A/HRC/37/68/Add.1
Regarding the citizenship of the offspring of Iranian women married to foreign nationals, in
this connection (i. e. determination of the nationality of children born of Iranian marriages with
foreign nationals) the civil law has once made revisions in 2006 and it has given new privileges
to these women, observing the national interests and the interests of the children. Again, this
year, a draft has been sent, by parliamentarians to the Commission of Councils and Internal
affairs of the Parliament for addressing the issue. It was confirmed and referred to the
Parliament’s Judicial Commission. The draft is currently under consideration and will be
submitted to the Executive Board after approval by the commission.
It should also be pointed out that mere non-adherence to a convention, to which some other
countries have not acceded, should not be a precondition for women's status in a country. It
should also be noted that the bill referred to (increase of population and preventing birth
decreased) has not yet been ratified and it is in the working program of the parliament.
Reply to paragraph 65
Given that in parts of the country due to geographical circumstances, girls and boys have
reached the age of physical and sexual maturity at an early age and they intend and decide to
be married, and in the past their marriage has been carried out without supervision of the law,
the legislator subjects this issue to observance of the provisions of Article 1041 of the Civil
Code ( marriage contract of a girl before reaching the full age of 13 and the boy before
reaching the full age of 15 shall be subject to permission of parents and also subject to the
expediency and decision of the competent court). Also, according to the custom of nomads and
some villages, many of the cases of marriage at an early age are uncontested and marital age is
postponed. It should be noted that a considerable number of marriages are concluded at this
age, in accordance and in the framework of cultural and customary practices. The legal system
is strictly supervised by the law in relation with this group of marriages. These regulations,
including by reference to Articles 646 of the Islamic Penal Code (adopted in 1996), the
provisions of Article 1041 of the Civil Code, and Article 50 of the Family Protection Act
(2012), are in force. Also, according to Article 56 of the new law, any official notary office is
required to register a marriage, otherwise without certification or violation of the provisions of
Article 1041 of the Civil Code, they are punishable by the fourth category of the law of the
Islamic Penal Code (denial of employment as a notary). Article 45 of the same law states: "It is
imperative to observe the expediency of children and adolescents in all decisions of the courts
and executive authorities, and courts usually do not easily vote for the requested marriages in
order to adhere to the best interests of boys and girls as well as adolescents. It should be noted
that while precautionary laws prohibit forced marriages and perpetrators can be prosecuted, on
the other hand, the court, with due care and observance of the expediency, only authorizes
some of the requested cases for adolescent marriages. In urban societies, according to the
statistics center of Iran, the average age at the first marriage for men has raised from 24.1 years
of age in 1976 to 26.7 in 2011 and for women, in the same period, from 19.7 to 23.4 years of
age.
In spite of the reservation of the Islamic Republic of Iran to the Convention on the Rights of
the Child and the necessity of compliance of its provisions with the Islamic Canon Law,
important documents have been approved, for the sake of generosity and kindness, in the
Islamic Republic of Iran for the protection of persons below the age of 18.
Reply to paragraph 66
Unfortunately, false allegations have been raised as a consequence of misinterpretation of the
Islamic law, which needs to be corrected. Firstly, according to the existing information, there is
no case of execution of stoning sentences in recent years, and this is in the light of the more
precise attention as well stipulations in the Penal Code. Secondly, according to religious
teachings in Muslim countries, sexual relations outside the family framework are denounced
and are considered illegal by legislature, and the crime is punishable by appropriate penalties in
the event of a crime. For this reason, both ethical and mental aspects of family formation have
been advised and legislated. This is more advanced than the situation of free and unreliable
relations in many non-Muslim communities. In addition to maintaining a family commitment
in the form of a legal marriage link, in addition to ensuring the health of the generation and the
ethics of the community, it prevents other crimes to happen. As in many cases of crime leading
to murder, sexual relations outside the family bond have created the motive for murder cases. It
should be noted that Islamic limits are precisely outlined in the penal code of the country and
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