Legal and Judicial Developments on Women and Children In the
Islamic Republic of Iran
2004-2008
Women's International Affairs Department
Ministry of Foreign Affairs
This collection has been prepared in two separate parts:
Part one:
1- Charter of women's Rights and Responsibilities in the Islamic Republic of Iran (ratified in 2004 by Supreme council of Cultural Revolution)
2- The Law to support children and the youth (ratified in 2004)
3- The law on Combating Human Trafficking ( 2004)
4- The law on facilitating the youth marriage (2004)
5- The law on Abortion(2005)
6- The law on citizenship of the children of Iranian women marrying non-Iranian Men(2006)
7- The law on Fashion and clothes(2006)
8- The law to support the Rights and responsibilities of women in Internal and International Arenas ( 2006)
Part two:
Detailed report on the latest judicial developments in the context of women and children's rights and amendments of the pertaining laws
Charter of Women’s Rights and Responsibilities in the Islamic Republic of Iran
Approved and Ratified in Session 546 Dated on Sep. 21, 2004 of The Supreme Council of the Cultural Revolution
Supreme Council of the Cultural Revolution
Women’s Socio-Cultural Council
2004
Table of Contents Page
Approval of The Supreme Council of the Cultural Revolution ……………………………….……………… 5
Essential Points of the Charter………………………………………………………………………………………..… 7
Principles and Fundamentals…………………………………………………………………………………………..… 9
Section I. Women’s Individual Rights and Responsibilities………………………………………………….. 11
Section II. Women’s Family Rights and Responsibilities ……..………………………………….…………. 11
Chapter 1. Girls’ Rights and Responsibilities in the Family………..………………………………..…….… 12
Chapter 2. Women’s Rights and Responsibilities in Forming and Sustaining the Family …….. 12
Chapter 3. Women’s Rights and Responsibilities in Case of Family Dissolution ………………….…. 14
Section III. Women’s Social Rights and Responsibilities… …………………………………………..……... 15
Chapter 1. Women's Rights and Responsibilities Regarding Physical and Psychological Health… 15
Chapter 2. Women’s Cultural and Spiritual Rights and Responsibilities…...………..………………..… 16
A. General Culture……………………..… 16
B. Education .…..……………………….… 18
C. Research……………....……….….…… 18
Chapter 3. Women’s Economic Rights and Responsibilities……………………………………………….… 19
A. Financial Rights and Responsibilities in the Family………………………………………………..…...….. 19
B. Women’s Rights and Responsibilities regarding Employment and Economic Participation ..... 20
Chapter 4. Women’s Political Rights and Responsibilities ………………………………………………...… 21
A. Women’s Rights and Responsibilities in Domestic Politics……………………………………………..… 21
B. Women’s Rights and Responsibilities in International Politics ……...……………………………… … 21
C. Women’s Rights and Responsibilities in Defense and Military Affairs………………………….. … 22
Chapter 5. Women’s Judicial Rights and Responsibilities……………………………………………….…... 23
In the Name of the Almighty
The Supreme Council of the Cultural Revolution approved the Charter of Women’s Rights and Responsibilities in the Islamic Republic of Iran proposed by the Women’s Socio- Cultural Council through Letter No, 1259/Sh.z. dated August 2, 2004 as follows:
Introduction:
The Charter of Woman’s Rights and Responsibilities in the Islamic Republic of Iran has been codified with the comprehensive religion and legal system of Islam as its foundation, relying on awareness and belief in the Exalted God; and with the aim of presenting women’s rights and responsibilities in the fields of individual, social, and family rights. The Charter has been categorized endeavoring to stipulate woman’s rights and responsibilities in Islam, based on the Constitutional Law, the lofty ideals of the Founder of the Islamic Republic and the Supreme Leader of the Revolution, by virtue of the 20-year overall perspective and general policies of the administration geared towards achieving the realization of equality and justice in the community of Muslim women. Having a comprehensive and broad spectrum outlook, this charter includes signed and agreed upon rights and obligations, protective rights and universal rights common to all human beings.
Single Article:
The Women’s Rights and Responsibilities Charter in the System of Islamic Republic of Iran on the basis of duties of Cultural Revolution Supreme Council as a reference document of policy-making in cultural and social affairs stipulated in 3 Sections, 5 Chapters, and 148 Paragraphs was ratified in session No. 546 dated Sep. 21, 2004 of The Cultural Revolution Supreme Council. All affiliated organizations according to the organizational duties in order to make policy, adopt legal measures, decisions and planning on women’s issues are obliged to observe the regulations and principles stipulated in this charter. This charter will be considered as a basis for introducing and stipulating woman’s status in the System of Islamic Republic of Iran as well.
Note: Every other year after ratification of this charter, The Women’s Socio-Cultural Council shall take action on the evaluation of women’s status in Iran and submit a report to the Cultural Revolution Supreme Council evaluating the current progress towards its implementation as well as of women's rights' violations.
Essential Points about the Charter:
1. The word “right” refers to ability, privilege and immunity and “responsibility” denotes the duties which women shoulder towards others.
2. In cases where members of society have obligations, the observance of which will be advantageous for women, that obligation has been mentioned as women’s right and it has been avoided to state it as others’ responsibilities directly. 3. Since, according to the Islamic rules individuals are responsible before God, themselves, their society, and the world at large; therefore, the declaration attempts to refer to women’s responsibilities with respect to the above spheres. It is obvious that in the absence of the general prerequisites needed to perform responsibilities such as sound mind, maturity, and free will, women will be exempted their duties. By using the word "right" or "responsibility" the way in which the issue cited is related to women has been defined. 4. This declaration attempts to refer to all women's rights and responsibilities whether inclusive of those shared between the two genders, or those exclusively meant for the women. The reasons for having done so are as follows:
a. Research and debate in the international community over women’s rights is controversial with many circles seeking to prove that the Western perspective of Human Rights are fit to be implemented around the globe. In view of the fact that there are various countries with various traditions and perspectives regarding women’s rights based on their different cultures, it is necessary that this declaration which reflects the standpoint of the Islamic Republic of Iran denote women's human rights, the rights shared by the two genders as well as rights exclusively for women.
b. According to Islamic thought, women and men generally share the same human rights; however, since there may be some distinction in the observation and implementation of these rights, this set of rights has also been stipulated as women’s rights for more emphasis.
c. Since this declaration solely intends to outline women's rights, it does not refer to the rights of other groups of the society, however in practice, keeping in mind that other laws and policies are to be implemented simultaneously, the right of the others, will also be duly observed.
5. This Charter does not intend to stipulate the way to put these rights into practice, therefore it is essential to guarantee their implementation while giving due consideration to the structure of laws.
6. Since the Charter does not refer only to laws but focuses on building culture, therefore, some ethical standards that must be applied are also included amongst women’s rights and responsibilities.
7. There are no particular examples mentioned; only general and fundamental rights and responsibilities. However, some examples of rights and responsibilities, needing more clarification and emphasis in international conflicts or domestic culture, have been specifically stated.
8. Women’s rights and responsibilities have been outlined in the structure of the Charter as follows:
a. Individual Rights, b. Family Rights, c. Social Rights (classified in terms health, cultural, economic, social, political, and judicial rights)
9. Aiming to reflect viewpoints of the Islamic Republic of Iran (in conformity with Shi'ite Law) regarding women’s issues, this Charter can be considered as a point of departure for dialogue among the Islamic countries and serves as a vital step in drafting and ratification of another document on women's issues relying on the thoughts and cooperation of various Islamic nations at the global level.
10. Although the values in Islamic jurisprudence govern over the entire articles of this Charter, in cases where abiding by certain Islamic laws is necessary in order to respect a certain right, or to shoulder a certain responsibility, this factor has been included where it needs to be emphasized.
11. Since the purpose of the Charter is solely to state women’s rights and responsibilities, the names of the individuals or institutions in charge of the implementing the related laws are not mentioned. However it is clear that this document is the basis for policymaking, planning, and lawmaking on women’s affairs in all the concerned institutions.
Principles and Fundamentals
The principles and fundamentals of this Charter on Women’s Rights and Responsibilities in the Administration of the Islamic Republic of Iran are derived from the comprehensive and balanced religion of Islam as its foundation in order to pave the way for coordination and harmony for advancing material and spiritual dimensions in individual and social life; taking note of women’s freedom along with responsibility, human dignity and a balance between rights and responsibilities.
In its formulation, this Charter relies on knowledge of Allah the Exalted and a belief in Him as the Origin of the universe, the Creator of all beings, and as Originator of laws and the need to submit to His will. It also relies on benefiting from the Holy Qur'an, Sunnah-the honorable tradition of the Holy Prophet (P) and his family, rationality, and belief in the above-mentioned factors' fundamental role in drawing conclusions and extracting rules and regulations out of divine sources based on the requirements of time and place. Avoidance of thoughts contrary to Islam, backwardness, superstitions, cultural alienation has also been considered as well. This Charter presents woman’s status based on Islamic rules and standards as reflected from the ideals of the Islamic nation of Iran.
This Charter is founded on the basis of the fact that woman and man in Islam in the sight of God are equal regarding nature, purpose of creation, potential in benefiting from talents, acquiring values, excelling in values, reward and punishment for deeds regardless of gender, superiority over the other in achievement only on the basis of knowledge, piety, and competence in the society. Woman and man are different in terms of physical and psychological characteristics; the differences based on Divine Wisdom are the secret of the continuity of human life, with man and woman complementing each other. These natural differences based on the Justice of the Almighty God have become a basis for difference in rights so that woman would not be led to degradation or unjust discrimination in relation to man.
Woman and man in the Islamic legal system enjoy equal rights and responsibilities in most instances due to their similarity in terms of human nature. Certainly, differences in rights and responsibilities do not indicate preference of one gender over the other; rather mainly pointing to distinct legal titles to which each woman and man is entitled proportionate to the specific roles that are not interchangeable, in the family. These differences are to promote material prosperity and spiritual uplifting of the family which functions as the basic unit of the society, being the real place where humans originate and are nurtured.
Section I. Women’s Individual Rights and Responsibilities
1. The right to live prosperously and enjoy physical health and the responsibility to protect it from any diseases, accidents, and aggression;
2. The right to be treated with dignity and the responsibility towards respecting others;
3. The right to freedom of thought and immunity from violation of the security of one’s belief
4. The individual right and responsibility to enjoy faith, piety and maintain it and the right to spiritual perfection in beliefs and deeds
5. The right to protect women’s life, property and dignity from any illegal aggression
6. The Right to enjoy social justice in implementation of law regardless of gender;
7. The right to have a name and keep or change it, the same is true about a family name;
8. The right to Iranian citizenship for Iranian women and negation of citizenship upon their own request;
9. The right to practice religious ceremonies and teachings in accordance with their religion and within the confines of the law if they belong to religious minorities.
10. The right to wear their local hijab, to speak their own language, and to practice their local customs and norms in a way compatible with Islamic ethics;
11. The right to be protected from material and spiritual harm that may result from others when they exercise their rights;
12. The right and responsibility of keeping different temperamental features that differentiate them from men;
13. The right to benefit from a healthy environment and the responsibility for its protection.
Section II. Women’s Family Rights and
Responsibilities
Chapter 1. Girls’ Rights and Responsibilities in the Family
14. The right to suitable parental guardianship
15. The right to having expenses met, including accommodation, clothing, adequate nutrition and health facilities to secure their physical and psychological health
16. The right to education and to preparing the ground for development of their potentials and creativity
17. The right to have their emotional and psychological needs met and to enjoy loving treatment from their parents and to be protected from domestic violence
18. The right to enjoy family facilities, without any gender discrimination
19. The right of girls who have been deprived of their fathers and who have unqualified guardians to be protected under the guardianship of relatives or volunteers taking into account their interests under the governmental supervision.
20. The responsibility to respect parents, to obey their legitimate orders, and to treat the other members of the family respectfully
Chapter 2. Women’s Rights and Responsibilities in Forming and Sustaining the Family
21. The right and responsibility towards strengthening the structure of the family and the right to facilities and legal support in order to prevent disagreement and diminish divorce cases
22. The right to enjoy cultural, social, and economic facilities in order to facilitate marriage at the appropriate time and their responsibility to abstain and act modestly until marriage is due
23. The right to be informed of the rights and obligations of spouses and the rules of married life and to enjoy the required facilities in this regard as well
24. The right to know the appropriate criteria for choosing a spouse, and the right to get to know him (before marriage)
25. The right and responsibility to know and observe religious and legal standards related to marriage, such as equality of the spouses in the fundamentals of belief and religion
26. The right to set conditions when signing marriage contracts, within the framework of religiously permitted demands, with conditions that if such demands were not met, the other party would be fined a clear punishment
27. The right to have marriage, divorce, and revocation documents registered at official and legal organizations
28. The right to enjoy financial rights during the period of conjugality
29. The right and responsibility to being provided with a private, hygienic, sound sexual relation with her legal spouse and the right to file complaints in case of violations
30. The right and responsibility of living at the same residential unit with the spouse, to be treated humanely, to psychological security in relations with the spouse, and the right of filing complaints in case of the spouse’s inhumane conduct
31. The right and responsibility to achieve scientific, spiritual, and ethical growth in collaboration with and relying on the support of family members
32. The right and responsibility towards being on good terms with relatives and next of kin
33. The right to get pregnant, to observe birth control methods and benefit from the appropriate training and facilities in this field
34. The right to material and spiritual protection during the period of pregnancy and breast-feeding
35. The responsibility to respect the rights of the fetus, particularly its protection and proper growth
36. The right and responsibility to nurture children, providing for their psychological and emotional security and for their proper religious and moral training
37. The right to enjoy protection and participation of the spouse in rearing, training, and nurturing of the children
38. The mothers' right to enjoy material and spiritual security, particularly during old age and when they cannot take proper care of themselves
39. The right and responsibility to provide a living and care for her needy parents according to her ability as long as the husband's rights are not violated
Chapter 3. Women’s Rights and Responsibilities in Case of Family Dissolution
40. The right to divorce from the spouse if making up with him is proved to be impossible or hazardous after referring to the court, presenting reasonable proof and heeding the responsibilities mentioned in divorce laws.
41. The right of annulment of the marriage if it is proven that he pretended to have qualities other than the truth (being dishonest), as listed in deficiencies mentioned under this category in laws and the right to receive compensation thereof
42. The right to enjoy financial support during the course of dissolution of the marriage and to expect good treatment from her husband at the time of separation
43. The right and responsibility of child custody and the necessity for financial support of the father and rights to visitation of the child in case of expiry or waiving of custody
44. The right to benefit from the rights entitled to married women during the prescribed waiting period of three menstrual cycles following divorce and the right to marry after expiration of the waiting period
45. The right to file complaints at courts of justice against the second marriage of the husband if he is incapable of guaranteeing their expenses, not able to observe justice and other related rights
46. Parents' social responsibility to take appropriate care of their children and criminal punishment for not observing it, and their accountability when they try to prevent the children from meeting with them
Section III. Women’s Social Rights and Responsibilities
Chapter 1. Women's Rights and Responsibilities Regarding Physical and Psychological Health
47. The right to enjoy physical and psychological health in individual, social, and family life considering women’s characteristics at different stages of life and their responsibility toward preserving it
48. The right to enjoy healthy and sanitarily fit environment (at work, the home, etc.) and the right to benefit from the related necessary training
49. The right to participate in process of policymaking, lawmaking, management, executive affairs and supervision in the field of health and rehabilitation processes, particularly in fields exclusively related to women
50. The right to enjoy appropriate health-treatment plans and facilities for women for the prevention of disease and treatment of physical diseases and psychological disorders related to women
51. The right to select doctors and centers providing health services, on the basis of Islamic rules and medical scientific standards and to enjoy the appropriate and adequate information to make informed and better choices
52. The right to be informed and play a part in decision making relevant to fertilization and family planning
53. The right to have full and fair access to sports facilities, athletic training and appropriate recreational activities
54. The right to develop their athletic talents and to attend sports fields both at the national and international levels in a way as compatible with the Islamic standards
55. The right to benefit from the right of fertilization, pregnancy and delivery as well as post partum health care through benefiting from women specialists and to prevention from common diseases among women, venereal diseases and sterility.
56. The right to benefit from counseling services and medical tests in order to ensure that the husband enjoys full health at the time of getting married, and that he has no medical problems relating to married life.
57. The right of girls without guardians, divorcees, widows, the elderly to benefit from public insurance, relief services and private insurance particularly in the medical and rehabilitation fields.
58. The right of women who are physically, mentally or psychologically disabled or abused to benefit from support and proper rehabilitation.
59. The right to enjoy proper nutrition, particularly during the period of pregnancy and breastfeeding, and the responsibility to take care of the infant and his/her proper nutrition, giving priority to nursing with mother’s milk
Chapter 2 . Women’s Cultural and Spiritual Rights and Responsibilities
A. General Culture
60. The right and responsibility to acquire and increase knowledge in terms of her own personality, rights, and role in different arenas of life in accordance with the sacred standards of Islam
61. The right to be immune from the verbal and behavioral abuse of others and responsibility of treating members of society with respect
62. The right and responsibility to observe the Islamic codes of dress and the responsibility to observe chastity in society
63. The right and responsibility to raise the level of religious and human awareness, to be immune from and work toward removing cultural and moral degeneration
64. The right to participate in religious, cultural, and political gatherings
65. The right to produce beneficial cultural goods and programs according to Islamic standards and to profit from them
66. The right to establish and manage cultural and artistic centers and organizations in order to train responsible and professional women dedicated to developing their cultural activities
67. The right to exchange information and to take part in constructive cultural communications at the national and international levels
68. The right and responsibility toward spreading Islamic culture and knowledge and to present a model of the Muslim woman at the national and international levels
69. The right and responsibility toward creating moral and religious solidarity regarding women’s issues around the world
70. The right to partake in policymaking, lawmaking, supervision and executive phases of cultural affairs, particularly, women’s issues
71. The right and responsibility to be informed of and to acquire the necessary skills related to home and family management, child rearing, and effective confrontation against cultural and social ills. 72. The right to continual supervision over the cultural activities relevant to women in order to safeguard woman’s personality, honor and human dignity in production of cultural materials
73. The right to take advantage of cultural centers that are exclusively for women while observing Islamic standards, taking into account their physical and spiritual uniqueness. Deprived regions have priority for establishment of such centers
74. The right of socially disturbed and vulnerable women to enjoy the appropriate support in order to improve their cultural status and that of the society as well
75. The responsibility to preserve their cultural independence, their Islamic-Iranian identity and national integrity in cultural and educational activities
B. Education
76. The right to public literacy, to educational advancement and to benefit from educational and training facilities 77. The right to enjoy higher education up to the highest scientific level
78. The right to master expertise in special fields, both quantitatively and qualitatively, up to the highest levels
79. The right of women and girls from impoverished areas to benefit from special support in education
80. The right and responsibility to design school and educational textbooks
81. The right and responsibility to enjoy a worthy status in harmony with their role, dignity and status in educational texts
82. The right to participate in policymaking, decision making and management of academic and scientific affairs; and to active participation at national and international scientific and cultural gatherings
83. The right to recognize, support, and benefit from the capabilities of women with outstanding talents and their responsibility to help meet the country's needs
84. The right to enjoy necessary support in the field of education, access to higher education, and technical and vocational training for women with physical and mental disabilities proportionate to their talents and extent of disability
C. Research
85. The right to carry out research, author, translate and publish books, articles in general and specialized publications while observing authenticity, honesty, and the interests of the community
86. The right to enjoy necessary support regarding sources and facilities for research on women’s issues, academic training for researchers and the right to have access to information and research findings in different fields
87. The right to benefit from support for scientific and research work and to develop research centers under women’s management
88. The responsibility of women researchers to present their views and explain their positive religious and national findings on women’s issues to the nation and the world
Chapter 3.Women’s Economic Rights and Responsibilities
A. Financial Rights and Responsibilities in the Family
89. The right to receive alimony in permanent marriage from the husband proportionate to woman’s prestige and from the father or child if they are financially capable and if the woman is in need
90. The right to benefit from the estate of the deceased and to financial bequests according to Islamic rulings
91. The right of endowment, and of receiving and charge of endowment
92. The right of accepting the power of attorney or being a legal representative in economic affairs
93. The right to determine the dowry, to obtain it from the husband and to do whatever she wishes with it
94. The right to receive her father's, husband's or children's pension in case of death, according to the law or contract
95. The right to benefit from the retirement pension of a deceased woman employee for her legal heirs
96. The right to accept financial guardianship of the children and responsibility to observe the children's financial rights
97. The right of women and girls to benefit from the necessary support in case of poverty, divorce, disability, lack of guardian, under an inappropriate guardian, and to have access to required facilities for rehabilitation and self- sufficiency
98. The right to get wages from the husband for doing household chores upon her request and to protection as a result of her effects on the family economy and national revenue
B. Women's Rights and Responsibilities regarding Employment and Economic Participation
99. The right to own capital and private property and to benefit from it in accordance with legal and religious regulations
100. The right to sign contracts and unilateral treaties
101. The right to work after reaching legal age for employment, the freedom to choose a job, and use personal capital along with their responsibility toward respecting Islamic regulations on earning and spending
102. The right to have access to information, training and appropriate expertise aimed at acquiring qualifications for appropriate employment, and the right to be supported in such fields for female singe-parents, or women without providers
103. The right to benefit from job counseling and recruitment by women
104. The right to benefit from wages and equal privileges with men and other women under equal work conditions
105. The right to benefit from job security, ethical respect, and an immune atmosphere from social hazards and the responsibility to observe modesty at workplace
106. The right to be exempted from compulsory, dangerous, hard and harmful work
107. The right to enjoy facilities, rules, and laws consistent with family responsibilities taking into account that she is a spouse and mother during recruiting, employment, promotions and retirement;
108. The right to benefit from social security and economic facilities
109. The right to participate in economic policymaking, as well as in the establishment and management of economic institutions and membership in them
110. The right and responsibility to receive and pay blood money along with collateral damages in accordance with the related laws and regulations
111. The right to benefit from appropriate and effective legal support in order to prevent the exploitation, trafficking and employment of women and girls in illegal and unlawful occupations
Chapter 4. Women’s Political Rights and
Responsibilities
A. Women’s Rights and Responsibilities in Domestic Politics
112. The right and responsibility to have access to information and to partake and play a role in determining the fate of nation in preserving and strengthening the Islamic system
113. The right and responsibility to participate in and supervise over social affairs in order to lead society towards spirituality and moral virtues ridding it of moral and behavioral ills
114. The right to the freedom of the press, speech and assembly with the observance of regulations
115. The right to form political parties and other political bodies and to take part in them while safeguarding the independence of the country, national integrity and interests of the Islamic system
116. The right to participate in elections, to be elected as members of the parliament as well as city and other councils, and the right to participate in the government planning process and to hold high ranking executive posts in accordance with related regulations
B. Women’s Rights and Responsibilities in International Politics
117. The right and responsibility to be informed of global political developments, with special focus on the Islamic world
118. The right to develop communication and to exchange productive political information between the women of Iran and the world while respecting national interests and legal regulations
119. The right and responsibility of active and effective participation at Islamic, regional, and international conventions in particular those related to women’s issues while observing legal standards
120. The responsibility to do their utmost best to strengthen solidarity among Muslim women and to support the rights of the deprived and oppressed women and children around the world
121. The right of women refugees in the Islamic Republic to enjoy security, health and the possibility of returning to their homeland
122. The right of Iranian women nationals to government support confronting the nationals of other countries within the framework of regulations and treaties
123. The right to benefit from legal support regarding marriage and establishing a family with non-Iranian men while observing the related laws and regulations
C. Women’s Rights and Responsibilities in Defense –Military Affairs
124. The right and responsibility to take part in legitimate defensive activities in order to safeguard their faith, country, lives, property and reputation as well as that of others
125. The right and responsibility to partake in establishing world peace based on justice and to ensure and strengthen it
126. The right to have the support needed to maintain their physical security and to prevent them from falling prey to aggressors during the time of war, captivity, and military occupation
127. The right of immunity of the home and family from military attacks
128. The right for the families of martyrs, the war disabled, war veterans, and former POW's to benefit from the exclusive support of the Islamic government
129. The mother’s right and responsibility to take care of and nurture the children and her priority in shouldering their guardianship in case of the husband's martyrdom, captivity or if missing in action 130. The right to law enforcement training and to hold security posts
Chapter 5. Women’s Judicial Rights and Responsibilities
131. The right to acquire legal information and training 132. The right to enjoy legal measures and judicial support for the prevention and elimination of crime and oppression against women in the family and society
133. The right to enjoy special family courts in order to safeguard the privacy of the family, reconciliation and resolution of conflict in the family
134. The right to have access to female police and disciplinary forces in case of aggressive behavior, being charged or commission of a crime
135. The right to occupy legal and judiciary posts in accordance with the law;
136. The right to take legal action in the courts of justice and other legal authorities;
137. The right to benefit from an attorney and legal consultant in the courts and other legal authorities
138. The right to comprehensive judiciary support against factors leading to crime against women or to crimes committed by women
139. The right of accused women to be protected from having her honor abused, from defamation, and from being individually and socially punished beyond the legal punishment
140. The right to be exempted from punishment when there are factors which can remove the penal responsibility
141. The right to have their reputation restored for defamation due to a judge's inaccurate judgment or mistake in relation to the accused or in issuing the verdict and to compensation for spiritual and material damages
142. The right to have their sentence reduced or to be pardoned in case of repentance and in the presence of proof that the repentance is authentic on the part of female delinquents, as well as at the time of pregnancy, breastfeeding and illness
143. The right to see parents, children and husband while in prison according to the regulations of the country
144. The right to enjoy the appropriate hygienic, cultural and educational facilities in prisons aimed at rehabilitation and a return to a healthy social life
145. The right of girls to be imprisoned at special youth centers where appropriate special facilities for their rehabilitation and expert social workers would be at their disposal
146. The right to file complaints against government regulations or government or judiciary officials in order to attain their own rights
147. The right and responsibility towards testifying in courts in compliance with legal and religious standards
148. The right to enjoy judiciary support, applied by Prosecutor General against a disqualified legal guardian or provider, or other violators of her legitimate rights.
The law to support children and the Youth
Article 1:
All people who are at the ages below 18 years old (Hijri Shamsi) shall enjoy provisions of the present law.
Article 2:
Any harmful act or abuse against children and the youth which results in physical, mental or ethical damages or endangers their physical or mental health is prohibited.
Article 3:
Any trafficking, abuse and manipulation of children for the purpose of illegal acts including smuggling is prohibited and the perpetrator or perpetrators, in addition to compensate the damages inflicted, shall be sentenced to six months up to one year imprisonment or pecuniary penalty from 10000000 up to 20000000 Rials based on each case.
Article 4:
Any harmful act, abuse, harassment and mental and physical torture against children and deliberate negligence of physical and mental health of children and preventing them from continuing their education is prohibited and the perpetrator or perpetrators shall be sentenced to 3 up to 6 months imprisonment or up to 10000000 Rials pecuniary penalty.
Article 5:
Abuse of children is a general crime and there is no need to private complainant for suing.
Article 6:
All people as well as all institutions and centers who are in charge of taking care and guardianship of children shall report abusive cases to the concerned competent judicial authorities for legal pursuit of the perpetrator or perpetrators and taking required judicial measures. Violation of the present Article will be followed by up to six month imprisonment or pecuniary penalty up to 5 000000 Rials.
Article 7:
Correctional measures within the framework of Article 59 of Islamic Punishment Law adopted on 7,9,1370 and Article 1179 of the Civil Code adopted on 19,1,1314 shall be exempted from the provisions of the present law.
Article 8:
If the crime as referred to in the present law are subject to other legal cases or titles or heavier punishments have been determined for them within the framework of other rules and regulations, the relevant punishments or religious penalties shall be exercised accordingly.
Article 9:
Since the date of adoption of the present law all rules and regulations which are in contrary to its provisions shall be considered as null and void.
Adopted in 9 articles by the Islamic Consultative Assembly in its open session on Monday 25,9,1385 and ratified by the Guardian Council.
Mahdi Karrubi
Speaker of the Islamic consultative Assembly
Abortion law
Single Article
Abortion is permitted if according to absolute diagnosis of three specialized physicians and as certified by the Legal Medicine the embryo is retarded and not fully completed in such a way that will cause troubles or illness for the mother and is threatening to her life, before it is four months old, by the consent of mother, and accordingly the physician who
Those who violate provisions of the present law shall be sentenced to punishment as the Islamic punishments law has stipulated.
Adopted in a single Act in the opening session of the session of the Islamic consultative Assembly on Tuesday 10,3,1384 and ratified on 25.3.1384 by the Guardian Council.
The law on Combating Human Trafficking
Article 1- Act of human trafficking involves:
1st- Smuggling into, smuggling out or illegal transit of person or persons across the borders of the country by means of force, coercion, threat, deception, abuse of one's power or position, abuse of situation of the vulnerable person for the purpose of prostitution, removal of limbs or organs, slavery and marriage.
2nd- Receiving, transporting, hiding or harboring person or persons as referred to in 1st Paragraph after transporting them across the border with the same purposes.
Article 2- Following acts are considered as human trafficking:
1st- Formation or heading groups and gangs with the purpose of the illegal acts as referred to in Article 1 of the present law.
2nd- Legal or illegal transit(smuggling into or smuggling out), transport or transfer of person or persons in an organized manner with the purpose of prostitution or other purposes as referred to in Article(1) of the present law even with his/their consent.
3rd- Illegal transit (smuggling into or smuggling out), transfer or transport of person or persons with the purpose of prostitution even with his/their consent.
Article 3- If the act of "human trafficking" is considered as the crimes mentioned in the Islamic punishment code, the perpetrator or the perpetrators shall be punished based on the punishment defined in the above mentioned code, otherwise he/she or they shall be sentenced to 2 up to 10 years of Imprisonment and face a pecuniary penalty equaling to two times of the money or properties gained as a result of the criminal act or the money or the property which was supposed to be paid by the victim or third party to the perpetrator.
Note 1- If the trafficked person is less than 18 years old and the act is not considered as Moharebe (act of war against Allah) and Ifsade Fel Arz(act of spreading corruption on earth) the perpetrator will face maximum sentence projected in the present Article.
Note 2- Those who make the attempt to commit the crimes referred to in the present law but no criminal act occurs without their free will, will be sentenced to 6 month up to 2 years imprisonment.
Note 3- Accomplices of human trafficking crime shall be sentenced to 2 up to 5 years imprisonment and shall face a pecuniary penalty equaling to the money and property gained as the result of the crime or the money or property which was supposed to be paid by the victim or a third party to the perpetrators.
Article 4- If any government staff or any staff of institutions, companies and organizations affiliated to the government or armed forces or non-governmental institutes and organizations or Islamic Revolution institutes and in general any staff of the three main branches of State, to any extent, is involved in the crimes referred to in the present law, in addition to the punishments projected in the present law, given to the extent of the crime, shall be dismissed from his post or any other government post on temporary or permanent basis.
Article 5- If any private company or institution has been established under any title with the purpose of committing the crimes referred to in the present law, in addition to the execution of the relevant projected punishment the permits for their activities shall become null and void and its further activities shall be prevented by the judiciary verdict.
Article 6- If the crime of human trafficking occurs concurrently with other types of crimes the perpetrator or perpetrators in addition to punishments projected for human trafficking, shall be sentenced to punishments for committing other crimes as well.
Article 7- Every Iranian citizen who commits one of the crimes referred to in the present law, out of the Iranian territory, shall be subject to the provisions of the present law.
Article 8- All objects, tools and vehicles which were used for human trafficking deliberately and knowingly shall be confiscated in favor of the government.
Done and adopted in 8 Articles and 3 Notes in the open session of the Islamic Consultative Assembly of the Islamic Republic of Iran on Tir 28th 1383.
The view of the Guardian Council as stipulated in the Article 94 of the Islamic Republic of Iran's Constitution was not received before the deadline.
Gholam Ali Haddad Adel
Speaker of the Islamic Consultative Assembly
The law of facilitating the Youth marriage
Article 1:
In order to give power to the youth and enable them to get married and make family, the government shall establish a Marriage Fund for the youth. The constitution of the Fund including the entity of the Fund, financial resources, the main parts and the modality of its membership shall be provided by the government within three months after its adoption and then shall be submitted to the Islamic Consultative Assembly for final approval.
Article 2: The government shall use foresighted annual budget resources and with regard to the possibilities of the Marriage Fund shall grant dwelling deposit Loan to the married couples on the basis of the report provided by Marriage Welfare Committee concerning their need.
Article 3:
While the government emphasizes on the methods of constructing houses with cheaper costs and on the basis of density and using smaller area and latest methods for construction, it shall provide a ground to use current facilities (density and rent on the basis of possession) and shall construct building unites as a “temporary dwelling” with the cooperation of the Ministry of Housing and Construction and Islamic Revolution Housing Foundation and public institutes such as Municipality or charity and endowment Institutes, by taking the lands which are under possession and ownership of the state or the lands dedicated by the benevolent persons. The above mentioned dwelling unites shall be let to the young couples with appropriate rent fees. The couples can use these unites for the period of 3 years.
Article 4:
A) All the public and state organizations and institutes and municipalities which have welfare facilities such as cultural centers, clubs or camps, with the coordination of the Marriage welfare Committee, shall use the concerned places for holding marriage ceremonies for qualified young couples.
B) The young couples who are members of the Fund and do not have any source of income, shall receive allowances after their marriage for the period of two years as money loans without interest. The maximum amount of this loan shall be determined according to the capital of the Fund.
Article 5:
The government shall respect and propagate the tradition of marriage as the tradition of prophet and at the same time disseminate the perfect patterns through national mass media and cultural and educational Institutes and in this field take following measures:
A) Rectification and amendment of believes and the customs which create obstacles for youth marriage in different areas of the country.
b) Encouraging youth and their families to hold group marriage ceremonies in order to reduce the expenses of marriage ceremonies.
c) The first day of Zihaj ( the day in which Imam-Ali married fatemah) shall be named as the Day for the Marriage of Youths.
d) Bringing up the discussions about the forming family, rules and manners of choosing spouse and the methods of easy and legal marriage, shall be taught through mass media, T.V and in the school text books at the last two years of high-school.
Article 6:
In order to settle the activities concerning marriage in provinces and the implementation of this law in Governor’s Office, the government shall establish Marriage Welfare Committees including Governor- general, Friday prayer of the city and Head of city council as the high-ranking officials of this Committee.
Note 1: this Committee can invite real and legal entities to participate in the decision-making process of the meetings of the Committee.
Note 2: All the concerned organs shall cooperate with this Committee.
Note 3: All the governors after receiving the reports concerning the measures taken by the Committee, with the coordination of the government shall sent the result of each province to the Islamic Consultative assembly annually.
Article 7:
In order to remove obstacles which make delay in the process of marriage and encouraging the youth to marry and establish family, the Ministry of Defense and Logistic Arm Forces shall take following measures after receiving the agreement of the Commander in Chief of Arm Forces:
A) To determine the location of the military services of married soldiers in the military centers near their living areas..
B) To pay at least doubled salary to the married soldiers. The salary of married soldiers shall be provided by marriage Fund for youth.
Article 8:
The government shall provide Comprehensive Training Plan for presenting consultations before and after marriage including consultation for finding suitable spouse, forming family, preparing the young couple for starting new common life, making youth acquainted with family rights and preparing them for having children, and consequently shall send the Plan to the parliament within 3 months after its adoption.
Article 9:
The government shall grant employment opportunities, employment loans and housing loans to the married couples.
Article 10:
The Ministries of Science, Research and Technology and Health, Medical Education and Treatment and other educational centers shall give dormitories to married couples and also shall pay doubled educational scholarship to married students compared to single students . The increase rate shall be provided by the Fund.
Note: the married students who studied medical science can firstly participate in the exams of specialized courses and then perform their military services.
Article 11:
The rules of procedure of this law after the approval of the constitution of Fund shall be provided by government within 3 month and consequently shall be adopted by the cabinet.
Article 12:
The report concerning the implementation of this law shall be provided by the government every six months and then shall be submitted to the cultural commission of the Islamic Consultative Assembly.
Article 13:
Ministers of Economic and Finance, Housing and Urbanization and Interior are responsible for implementation of this law vis-à-vis the Islamic Consultative Assembly.
The above-mentioned law which include 13 articles and 4 Notes was adopted on Sunday 27 of Azar 1384 (corresponding to 17 Dec 2005) by the Islamic Consultative Assembly and it was approved by the Guardian Guardian on 7 of Day 1384. (corresponding to 27 Dec 2005)
Gholamali Haddad Adel
The Head of Islamic Consultative Assembly
The Law on Citizenship of The Children of Iranian Women Marrying Non-Iranian Men
Single Article
Children of Iranian women married to non-Iranian men who have been given birth in Iranian territories or will be given birth in Iran maximum one year after adoption of the present law, are entitled to apply for Iranian citizenship when they become fully 18 years old.
Application of these people will be accepted if their police and security record is clean and if they reject non-Iranian citizenship. The Interior Ministry shall verify the birth place of the children and issue the Marriage Certificate, as stipulated in the provisions of Article 1060 of the Iranian Civil Code ; and the Islamic Republic of Iran’s Police, after the permit is granted by the Interior Ministry, shall issue residence permit in favor of non-Iranian fathers of the children, refereed to in the present Article. The child or children referred to in the present Article, shall be allowed to stay in Iran even before they get their Iranian citizenship.
Note 1:From the time of adoption of this law on if the age of the people for whom the present law applies, is more than 18 years, they shall officially apply for acquiring Iranian citizenship.
Note 2: Since the date of the adoption of the present law the child or children who is/are result(s) of the marriage of Iranian women with non-Iranian men, shall be granted Iranian citizenship, provided that the marriages have already been registered based on the Act No. 1060 of the Iranian Civil Code, after reaching the full 18 years old within the maximum of one year and irrespective of the residence preconditions as stipulated in Act No. 979 of the Iranian Civil Code.
This law has been adopted in one single Article and two Notes by the Islamic Consultative Assembly on Sunday, 2/7/1385, and ratified by the Guardian Council on 12/7/1385.
Gholam Ali Haddad Adel
Speaker of The Islamic Consultative assembly
The law of Fashion and cloths
Article 1:
In order to preserve and strengthen the Iranian Islamic culture and identity; to respect, explain, stabilize and propagate the national and ethnic patterns; to direct the markets for supply and demand of clothes and garments according to domestic and national patterns; to encourage people to avoid foreign patterns which are in contradiction with Iranian culture and identity, the Ministry of Culture and Islamic Guidance shall establish a work group including an authorized representative from Ministry of Culture and Islamic Guidance, Ministry of Education, Ministry of Commerce and Mine, Radio and T.V Organization and Organization of Management and Planning, and three representatives from concerned clothes and textiles Union (designer and supplier) and one representative from Cultural Commission of the Islamic Consultation Assembly as an observer as the foundation of the management structure for this law Note: the ratified articles of this workgroup(committee) shall be implemented after being signed by the Ministry of Culture and Islamic Guidance.
Article 2:
Ministry of Culture and Islamic Guidance and the Organization of Radio and T.V of the Islamic Republic of Iran shall encourage and propagate the use of Iranian ethnic patterns originated from different regions of Iran which are approved by the above mentioned Committee ( Article 1) and to avoid seriously propagating the patterns which are in contradiction with Iranian Islamic culture.
Article 3:
Ministry of culture and Islamic Guidance with the cooperation of the Ministry of Commerce shall hold national, regional and international festivals with the purpose of cultural interactions among the Muslim Nations and presenting Islamic and Iranian patterns for clothes and textiles.
Article 4:
All the designs and patterns for clothes and garments which are symbol of Iranian Islamic culture, shall be legally supported and registered as industrial ownership.
Article 5:
Ministry of Commerce shall hold exhibitions concerning current Iranian fashions and clothes, so that the public will have easy access to Iranian Islamic patterns and at the same time supporthng the products and sale of Iranian clothes and textiles based on Islamic patterns, will be supported.
Article 6:
In order to support domestic products according to the import an export laws and regulations approved on 1372 and its following amendments, the Ministry of Commerce shall determine Custom Charges for commercial imports of foreign clothes and textiles, so that to create the possibility of competition for domestic producers.
Article 7:
While establishing cooperative council of granting permission for certain activities or using government facilities, the Ministry of cooperative, labor and Social Affairs and Ministry of Industry and Mines shall give priority to those producers and designers of clothes and textiles who use Iranian Islamic patterns in their designs.
Note 1: The workgroup(committee), mentioned in Article(1) shall be responsible for determining the conditions for using the facilities and state privileges.
Note 2: While granting banking facilities and self-employment loans, the banks shall give priority to the said applicants.
Article 8:
The Ministry of Commerce shall provide necessary and supportive measures for strengthening and establishing the Union of clothe designers.
Article 9:
All the state organizations shall provide facilities from their annual budget for welfare services to purchase clothes and textiles based on Iranian Islamic patterns in order to encourage them in this regard.
Article 10:
The Ministry of Science, Research and Technology, and the Ministry of Culture and Islamic Guidance shall support the researches and specialized theses covered by this law and take necessary measures in this regard.
Article 11:
The rules of procedure of this law shall be provided by the Ministry of Culture and Islamic Guidance with the cooperation of other concerned institutes and organizations within the period of 3 months and consequently shall be approved by the Cabinet.
The law to Support the Rights and Responsibilities of Women in Internal and International Arenas
Article 1:
In the first line of the Para. 1 of the first chapter of the Charter for Women’s Rights and Responsibilities in the Islamic Republic of Iran adopted by the Supreme Council for culture Revolutions on 31,6,1383 the word “integrity” was deleted and replaced by the word “health”.
Article 2:
The Government shall, in line with implementation of Article 20 and 21 of the Islamic Republic of Iran’s Constitution as well as the 20 year Vision Plan of the Islamic Republic of Iran, provide required ground for defining and implementing women’s rights and responsibilities in internal and international arenas based on the Reference Document (charter of for women’s rights and responsibilities in the Islamic Republic of Iran adopted by the Supreme Council for Cultural Revolution on 31.6.1383).
Note: Since the date of adoption of the present law all rules, regulations and treaties which are contrary to the provisions of the said Charter shall be considered as null and void.
Adopted on 15.11.1385, in two Articles and a single Note, by the Islamic Consultative Assembly and ratified by the distinguished Council of Guardians.
Gholam Ali Haddad Adel
Speaker of the Islamic Consultative Assembly