SITUAÇÃO DOS DIREITOS HUMANOS NO IRÃ
Report on Progress of Human Rights Situation in Iran List of Issues:
The Law on the > approved on 3/3/1993 validity period of the Certificate of Non-compatibility
A) Developments in Iranian Children Affairs: B) Developments in Iranian women affairs: — Most important amendment in the family Law of Iran — Amendment of Article 638 of the Islamic penal code — Article 111 of the fourth Development plan — Other Articles related to women in this Law C) Judicial Developments: D) Developments in Prisons and Prisoners Affairs: E) Human Rights, Iran and
A)) Developments in Iranian Children Affairs (UN: A
A Commission made up of university professors of Law and Criminology, and Senior Judges of the Supreme Court, has started working on a revision of the Comprehensive Child Delinquency Law. This measure is being taken to introduce new methods of
arbitration and implementation, in keeping with the views of the United Nations and the UNICEF Regarding children.
Most of the Law has already been revised and after finalizing the draft of the new Law, the Comprehensive Child Delinquency Law will be forwarded as a bill for the approval of the Parliament. On the other hand establishing the Office of Protection of Rights of Women and Children in the Judiciary, can be a promise for the protection and promotion of rights of victim and accused children, adolescents and women at all stages of the procedures on May 14, 2007 the United Nations Secretary —General’s Study on Violence against Children was launch by Professor Paulo Sergio Pinheiro the Independent Expert for the UN Secretary- General’s Study on Violence against Children in Tehran and he presented the main findings of this important study. Professor Pinheiro also visited the Juvenile Correction and Education Center affiliated to the tours to the Philippines and India were organized for two different groups of Iranian officials. The project was ended in the first quarter of 2005 by drafting a document examining different aspects of Human Rights Education in the country. Ill- Cooperation with Special Rappourters of the Commission on Human Rights: Following the defeat of anti- Iran resolution at the 58th session of the Commission on Human Rights, Iran extended an open invitation to all thematic mechanisms of the Commission in July 2002. The following mandate-holders visited Iran since the time
(The Working Group on Arbitrary Detention ( February 2003
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Special Rapporteur on x (Expressions ( November 2004
Special (the Human Rights of Migrants ( February 2004
Rapporteur on Violence against Women Special
Rapporteur on the Right to x (( February 2005
Madam Louise Arbour x (Adequate Housing (March 2005
The High Commissioner for Human Rights attended the NAM Ministerial Meeting on Human Rights and Cultural Diversity held in Tehran on September 3-4, 2007and met high ranking relevant Iranian officials as well centers such as women Prison and Juvenile Correction and Education Center that hailed the taken measures there party to four major Human Rights Treaties as following
lnternational Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural International Convention on the Elimination of
Rights Convention on the All Forms of Racial Discrimination
Rights of the Child.
Iran is also a party to some other international instruments relating to the rights of child and refugees such ILO Convention concerning x : as the following
the Prohibition and Immediate Action for the Elimination of Convention Relating to x
the Worst Forms of Child Labor
the Status of Refugees, - Protocol to the Convention Relating to the Status of Refugees. Part Two: Cooperation with the UN mechanism on human rights: I- The x
Cooperation at the Asia-Pacific level
Islamic Republic of Iran with the cooperation of OHCHR hosted a workshop in 1998 which adopted Tehran Framework for Regional Cooperation for the promotion and Iran hosted a regional x ,protection of human rights preparatory meeting for the World Conference Against Former high commissioner x Racism in 2001 for human rights, Ms. Robinson visited the country in 1998 and 2001. II- Cooperation with the Office of the High Commissioner for Human Rights: In recent years the Islamic Republic of Iran has engaged in bilateral and meaningful technical cooperation with the Office of the High Commissioner for Human Rights. In this regard and based on the recommendations of an OHCHR Needs- Assessment mission in 1999, the OHCHR explored four areas of possible cooperation including: law Enforcement; Prisons and Correctional Institutions; City Councils and Human Rights Education. Finally and as the first step, Human Rights Education was selected as best - suited for a technical cooperation pilot project. However, OHCHR’s financial constraints delayed the implementation of activities from 2003 to 2004 .The long term objective of the project was through promotion of human rights education in Iranian schools and also integrating human rights programs in high education institutions and universities curricula and teaching materials which can contribute to the promotion of international human rights in the country. During the period of project, 20 documents relating to human rights education were translated into Persian. A glossary of human rights also was compiled and published. A preparatory workshop was held on 23 August 2004 to inform the key stakeholders of the content and objectives of the project and its national workshop which was accordingly held on 5 & 6 September 2004 in Tehran. In order to learn more about other countries’ experiences in human rights education, two study Research projects, concerning (and collateral specialization of courts by using latest world models Plan for establishment of efficient systems for supervision over the courts and optimizing the protection of judicial process against any probable harm, from the Expediting beginning to the end of proceedings the drafting of the Criminal Procedures Code in light of the new declared policies in the Judiciary Power and lobbying for its approval in the Islamic Consultative Assembly Drafting of the final version of the bill on prevention of Drafting of the final version of the bill x crime concerning Dispute Resolution Councils and other quasi-
Preparing the plan on promoting x judicial institutions public participation in supporting the victims of crime
Reviewing ways of promoting the culture of
Preparing the plan on x .using lawyers and legal counsels Drafting of x ways of revising the Islamic Penal Code law on reinstitution the offices of the
Preparing the plan on public prosecutor in provinces qualitative and precise implementation of the law
Following concerning protection of citizens’ rights up of bills relating to judicial affairs in the cabinet and parliament. D) Development in Prisons and prisoners Removal of prison metal fences to the extent x :affairs possible in Evin, Rajaie Shahr, Kerman and Zahedan
Conversion of solitary confinement cells into x prisons Granting of long x suites with basic living appliances leaves to prisoners, about 400 thousands cases each year from 1991 to present, for the purpose of helping the morale of the prisoners and their families
Granting widespread amnesties on different festive and Establishment of special assistance funds x other occasions and using public donations to secure the release of those prisoners who are serving time for inability to pay back
Teaching human x financial debts, 1400 cases annually rights concepts to the prison
Creating appropriate spaces for the continuation of x staff education and schooling of prisoners — from basic literacy courses to advanced education. On the basis of an agreement with Payam Noor University (distant learning), more than 522 prisoners have been admitted to Publishing books on human rights and the .this university rights of prisoners and their distribution in prisons. E) Human Rights, Iran and UN Part One: Ratificatio of human rights instruments: The Islamic Republic of Iran is a state for the purpose of ensuring access to equal educational opportunities, especially for girls, and elevating the qualitative and quantitative levels of public education (Article 52) Requirement on the part of the Implementing Agencies to make budgetary allocations for the design and implementation of the on-the-job training courses for Obligation on x (thepersonnel, especially women (article 54)
the part of the government to prevent and mitigate social harms by placing emphasis on
Enhancement of the mental health, expansion of social .counseling services, strengthening the foundation of family Preparation of a comprehensive plan for women heads of
Obligation of the government to x (household (article 97)
draft the charter of citizens rights with emphasis on freedom and the needed security for the development of social institutions for the protection of the Obligation of x (rights of women and children(article 100
the government in preparation of national plan for promotion of meritorious with following main axes
Respect for the fundamental labor laws, including equal pay for equal work and prohibition of
Expansion of social x .discrimination in employment protections, including equal opportunities for men and women, and empowerment of women in gaining access to appropriate employment opportunities (article Obligation of the government in development of .(101
Cooperative Sector with emphasis on empowerment of the youth, women university graduates and Obligation of x .( applicants for employment (articlel02
the government to strengthen the institution of the family
Expansion of covered sports facilities by x .((article 106
Articulation of the x (according priority to girls (article 117 duties of the Judiciary in elimination of discrimination
Protection of the families of prisoners ((Article 130
Elimination x .(and death penalty convicts (article 132
of some services, including child care centers, from the Third Development Plan and payment of direct subsidies Preparation of the x (article 145).
C) Judicial Development second five-year development plan for the Judiciary Power
Drafting of the finalx :with the following principal titles Drafting of the final x .version of Decriminalization Bill version of the bill on alternative sentences and community Review of the bill concerning the powers of x. service judges in issuing court orders and writs (habeas corpus
The Law x¬. Civil Courts, approved on 3/11/91 concerning amendment of divorce procedures and regulations, regulations, approved on 19/11/92 by the Expediency Council regarding the requirement of obtaining Certificate of Non-compatibility from the court, the possibility of the presence of Women Advisor Judges in the Family Courts, arrangements for the payment of compensation for household services rendered to husband during marriage,
The possibility of the use of the approved on 2/11/97 services of women advisor judges is considered in many other legislations, including the Law concerning Establishment of Public and Revolutionary Courts, approved Article 111 of the Fourth Economic, on 2002 Social, and Cultural Development Plan. In accordance with the Article 111 of Law on Fourth Development Plan The government shall take the following measures for the purpose of enhancing the role of women in the society, promoting opportunities for women and elevating their Drafting, approval and participation implementation of a comprehensive plan for greater participation of women, including review of legislations and regulations especially the Civil Code, strengthening the skills of women commensurate with the social needs and technological developments, identification and increasing the investment structures in employment-generating opportunities by taking into account gender composition of the labor force, enhancement of the quality of life for women and public perception regarding their capabilities
Drafting and presentation of bills relating to ways of strengthening the institution of family for approval by the Carrying the required measures, x relevant authorities including preparation of prevention programs and legislative and legal arrangements for the elimination of violence against women Presentation of legal bills to the Parliament of Islamic Republic of Iran (Majlies) for promotion and creation of women NGOs and civil society institutions. Addendum: All implementing agencies shall make the required budgetary allocation in the preparation of their annual budget for their legal obligations under this Article and take necessary measures in coordination with the Center for Women s Other matters relating to women in this x Participation law( the Fourth Economic, Social, and Granting x Cultural Development Plan) are as follows wage subsidies for housing to women heads of household Determining the duties of the government x (Article 30
Judiciary Branch, which he admired the professional services being delivered; moreover, he also believed thatthe said Center can be a base role and a role model for South- South Cooperation. It is note worthy mentioning that Madam Louise Arbour the High Commissioner for Human Rights also visited the same Center on September 3, One of the other x .2007and praised the taken measures noticeable measures was the ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography on July 31, 2007 by the Parliament of the Islamic Republic of Iran. B) Developments in Iranian women affairs: -Most important amendments in the Family Addition of two addenda to the Civil Codex Law of Iran (approved on 27/5/9) and its Implementing Regulations (approved on 3/5/98) regarding calculation of nuptial gift (Mehr) and its payment in current currency proportionate to the annual rise in the price index from the day marriage Amendment of Article 1173 of x contract was concluded the Civil Code concerning determination of examples of lack of parental care or moral deviation), approved on Amendment of Article 1184 of the Civil Code x .30/10/97 concerning circumstances under which a natural guardian may be removed and a new guardian assigned approved on Amendment of Article 1041 of the Civil x .17/5/2000
Code concerning making marriage age of girls and boys before 13 and 15 conditional upon the authorization by the natural guardian but by taking into account the best interest as determined by a competent court, approved Addition of one addendum to Article 1130 x .22/6/2002
of the Civil Code concerning cases of hardship, Amendment of Article 1107 of the x .approved 29/6/2002 Civil Code approved on 11/10/2002.Concerning widening the scope of the definition of maintenance payments to cover all ordinary living requirements Amendment x compatible with the status of the woman of Article 1110 of the Civil Code, approved on 11/10/2002, concerning payment of living expenses of the wife during lddeh arising from the death of the husband from the assets of relatives who assumed responsibility for the Amendment of Article 1133 of x payment of maintenance the Civil Code, approved on 11/10/2002,regarding cases where women can apply for divorce and .omission of the absolute right of men in matters of divorce Government directive on establishment of Counseling Aid and Guidance Unit alongside Special