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography. The “Children and Adolescent Protection Bill”, which is before the Parliament for deliberation, has also decisively addressed the issue of pornography and prevention of sexual slavery and prohibition of the selling and purchase of children and has foreseen legal punishments for offenders.
93. The 2009 “Cyber-Crimes Act” has addressed the issue in its chapter four on crimes against public decency and good morals. The Cyber Police is also tasked with fighting pornography. Additionally, the “IT and Digital Media Center for the Wellbeing of Children” has been established to fight the production of child pornography.
3. Disability rights (recommendations 7, 36, 37, 38, 85)
94. In 2009, Iran joined the CRPD and submitted its preliminary national report in 2013. Iran has taken extensive measures which have been described in detail in the above preliminary national report. Nevertheless, some of the most important steps include:
Economic and social rights [...]
• Training courses for families with disabled children; [...]
• Establishment of disability and recreational and physical activity centers and organization of educational camps;
• Prevention of disability and improvement of the health and wellbeing of disabled children including:
- Signing the Optional Protocol on the Involvement of Children in Armed Conflict (2010);
- National planning to prevent congenital disabilities;
- Extensive inoculation of necessary vaccines;
- Pregnancy supplements to prevent birth defects.
- Education of less-abled students
95. The program to integrate less-abled students into the population of standard schools started in 2013. According to this program, each year, 1000 less-abled students are enrolled alongside other students into standard schools. At the moment, 40,000 less-abled students are studying in standard schools.
Promoting the rights of the persons with disabilities
96. To help realize the objectives of the “Comprehensive Protection of the Rights of the Disabled Act” and the 2012 “Comprehensive Veterans’ Services Act” a number of initiatives have been taken which include weekly radio and television programs, organization of training courses, public awareness campaigns and information for parents.
5. Minority rights (recommendations 31, 50, 51, 95, 102, 117, 118, 119)
101. Whereas, minorities with a population of 200,000 have 5 representatives in the Parliament, other Iranian citizens have one representative for every 150,000 inhabitants. Furthermore, to increase the presence and participation of religious minorities in different political, social and decision making settings, numerous measures have been taken, which include: [...]
• Children of followers of different religions, once starting school, are given the choice to be educated in accordance with their own religious teachings or attend schools that exclusively belong to their communities and offer religious instructions and ethnic language skills. They further have the right to continue their studies in all middle and high schools and attend university and to apply for Government positions; [...]
• Minorities are also active in civil society endeavors including through involving in women, children and charity NGOs.
102. In addition to earmarks in the public budget, million dollars - increased in proportion to annual inflation – are allocated to minority religions to be spent on cultural affairs, education, science and sport. Additionally, their religious places are repaired and restored by the government using public monies. Some of the more historic sites are nationally registered.
2. Compliance with international obligations (recommendations 2, 3, 4)
113. Iran has actively worked to present regular reports to the UN bodies and by doing so, practically demonstrate its commitment to its international obligations. In this context, the Country: [...]
• Submitted its third periodic report to the CRC (2013) and its initial report to the ICPRD (2013).
I. Background and framework
B. Constitutional and legislative framework
6. The HR Committee urged the Government to adopt legislation giving Iranian women the right to transmit their nationality to their children.
III. Implementation of international human rights obligations
A. Equality and non-discrimination
14. The Special Rapporteur on the situation of human rights in the Islamic Republic of Iran noted gender-based disparities in economic participation and political empowerment: unsuccessful legislative attempts to reinforce polygamy and reduce work hours for women, and current policy proposals that discriminated against women in education had threatened recent achievements in education for women.
B. Right to life, liberty and security of the person
20. The Secretary-General urged the authorities to fully abolish the death penalty for crimes committed by persons under 18 years of age, in accordance with the country’s obligations under the ICCPR and CRC.
21. On 26 June 2014, the United Nations High Commissioner for Human Rights expressed concern about the imminent execution of Razieh Ebrahimi, who was convicted of killing her husband when she was 17 years old. She was married to him at the age of 14, gave birth to a child when she was 15, and says she was subjected to domestic violence. The High Commissioner expressed alarm at the large number of juvenile offenders who reportedly remained on death row.
22. UNCT noted that the revised IPC included provisions which promote alternatives to punishment for children who commit crimes under the category of ta’zir. As for children who commit crimes under categories of hodoud and qisas, if they do not understand the nature of the crime or its prohibition and/or there is a doubt regarding their mental maturity and ability to reason, they would be subject to ta’zir punishments (art. 91).
24. The HR Committee urged the Government to amend the draft Juvenile Crimes Investigation Act with the aim of abolishing the death penalty for crimes committed under the age of 18; and to commute all death sentences for juvenile offenders.
29. The HR Committee was concerned that corporal punishment of children was lawful at home, as a sentence of the courts and in alternative care settings. It urged the Islamic Republic of Iran to explicitly prohibit all forms of corporal punishment in child-rearing and education, including by repealing the legal defences for its use in the Civil Code, the Penal Code and the Law on the Protection of Children.
D. Right to privacy, marriage and family life
36. The Secretary-General noted that the Civil Code provided for the marriage of girls at age 13. However, with the permission of a competent court, girls can be married at the age of 9. The 2013 Family Protection Law reportedly allowed for full or temporary marriage and legalized polygamy.
37. The HR Committee was concerned about forced, early and temporary marriages of young girls. It was also concerned about persistent trafficking in women and children, particularly young girls from rural areas, often facilitated by temporary marriages (siqeh). CESCR called on the Government to ensure the free consent of the intending spouses.
H. Right to social security and to an adequate standard of living
63. The Secretary-General noted that the access of the poor to basic services had substantially increased:[...] He also noted that equitable access to food, sanitation, health, education, information and services continued to be a challenge, as did sustained provision of social services. [...].
64. CESCR was concerned about poor living conditions in regions inhabited by ethnic minorities, in some cases completely lacking basic services, being particularly concerned that the province of Sistan and Baluchestan was characterized by the country’s worst indicators for life expectancy, access to water and sanitation, and infant and child mortality.
67. CESCR recommended that the Government provide all street children with access to health services and education.
I. Right to health
68. CESCR was concerned that a significant portion of the population was not covered by any health insurance scheme, recommending that the Government ensure universal access to health insurance on a non-discriminatory basis, including access to reproductive, maternal and child health care.
J. Right to education
72. CESCR was concerned about high dropout rates of girls in rural schools and of indigenous Arab children; the high illiteracy rates among Ahwazi Arabs and Azeris; and the stark differences between schools in urban and rural areas.
73. CESCR was concerned about restrictions on access to university education, particularly affecting women. The Secretary-General noted that women were significantly affected by the economic downturn resulting from sanctions as girls risked being withdrawn from school and women pushed out of the job market. UNCT noted that, in 2012, 36 Iranian universities banned women from enrolling in 77 academic subjects, including nuclear physics, computer science, electrical engineering, industrial engineering and business management. UNESCO encouraged the Islamic Republic of Iran to take steps to improve action on discrimination in education, especially to raise restrictions on access to university education.
74. The country mandate holder noted limitations placed on access to education for women and religious minorities, as well as reports that students engaged in political activities were being deprived of their education.
75. CESCR was concerned about the lack of access to primary education of children with disabilities and children of nomadic communities, as well as about the imposition of enrolment fees.
L. Minorities
79. The country mandate holder expressed deep concern about the human rights situation facing religious minorities, including Baha’is, Christians, Sunni Muslim communities, as well as Dervishes. In particular, he noted that members of the Baha’i community were reported to continue to be systematically deprived of a range of social and economic rights, including access to higher education.
M. Migrants, refugees and asylum seekers
80. The Secretary-General noted that some Afghan refugees reportedly experienced physical mistreatment and confiscation of property during deportation. Families were reportedly often separated, leaving children more vulnerable to physical and mental abuse.
81. UNCT recommended issuing birth certificates to refugee children: children born to refugees in Iranian hospitals could only receive delivery certificates issued by the hospitals. A lack of a birth certificate had a negative impact on many spheres of children’s life, from Amayesh registration, access to education, benefits upon return.
N. Right to development, and environmental issues
82. The Secretary-General noted that the country was on track to achieve most of the Millennium Development Goals, notably Goal 1 (eradicating extreme poverty), Goal 2 (achieving universal education), Goal 4 (reducing child mortality) and Goal 5 (reducing maternal mortality).He also stated that, although the main components of human development had improved significantly in economic terms, the country still faced challenges of unemployment, low labour productivity growth rates and sustained income inequality.
I. Information provided by stakeholders
C. Implementation of international human rights obligations
2. Right to life, liberty and security of the person
16. According to Joint Submission 1 (JS1), the 2013 IPC retains the death penalty for nearly all offenses as in the former IPC and even expands its scope giving judges authority to order death in additional cases based on Sharia law, while it reduces the number of death-eligible crimes for which juvenile offenders may be executed. AI also noted that the revised IPC retained stoning to death as a punishment for “adultery while married”, which is imposed disproportionately against women, as well as other cruel punishments, including flogging and amputation.
18. JS1 noted that despite accepting the recommendation to abolish juvenile executions in the 2010 previous review, juvenile offenders continued to be executed. AI also noted that, during the last four years, the Islamic Republic of Iran had carried out more executions than any other country except for one and continued to execute juvenile offenders.
23. According to Justice for Iran (JFI), forms of sexual torture and other ill-treatment reported include sexual harassment and assault, extraction of false confessions regarding women’s sexual relationships, unjustified strip and body cavity searches, inappropriate touching of genitals and breasts, threats of rape, forced marriages, rape of young virgin girls before execution, deprivation of access to sanitary pads, deprivation of access to safe, hygienic conditions during pregnancy and delivery, and the use of women’s newly born infants as a tool to inflict psychological pain. Joint Submission 9 emphasized that women and LGBTI persons in prison were particularly vulnerable.
30. Global Initiative to End All Corporal Punishment of Children noted that corporal punishment of children had long been lawful in the home and care settings and in the penal system as a sentence under Islamic law. Efforts had been made to strengthen children’s legal protection from violence, but legislation continued to provide for the right of parents and others to impose corporal punishment on children. It recommended that legislation be enacted to explicitly prohibit corporal punishment in all settings, including the home and as a sentence for crime, and to repeal all laws providing for a right of “correction”.
31. Institute for Social Justice Pakistan stated that every year hundreds of innocent children, women mainly persons with disabilities were abducted from poor areas of a neighbouring country and transported to Iran where these children and person with disabilities were forced to beg in front of mosques and shrines.
36. Child Rights International Network (CRIN) recommended that the Islamic Republic of Iran raise the minimum age of criminal responsibility and eliminate discrimination between boys and girls in this regard.
39. HRW stated that women faced discrimination in many areas, including personal status matters related to marriage, divorce, inheritance, and child custody: a woman needs her male guardian’s approval for marriage regardless of her age, and cannot generally pass on her nationality to her foreign-born spouse or their children.
40. HRW also stated that child marriage, though not the norm, continued, where the law provides that girls can marry at the age of 13 and boys at the age of 15 and below such ages with the permission of a judge. According to HRW, in 2013, a new law on the protection of children in adoptive care came into force that allows marriage between current and former adoptive parents and their children if a court decides that the marriage is in the interests of the child.
41. According to WLUML, as of 2010, the Government estimated that there were 32,000 cases of unregistered marriages between Iranian women and Afghan men. Children born out of these marriages continue to remain in legal limbo and experience daily realities characterized by discrimination, violence and absolute lack of entitlement, including to education and primary health care.
5. Freedom of movement
42. JS3 noted that a human rights defender, Abdolfattah Soltani’s wife was arrested and held in custody for close to one week in July 2011 after travelling to Nuremburg to receive the Nuremburg Human Rights Award on her husband’s behalf. She was sentenced to one year in prison which was later suspended for five years and handed a five year ban on foreign travel. The 12 year old daughter of Nasrin Sotoudeh, a human rights activist and lawyer, was handed an international travel ban by the authorities.
8. Right to social security and to an adequate standard of living
57. Joint Submission 7 noted the children’s nourishment programme aimed at providing services such as food baskets, nourishment consultations, and practical training for mothers regarding children’s nourishment.
60. AI stated that the authorities had reduced women’s access to sexual and reproductive health services as part of reversing an official policy on population control further eroding women and girls’ enjoyment of their rights.
10. Right to education
64. According to AI, the authorities have limited women’s access to higher education by imposing gender quotas, excluding women from certain academic courses and increasing gender segregation at universities.
65. Child Foundation requested the Ministry of Education to work with charities relevant to education of children to provide children and students with more extensive and better services.
66. LLG noted that Kurds and other minority groups (Afghan refugees, Ahwazi Arabs, Sistan and Balochestan) were prevented from accessing education in their mother tongue and were banned from using minority languages in official contexts.
67. AI noted that discriminatory policies and practices prevented Baha’is and certain other religious minorities from studying at Iran’s universities, and that activists campaigning for the full enjoyment of the right to education of Baha’is faced imprisonment.
12. Persons with disabilities
71. Society for the Protection of Handicapped Children and Youth noted that the 2004 Supporting Handicapped Rights Act defined the responsibilities of each organization towards people with disabilities. However, since almost 10 years in enforcement, the main part of the Act had not been implemented, the reasons for which may be traced to lack of an adequate budget and a supervising system.
13. Minorities
77. According to BIC, Bahá'í children and adolescents are subjected to intimidation and harassment by teachers and school officials in classrooms. Some faced expulsion, when their identities were revealed. Young Bahá’ís were often pressured to convert to Islam, obliged to use textbooks that denigrate and falsify their religious heritage, and singled out as their faith was attacked; all who dared to respond were severely reprimanded.
78. BIC stated that students identified as Bahá'ís continued to be denied access to public and private universities and vocational training institutes. From 2011 to early 2013, there were at least two dozen additional expulsion cases of Baha’is who had entered university without their religion being identified. The authorities were trying to ensure that no more Bahá'í students who began their studies will be allowed to graduate with a degree.
Accepted and rejected recommendations
The following recommendations were accepted by Iran
Recommendations which enjoy the support of the Islamic Republic of Iran:
138.20 Consider the possibility of acceding to the International Convention on the Rights of Migrant Workers and Members of Their Families (Egypt);
138.45 Continue to pursue the adoption and implementation of administrative measures aimed at the promotion and protection of the rights of the child (Pakistan);
138.87 Facilitate social inclusion of women to prevent violence against women and children as well as discrimination based on sex and social status, by improving domestic mechanisms and the adoption of legislative measures for the social integration of women (Tajikistan);
138.93 Intensify efforts for the enhancement of the cultural, social and economic rights of women, children and people with disabilities (Lebanon);
138.99 Continue efforts to promote and protect the rights of women and children (Algeria);
138.108 Continue the endeavours to enhance the rights of women, children and persons with disabilities (Qatar);
138.110 Continue to take measures to strengthen mechanisms for the protection of the rights of women and children (Uzbekistan);
138.187 Prevent and punish violence against women and children (Peru);
138.194 Continue adequate measures for addressing the special needs of women and protecting children from violence (Democratic People’s Republic of Korea);
138.217 Continue to realize concrete measures for the protection of the rights of the child and continue Government support for the institution of the family (Russian Federation);
138.252 Continue to implement programmes in the area of education, health and social empowerment and integration of vulnerable groups, especially women, children and the disabled, through the established national mechanisms as well as with the relevant NGOs and international organizations (Brunei Darussalam);
138.270 Step up efforts to provide greater access to education and health (Turkmenistan);
138.271 Intensify and carry forward its efforts, particularly in the area of right to education (Democratic People’s Republic of Korea);
138.272 Redouble its efforts to strengthen public education, awareness, capacity-building programs and training (Djibouti);
138.273 Continue its efforts to bridge the gaps in the field of education, in remote areas (Malaysia);
138.274 Strengthen policies to prevent school dropout (Bangladesh);
138.280 Continue the adoption of special measures aimed at improving the quality of life of children with disabilities (Kuwait);
Recommendations which enjoy partial support of the Islamic Republic of Iran:
138.12 Step up its efforts to ensure equal treatment of women and girls, particularly by ratifying the Convention to Eliminate All Forms of Discrimination against Women (Thailand);
138.91 Take measures to ensure equal access of women to higher education and professional life, including by repealing the restrictions on female students and by lifting bans on women in certain professions (Germany);
138.95 Intensify efforts to ensure that women and girls receive the same treatment as men and boys (Uruguay);
138.100 Ensure equal rights and opportunities for women and girls (Austria);
138.102 Take additional steps to improve gender equality and enhance women’s position in marriage, divorce, nationality, custody of children and inheritance (Bosnia and Herzegovina);
138.111 Adopt provisions to prevent all forms of discrimination against women and girls and, in particular, promote access to higher education for members of the Baha’i community and other religious minorities (Chile);
138.112 Continue working so that Iranian women have the right to transmit their nationality to their children (Guatemala);
138.156 Ban executions of juvenile offenders, while at the same time providing for alternative punishments in line with the new Iranian Penal Code (Italy);
138.190 Put forward its best efforts to eliminate all forms of discrimination against women, including early forced marriage of girls and unequal rights to marriage, divorce, inheritance and child custody (Republic of Korea);
138.192 Abolish the discriminatory practice of forced and early marriage, high drop-out rates in schools and restrictions to university education for girls, and promote active participation of women in the society (Slovenia);
138.204 Increase the legal measures aimed at guaranteeing due process and the impartiality in the administration of justice, including the independence of judges and the Bar Association, paying special attention to the recommendations concerning the death penalty formulated by the Human Rights Committee, especially in relation to juvenile offenders (Chile);
The following recommendations were rejected by Iran
Recommendations which do not enjoy support of the Islamic Republic of Iran:
138.18 Reconsider the general reservation on the Convention on the Rights of the Child, with the aim of lifting it, and fully accede to the three Optional Protocols to CRC (Burkina Faso);
138.19 Reconsider its reservations to the Convention on the Rights of the Child (Ghana);
138.128 Take measures to ensure non-discrimination in law and in practice against ethnic and religious minorities, including arbitrary detention and exclusion from higher education and government employment, as well as governmental interference in private employment against persons belonging to the Baha’i community (Sweden);
138.149 Amend all laws and practices to ensure that no person under the age of 18 at the time of the crime can be sentenced to death (Belgium);
138.150 Establish a formal moratorium on the death penalty and in particular cease all planned executions of juvenile offenders and prohibit the imposition of the death penalty for crimes committed by minors (Australia);
138.151 Immediately declare an official moratorium on executions, particularly for minors at the time of the crime (Belgium);
138.152 Abolish the death penalty, at least for juvenile perpetrators (Czech Republic);
138.153 Put a complete moratorium on the use of the death penalty and, short of such a decision, prohibit the death penalty for juvenile offenders and abandon the practice of public executions (Hungary);
138.154 Outlaw the death penalty for persons convicted of crimes committed before the age of 18, without exception, and implement a moratorium on all executions (Iceland);
138.155 Establish a moratorium on executions with a view to abolishing the death penalty, and guarantee that no individual under the age of 18 at the time of their alleged crime is sentenced to death, in line with its obligations under the Convention on the Rights of the Child (Ireland);
138.157 Establish a moratorium on the use of the death penalty with a view to its abolition and commute all death sentences for persons under the age of 18 (Lithuania);
138.158 As a first step, end the executions of minors, in accordance with the commitment made by Iran under the International Covenant on Civil and Political Rights as well as the Convention on the Rights to the Child (Luxembourg);
138.159 Take immediate measures to abolish the death penalty for crimes committed by persons when they were under the age of 18, and place a moratorium on public executions (Norway);
- 138.160 Abolish the death penalty for those under 18 (Paraguay);
- 138.161 Prohibit the application of the death penalty to minors at the time of the offence (Spain);
138.162 Issue an immediate moratorium on the use of the death penalty for juveniles and for crimes that do not meet the most serious crimes standards under international law (United Kingdom of Great Britain and Northern Ireland);
138.166 Establish an official moratorium on executions, in particular executions of juvenile offenders who were under the age of 18 at the time of the alleged crime, with a view to reviewing all cases of juvenile prisoners on death row (Austria);
138.188 Abolish and amend all laws that encourage and forced, early and temporary marriages of girls as young as 9, and that allow marriage between adoptive parents and their children (Israel);
138.189 Amend the Civil Code in order to bring to 18 years old the legal marriage age for both boys and girls, and repeal the amendment to the Law on the Protection of Children and Adolescents with No Guardian, which allows for marriage between adoptive parents and their adopted child (Italy);
138.191 Pass legislation to raise the legal age of marriage to 18 and to eliminate the practice of forced and temporary marriages (Sierra Leone);
138.197 Exercise due diligence to prevent, deter, investigate and punish those accountable for violence against women and girls (Israel);
138.201 Amend the Islamic Penal Code and outlaw inhuman corporal punishments (Czech Republic);
138.202 Explicitly prohibit all forms of corporal punishment of children (Israel);
138.203 Revoke all laws that allow corporal punishment of children (Israel);
138.218 Raise the minimum age of marriage to 18 years and ensure marriage with the legal requirement of free consent of spouses through amendments to the Civil Code and the Family Protection Law (Poland);
138.245 Take legislative and administrative measures to remove legal restrictions and social barriers to women’s equal participation in the work force and access to education and government decision-making positions (Canada);
Notes
• Recommendation 18: The Islamic Republic of Iran attaches great importance to promotion of the rights of the child. For this reason, beside numerous national initiatives, Iran has also joined the Convention of the Rights of the Child and its second Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. In keeping with its intention to implement the Convention, Iran established its National Committee on the Rights of the Child, and in line with the provisions of this convention, it has submitted three periodic reports to the relevant monitoring body. Iran, like a number of other countries, acceded to this convention by placing a general reservation in light of its religious principles and culture. For this reason, Iran cannot support recommendations that are contrary to this reservation. In the laws of Iran, in light of Islamic teachings, a person that has reached the age of maturity and is of sound mind has the possibility of marrying freely and forming a family with due regard to his/her legal obligations and personal interests. In addition, forced marriage is forbidden in accordance with Article 1062 of the Civil Code of Iran and is totally irrelevant. Marriage with a person that has not reached the age of maturity is forbidden and punishable according to Article 646 of the Penal Code.