A/HRC/31/26
F.
Situation of women
35.
The Islamic Republic of Iran has ratified the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights, in
addition to other treaties that prohibit discrimination. However, it is not a party to the
Convention on the Elimination of All Forms of Discrimination against Women. As the
Human Rights Committee observed in concluding observations adopted in 2011
(CCPR/C/IRN/CO/3), the status of the international human rights treaties in domestic law
is not specified in the legal system, which hinders the full implementation of the rights
contained in the International Covenant on Civil and Political Rights.
36.
The Secretary-General remains concerned about violations of the human rights of
women, including in relation to freedom of movement, the right to health and the right to
work. Following the adoption of the Plan to Promote Virtue and Prevent Vice in April
2015, strict and discriminatory rules on women’s and girls’ dress are being enforced across
the country. On 15 November, police announced that cars driven by women not wearing the
hijab would be impounded for a week and fines would be imposed.30 The police allegedly
use this provision to intimidate and harass women, and also to subject them to physical
violence and imprisonment. On 15 December, the head of the Tehran traffic police was
quoted in the media as stating that during the previous eight months, traffic police had dealt
with 40,000 cases of “bad hijabs”, with vehicles seized and their owners brought before the
courts.31 These regulations violate women’s and girls’ human rights and limit their ability to
carry out essential daily activities. The authorities stressed that wearing the hijab was a
moral matter and its imposition in public places was to maintain security.
37.
There has been no progress in efforts to end child marriages. According to The
Global Gender Gap Report 2015, 21 per cent of Iranian women aged between 15 and 19
married as children.32 The United Nations Children’s Fund (UNICEF) estimates that
between 2005 and 2013, 17 per cent of girls in the Islamic Republic of Iran were married
by the age of 18.33 Despite recommendations emerging from the second cycle of the
universal periodic review and increasing awareness of the harm caused by early and forced
marriages, the legal age of marriage for girls in the Islamic Republic of Iran, established by
the Civil Code, is still 13 years old. Article 1041 of the Code also allows girls under the
legal age to be married with the consent of their father or the permission of a court. The
Code further stipulates that, regardless of the bride’s age, if she is a virgin, she needs her
father’s or grandfather’s consent to marry. Child and forced marriages result in numerous
human rights violations, including violations of the rights to employment, education and
other opportunities for girls and young women, and expose them to a variety of forms of
violence. Several United Nations human rights experts, special procedure mandate holders 34
and treaty bodies35 have established that neither cultural diversity nor freedom of religion
may justify discrimination against women. In their comments on the present report, the
authorities acknowledged that there had been occurrences of underage marriage in rural
areas and noted that it was legitimate in some regions, owing to geography and sexual
30
31
32
33
34
35
See www.iranhumanrights.org/2015/11/hijab-new-restrictions/.
See http://shohadayeiran.com/fa/news/101470/ (in Persian).
World Economic Forum, The Global Gender Gap Report 2015 (Cologny, Switzerland, 2015).
See http://data.unicef.org/corecode/uploads/document6/uploaded_pdfs/
corecode/SOWC_2015_Summary_and_Tables_210.pdf.
See, for example, A/67/287, A/68/290 and A/HRC/26/22 and Corr.1.
See Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men
and women, para. 21; and Committee on Economic, Social and Cultural Rights, general comment No.
21 (2009) on the right of everyone to take part in cultural life, paras. 18 and 64.
11
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