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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Iran - 7th Session - 2009 Scroll to: National Report 47. For further protection of the rights of the child and where it is needed special branches of the General Courts are dedicated to hearing the offences committed by children.46 The Office for the Protection of the Rights of Women and Children 51. This office was established in 2004 in the Judiciary. All general departments of the Ministry of Justice are required to establish special office for the protection of rights of children and women. 59. The Judiciary has established constructive cooperation with some of the United Nations specialized agencies including the five-year plan for cooperation with UNICEF (2004-2009) for the purpose of harmonizing national laws and regulations with the international norms on the rights of children and juveniles, holding of training courses in disadvantaged areas and on children at risk. 79. The second national report of Iran to the Committee on the Rights of the Child was submitted in 2002 and the third and fourth reports will be submitted in 2010. 92. Ministry of Education has carried out a number of programs to promote the right to education and to elevate it qualitatively and quantitatively for all segments of population, especially the vulnerable groups in the society. Moreover, the Ministry of Higher Education, Research and Technology has also been effectively promoting higher education in the country. 93. According to the latest statistics, literacy of men stands at 88.75 per cent and literacy of women at 80.3 per cent among the population above the age of six. The ratio of girl students to total number of students has increased 10 per cent from 38.4 per cent to 48.6 per cent. The number of students of non- profitable schools has increased two folds from 620,068 to 1,086,361. The total number of schools has increased 3 folds, from 53,885 to 146,213. 94. Diversification of methods of higher education by establishing new fields and disciplines, development of inter-disciplinary fields, increasing the enrolment in continuous education courses, development of advanced medical education, expansion of non-governmental and non-profitable higher education institutes, development of applied and modular courses are among the fundamental measures taken by the higher education, research and technology sector to achieve the qualitative goal of increasing access to higher education in the framework of the primary ambitious goals of the Fourth Development Plan. In the 2008 academic year, the total number of university students was 3,392,000 which indicate an increase of 20 per cent comparing with the previous academic year. 108. The important of the rights of the child has a long record in Iranian and Islamic culture. In addition, there are numerous considerations in the Islamic Sharia that compel; paying attention to children in psychological, moral, living and legal aspects. Iran has taken a wide range of measures to realize these teachings and aspirations. 109. Promoting education of girls, reducing the gender gap, providing legal protection to children, including children born out of wedlock, amending certain legislations relating to children, expanding pre-elementary education, protections before and after birth, increasing the participation of children in decision-making, paying attention to their views by establishing students’ parliament, prohibition of torture and other cruel punishments, access to proper information, raising awareness and sensitivity among teachers toward the rights of the child, holding training courses and workshops on the rights of the child, implementing joint projects with UNICEF, providing health care and services, free food for students and disabled children, providing safe houses for street children, access to 100 per cent of urban residents and more than 87 per cent of rural population to health facilities are all among the important measures taken by the government in promoting the rights of the child. These measures were commended by chairperson and members of the Committee on the Rights of the Child after presenting the report of Iran. 1. In 2008, the Secretary-General noted that the Islamic Republic of Iran had a practice of entering general reservations upon signature or ratification, repeatedly cited by treaty bodies as impeding enjoyment of some human rights.7 In 2005, the Committee on the Rights of the Child (CRC) cited the broad and imprecise nature of Iran’s reservation, raising concern about compatibility with the object and purpose of CRC.8 4. CRC recommended ratifying OP-CRC-AC,11 the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption of 199312 and International Labour Organization (ILO) Convention No. 138.13 8. In 2009, UNICEF reported that a bill on the establishment of juvenile courts, submitted to parliament in 2005, was under review, and referred to related amendments to the penal code bill and Penal Procedure Code. A new child protection bill, considering child victims and witnesses of crime needing protection, was also before parliament.21 14. CRC recommended that Iran develop a comprehensive policy on children.28 UNICEF reported that the first National Plan of Action on Violence against Children was developed in a broad consultation process. In 2008, the Ministry of Welfare took steps to include violence against children in the draft five-year National Development Plan.29 19. CRC expressed concern that children whose mother is Iranian and who marries a non- Iranian, without official Government consent, will not be recognized as Iranian nationals. The situation affects a large number of children who consequently have neither birth certificate nor nationality.53 The Special Rapporteur on the human rights of migrants noted particularly that marriage between an Afghan man and an Iranian woman is not officially recognized and their children have no legal status because the Afghan man’s presence is irregular.54 23. The High Commissioner in 2007, 2008 and 2009 expressed her grave concern over executions of juveniles.60 The Secretary-General noted in 2008 that the head of the judiciary reportedly established a non-binding moratorium on juvenile executions,61 but UNICEF cited trends of prolonging cases involving juvenile offenders until they reached 18 years when the risk of execution became higher.62 The Secretary-General noted that reportedly, between 1990 and 2006, 107 offenders under 18 were sentenced to death. The Iranian authorities disputed those figures.63 26. The Secretary-General in 2008 noted reports of amputation, flogging, suspicious deaths and suicides of prisoners,70 justified by the authorities as Islamic punishments.71 It was also reported that those accused of homosexual acts were routinely flogged and threatened with execution.72 CRC expressed similar concerns regarding offenders under the age of 18.73 34. CRC reiterated its serious concern at the Penal Code provision that fathers who kill their child, or their son’s child, are only required to pay one-third of the blood money to the mother, and are subjected to discretionary punishment, if the mother makes a formal complaint.89 It was also concerned about legislation providing for corporal punishment within the family, and that certain forms of sexual abuse of children or grandchildren were not explicitly prohibited.90 35. CRC was concerned about the large number of children living in prisons with their mothers, their living conditions and the regulation of their care if they are separated from their mothers.91 37. The Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery.93 CRC echoed concerns over trafficking facilitated by temporary marriages or siqeh - which last from 1 hour to 99 years.94 In 2009, the ILO Committee of Experts requested Iran to ensure that children under 18, particularly young girls, are prevented from engaging in trafficking for commercial sexual and labour exploitation.95 It requested immediate measures to ensure that the use, procuring or offering of children for prostitution or the production of pornography or pornographic performances are urgently prohibited.96 38. CRC continued to be concerned about the large number of children living and/or working on the streets.97 The ILO Committee of Experts noted that the prospect of forced early marriages was reportedly one of the underlying causes of the recent phenomenon of runaway girls.98 It remarked that street children were particularly exposed to the worst forms of child labour.99 42. The Secretary-General, the Special Rapporteur on violence against women,106 CRC107 and UNICEF108 noted that the age for criminal responsibility was set at 14 years and 7 months (15 lunar years) for boys and 8 years and 9 months (9 lunar years) for girls. Children who commit serious crimes could be processed as adults under the Penal Code.109 43. CRC remained concerned at the poor quality of the juvenile justice system.110 The Secretary-General in 2008 noted that the bill on the establishment of juvenile courts, welcomed by CRC,111 promotes restorative justice, community-based solutions and alternatives to criminal sentences.112 44. CRC regretted that in all actions or decision-making relating to children, the principle of the best interests of the child was not a primary consideration.113 The Special Rapporteur on violence against women noted that because child custody laws favour men, women frequently feel no choice but to remain in a relationship with a violent partner.114 CRC was concerned at insufficient information on discrimination against and stigmatization of children born out of wedlock.115 45. CRC noted the increase in the age of marriage for girls from 9 to 13 years (15 for boys) and was seriously concerned at the very low minimum ages.116 CRC urged Iran to set the age of majority at 18 years.117 58. CRC remained concerned at the number of children below 15, particularly in rural areas, involved in child labour, especially in the informal sector. It noted that the Labour Code sets the minimum employment age at 15, but the Agricultural Code at 12.145 63. CRC recommended measures addressing adolescent health issues and a comprehensive policy on reproductive health counselling and services.155 UNICEF cited drug use as the highest cause of HIV infection. Approaches aimed at HIV prevention for young people remained a sensitive issue.156 68. The Secretary-General noted great improvements in the education sector, while challenges included a significant rise in the school-age population and inadequate rural facilities.163 The Special Rapporteur on violence against women cited the ratio of girls to boys in primary school as almost equal. In higher education, 62 per cent of students were women.164 69. CRC remained concerned that working children, children living on the streets and without complete personal documents, particularly refugees with binational parents, had reduced access to schools,165 citing also the lack of mobile schools for nomadic children.166 80. In 2006, Iran declared it was considering accession to CEDAW and CAT, and reconsidering its reservation to CRC. It pledged to continue extending full cooperation with the Human Rights Council, including special procedures and the UPR. It committed to upholding the highest standards of all human rights, doubling its continuous and target-oriented efforts, and protecting against and preventing discrimination in law and practice.183 82. CRC recommended the Government collaborate with NGOs working with street children and seek technical assistance from relevant international organizations.186 On young people and the fight against HIV/AIDS, CRC encouraged Iran to seek technical assistance from WHO, the Joint United Nations Programme on HIV/AIDS, UNICEF, the United Nations Office on Drugs and Crime and the United Nations Population Fund.187 2. FPC stated that Iran had a record of creating generalised reservations to ignore articles or provisions in international law that it deemed in contradiction to „Islamic laws and the internal legislation in effect,‟ citing, inter alia, the formal reservation to the Convention on the Rights of the Child (CRC).5 3. The Committee of the Rights of the Child of the Isfahan Lawyers‟ Association recommended steps towards harmonization of Iranian laws and justice mechanisms with CRC.6 26. The Global Initiative to End All Corporal Punishment of Children noted that corporal punishment was lawful in the home, as a sentence for crime in the penal system, and as a disciplinary measure in penal institutions,47 recommending the introduction of legislation to prohibit all corporal punishment of children.48 32. According to AI, the age for criminal responsibility under Iranian law was set at fourteen years and seven months for boys and eight years and nine months for girls. Amputation and flogging were provided for under the Penal Code.65 61. According to BIC, Baha‟i children and adolescents have been subjected to vilification and severe psychological pressure in primary, middle and high schools throughout Iran, and these abuses were committed by their teachers and school administrators.116 62. The Maryam Educational Charity Institute noted the Government‟s obligation to take effective measures in the field of education in villages.117 According to the Corporate Social Responsibility Development Center, consideration of human rights concepts in secondary school textbooks was not followed in a balanced manner.118 Imam Sadeq Scientific Research Institute recommended training in human rights in primary schools, high schools, university centres and through the mass media. 119 63. The United Nations Association of Iran (UNA-IRAN) noted that Afghan children were entitled to education from elementary to high school but must pay annual education fees which, in spite of supportive laws with regard to cost reductions for the more deprived refugees, a substantial number of families could not afford. As a result, children were deprived of education.120 I. Summary of the proceedings of the review process B. Interactive dialogue and responses by the State under review 22. Slovenia cited the situation of writers and journalists in jail and the conditions facing 24. Australia was concerned at the use of capital punishment, including stoning, particularly for juveniles, and at the treatment of ethnic and religious minorities, especially the adherents of the Baha’i faith and its detained leaders, whose trials had recently begun. Concern was also expressed at the suppression of peaceful demonstrations after the elections and at the impact on freedom of expression, association and assembly, as well as at the reported arbitrary arrest, detention and torture of protesters. 27. Brazil recognized achievements in education, poverty eradication and well-being. It noted Iran’s standing invitation to special procedures and that it could facilitate pending requests for visits. It noted that the country could benefit from cooperation with the International Labour Organization (ILO) on child labour and street children. It cited discrimination against women, adding that their high level of education should be reflected in terms of the labour market and political life. It encouraged Iran to engage in dialogue domestically, permitting free expression. Brazil noted that the Baha’i should enjoy rights extended to others and that imprisoned Baha’i leaders should enjoy due process. 30. Lebanon noted efforts to promote the socio-economic and political rights of women and to promote and protect the rights of children and disabled persons at the legislative and practical levels. It welcomed the results achieved regarding access to education, despite various obstacles. 32. Luxembourg expressed concern at the deterioration in the human rights situation, characterized by increasing restrictions on the freedom of expression and information; an increase in the number of death penalty convictions, including of minors; convictions involving inhuman and degrading treatment, such as whipping and amputation; the harassment and repression of human rights defenders; the intensification of the repression of women’s-rights activists; and the situation of minorities, particularly ethnic and religious minorities. It expressed concern at reports of intimidation, harassment, torture, arbitrary detention, violence, confiscation, limitations on access to education or employment concerning the Baha’i community. 34. Ireland noted with concern human rights violations, including with regard to freedom of expression, association and assembly and the use of torture. It noted reported attacks against and the detention of human rights defenders and deplored attempts to restrict peaceful demonstrations and actions. It noted with concern the high incidence of the death penalty and its use in cases involving minors. Ireland was concerned about serious deficiencies in the area of gender equality and about reports of the systematic torture of prisoners and people in detention. 56. Malaysia noted Iran’s commitment to engaging with the international community. It noted that since the 1980s conflict, Iran had benefited from its resolve in key areas, including urban and rural poverty reduction, maternal and child health, social welfare and education. Malaysia understood the challenges facing Iran in guaranteeing economic, social and cultural rights and civil and political rights. It asked about enhancing the representation of minorities, including women, in the legislature and its possible impact in the political arena. 58. India noted improved living standards through economic growth and welfare programmes. Progress on health care and literacy, an active civil society and cooperation with UNICEF and the United Nations Development Programme on child rights and capacity-building were acknowledged. It noted challenges related to reconciling some religious principles with international human rights obligations. India requested Iran to strengthen the empowerment of women, including by acceding to the Convention on the Elimination of Discrimination against Women; developmental efforts for vulnerable groups, including religious minorities; the machinery for civil and political rights; and Iran’s human rights education programme. Iran was also requested to consider establishing a national human rights institution compliant with the Paris Principles. 59. Italy was concerned at the systematic use of capital punishment, especially against juveniles. It noted that, while the Constitution protected freedom of expression, press and political activity, reports of grave violations of those rights had emerged, especially in the aftermath of the presidential elections. Those worrying developments were not consistent with Iran’s candidature for the Human Rights Council. Italy urged Iran to put an immediate end to them and expressed concern at the situation of the Baha’i community 60. Hungary inquired about a reportedly large number of children without birth certificates and nationality because their fathers were non-Iranian citizens. It cited the deteriorating situation of religious minorities, especially the Baha’i. It also expressed concern about capital punishment, particularly its application to minors, as well as on reports of actions against participants in peaceful demonstrations that seemed to be becoming ever more violent. 66. The delegation noted that children had no criminal responsibility in the judicial system of Iran. 67. The Syrian Arab Republic highlighted Iran’s role in enriching human civilization. It noted that the 1980 constitution consolidated human rights as a basic principle, as reflected in numerous laws adopted by parliament. It referred to acknowledgements by the Secretary- General and international organizations such as UNICEF of improvements in the living standards of Iran’s population, in particular in terms of life expectancy, child mortality reduction and reproductive health care. It noted that Iran hosted a substantial refugee population. 77. Bangladesh acknowledged progress regarding education, health care and poverty reduction. Gender parity in primary schools, the 62 per cent representation by women in higher education, improvements in life expectancy, the reduction of maternal and child mortality, and the adoption of complementary legislation on citizens’ right to facilitate judicial enforcement were noted. Remaining challenges included regional and gender disparity. Bangladesh welcomed the formation of a committee including Islamic scholars to make practical recommendations and encouraged the Government to continue to support its work. 79. Romania noted the concern of the Special Rapporteur on freedom of religion at the deteriorating situation for religious minorities, the indication by the Committee on the Rights of the Child that Baha’i were being harassed, intimidated and imprisoned, and the Secretary-General’s observation of increased violence targeting Baha’i, the denial of access to education and the confiscation and destruction of their community property. It noted recent reports of human rights violations against religious minorities and human rights defenders. It asked about measures to prevent persecution and discrimination on religious grounds. Accepted and Rejected Recommendations The following recommendations were accepted by Iran: 90. A - 19. Continue to include human rights in school curriculums (Sudan); A - 22. Continue to implement measures aimed at further promoting and protecting children's rights, and intensify efforts to ensure further opportunities for access to higher education (Qatar); A - 34. Ensure the equal treatment of women and girls in law and practice (Austria); A - 35. Facilitate for all children born to Iranian mothers access to a birth certificate and Iranian nationality, regardless of the nationality of the father (Mexico); 1 A - 36. Continue to improve its policies and programmes to advance the status of women and girls, and protect children, including those with disabilities (Indonesia); A - 39. Respect at least the minimum standards and the provisions of ICCPR and CRC concerning the death penalty, for as long as it is maintained (Belgium); A - 40. Consider the abolition of juvenile execution (Kazakhstan); A - 45. Conduct a policy of zero tolerance towards the trafficking in women and girl children, child prostitution and the production of pornography involving children (Germany); A - 64. Continue to make progress in education and health care, with a particular focus on women and girl children (Bangladesh); The following recommendations were left pending by Iran: 91 P - 2. Bring its legislation in line with the international human rights conventions that Iran has ratified, including CRC, and abolish at least the death penalty for crimes committed by persons under the age of 18 (Netherlands); P - 9. Take urgent action to reduce the number of offences punishable by death, and to entirely ban the execution of such sentences in case of juveniles (Hungary); P - 10. Fully comply with its obligations under ICCPR and CRC with regard to the use of inhumane and/or public execution and the use of the death penalty in the case of minors (Ireland); P - 11. Renounce the execution of persons who were minors at the time of the crime, in accordance with its commitments under CRC (France); P - 12. Cease all planned executions of juvenile offenders, and to prohibit the imposition of the death penalty for crimes committed by minors (Australia); P - 13. Eliminate, juvenile executions and executions of persons for crimes that they committed when they were under the age of 18 (Czech Republic); P - 14. Ban executions of juvenile offenders, in compliance with article 6 of ICCPR (Italy); P - 15. Strengthen the moratorium on the death penalty against young people, established in October 2008; limit the crimes punishable by the death penalty; to commute death sentences to imprisonment; and withdraw its reservations to CRC and specifically prohibit the application of the death penalty to young people in all circumstances (Spain); P - 16. Remove or define its blanket reservation to the CRC and to declare an immediate moratorium on juvenile executions, with the aim of abolishing the death penalty for offences committed by minors (United Kingdom of Great Britain and Northern Ireland); P - 17. Consider eliminating the death penalty for people who were under 18 at the time of the commission of the crime for which they were convicted, as stipulated by CRC, and withdraw its general reservation to the CRC (Chile); P - 18. End the practice of executing juvenile offenders and of public executions, including through stoning (Austria); The following recommendations were rejected by Iran: 92. R - 12. Repeal or amend all discriminatory provisions against women and girls in national legislation (Israel); R - 14. Ensure that all minorities, and particularly the Baha'i community, can exercise all of their rights free from discrimination and persecution, in conformity with the recommendations of the Human Rights Committee, the Committee on the Rights of the Child and the Special Rapporteur on adequate housing (Mexico); R - 20. Abolish the death penalty (Luxembourg)/immediately stop executions and abolish the death penalty (Germany)/amend the relevant legislation to abolish capital punishment entirely, in keeping with General Assembly resolutions 62/149 and 63/168, as well as the Second Optional Protocol to ICCPR, and transfer the existing death sentences to imprisonment terms (Slovakia)/consider a moratorium on the death penalty with a view to abolishing it (Brazil)/ introduce a moratorium on the death penalty with a view to its abolition (Italy)/extend the moratorium on the death penalty and abolish the death penalty, especially for juveniles, in keeping with its international commitments (Estonia)/introduce a moratorium on executions as soon as possible (Belgium)/put an end to executions and adopt a moratorium on the death penalty (France)/commute all death sentences, in particular executions of political prisoners, and abolish, in practice, public executions by hanging and stoning (Israel); R - 21. Immediately halt the execution of juveniles and political prisoners and, furthermore, establish an official moratorium (Canada)/comply with its obligations under article 37 of CRC and article 6 of ICCPR and prohibit executions of persons who, at the time of their offences, were under the age of 18 (Israel)/cease immediately the use of the death penalty, especially for minors and those who committed offences while they were juveniles (New Zealand)/favourably consider alternative sentences for juvenile offenders, and immediately halt executions of all juvenile offenders on death row (Slovenia); R - 22. Consider the elimination of cruel punishment, including juvenile execution and stoning (Japan); R - 39. Provide for urgent instructions to all schools to respect freedom of religion or belief and to take specific measures to reprimand any teacher or school administrator who intimidates or discriminates against Baha'i children (Slovenia);
15th February, 9am to 12pm
Compilation of UN information
Summary of Stakeholder compilation
Final Report
Accepted and rejected recommendations
A. Presentation by the State under review
16. On the national level, the delegation cited the role of the Iranian parliament in promoting human rights through legislation and the establishment of new programmes. It also cited the human rights structures of parliament as described in Iran’s national report. Among the issues addressed by recent legislative acts of parliament, the delegation cited, inter alia, citizenship rights; the rights of women and children, religious and ethnic minorities and disabled persons; freedom of expression; human trafficking; and social security. Programmes and laws currently under consideration were related to issues including the protection of children, young adults and victims of crime, judicial reform and criminal law reform.
ethnic and religious minorities, particularly the Baha’i, and asked if Iran intended to prevent
the further harassment and intimidation of Baha’i, particularly children. It condemned the
increasing recourse to death sentences and executions in connection with the post-election
protests.