A/HRC/37/68/Add.1
Reply to paragraph 63
As the Special Rapporteur also acknowledges, n accordance with provisions of the Civil Code,
a wife can enter into marriage while raising her condition conditions officially written in the
marriage contract. Also, according to the Note under Article 1133 of the Civil Code, a woman
may apply for divorce from the court, subject to the conditions laid down in civil law. In
addition to the clauses cited in this Note, a woman may apply for divorce, by entering another
condition in the contract, which usually has 12 qualifications by default in the marriage
documents, which the couple are required to study before signing the marriage contract,
including the principle of division of owning and assets into two, after divorce.
The purpose of categorizing different types of jobs is to support women's employment by
prioritizing jobs that are more related to women's physical and psychological characteristics,
and in other jobs where gender is not in question, employment for women is discussed without
discrimination. The overall goal of this policy is to eliminate barriers to women's employment
in all possible ways, including the necessary laws and regulations and the provision of facilities
by the executive departments of the country. Also, there are currently no statutory barriers to
the employment of women in civil law, and the freedom to choose a job is stipulated in the
constitution, and also equal pay for equal work in labour law, and the prohibition of gender
discrimination, race and ethnicity are anticipated in relevant legislations.
Also, with regard to Article 1117 of the Civil Code, according to which a husband may
prohibit his wife from a profession or industry that is in conflict with his family or his dignity,
the following considerations shall be made:
- Paternal authority is not absolute in this Article and it is bound to the family and dignity of
the spouse or wife;
- A wife's denial of employment should be sought through the court and finally the court
decides on the correctness of the wife’s request;
- The corresponding clause of this power is also anticipated for the wife in Article 18 of the
Family Protection Act of 1974, and a woman may also prohibit her husband from work which
is detrimental to his family and his dignity
Reply to paragraph 64
In spite of the extensive information provided in response to the last draft report of the
Rapporteur, which was based on the existing facts about progress towards promoting women's
rights in the Islamic Republic's laws and practices, previous allegations have been repeated.
Here's a brief summary of the earlier provided responses:
On the issue of letting married women out of the country, a draft has now been submitted to the
parliament by the women's parliamentary fraction to amend this law. In addition, considering
the geographical location of the Islamic Republic of Iran, some legal restrictions are introduced
for legal consideration, on the movement of women have been planned for the purpose of
combating human trafficking and the seduction of women and girls.
On the issue of custody of children, it is worth noting that the Civil Code considers the custody
of a child during parental days as a parent's responsibility, which means that no parent can
disassociate or compromise this legal assignment. For the custody and caring of a child whose
parents are separated from each other, the mother enjoys priority to the age of seven
(regardless of the child to be boy or girl), and then custody is with the father. After the age of
7, if there is a dispute between the parents on the custody, the custody of the child, with due
regard for the child's best interests, is determined by the court. Accordingly, the custody of a
child after the age of seven is not completely owed to the father, but when the parent and child
of the child differ in their custody, the criterion for determining the custodian is merely the
expedient of the child; It may be the case that due to incompetency of the father and on the
discretion of the court and the expediency of the child, it leads to the conclusion that the
custody of the child to be transferred and borne by the mother. In any case, expenses of living
shall be borne by the father. Also, in the event of one of the parents’ death, the custody of the
child (minor or incapacitated) will be with the parent who is alive; regardless of the fact that
the deceased might have been the father of a child and he might have appointed a guardian for
the child. For example, with the death of his father, the custody of the child is with the mother,
not the grandfather of the child. Article 43 of the Family Protection Act also provides for the
custody of children whose fathers have died, with their mother, unless the court decides to
grant custody of the mother against the child's interest at the request of the victim or the
prosecutor.
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