04.2005 - Source: UK Home Office

Citizenship and Nationality ("Country Report - April 2005") [#31980], [ID 8282]

"[...]5.2 According to the US Defense Security Service in their 2001 report on citizenship criteria, citizenship is based upon the Iranian Civil Code which stipulates that in general, birth within the territory of Iran does not automatically confer citizenship. Some instances where birth does confer citizenship is when a child is born to unknown parents, children born to non-citizens, one of whom was born within Iran or a child born of a father of foreign nationality, if immediately after reaching the age of 18 the child continues to live within Iran for at least one year. [32] A child born to an Iranian father regardless of the country of birth is Iranian by descent. [32]
5.3 As reported by the BBC Monitoring Service on December 2002 Iran's laws allow a male national to acquire Iranian citizenship for his wife and children, while women are not entitled to the same privilege. In December 2002 it was announced that the Majlis were to debate a bill to grant Iranian citizenship to foreign spouses of Iranian women with a view to removing this discrimination. The bill sought to solve the problem of Iranian women who had married foreigners, particularly Afghan nationals. [21aw] In January 2003 according to Payvand News, the Majlis National Security and Foreign Policy Commission unanimously rejected the bill when the commission's rapporteur, Hamid-Reza Hajji-Babaei, was reported as saying that the sole article of the bill authorized the cabinet to issue permanent residence permits to Afghan nationals married to Iranian women whose marriages were solemnized within the period 21 March 1979 to 20 March 2002 and that "Under the bill, costs that may be incurred by the Interior Ministry in Afghan naturalization proceedings are to be paid by the applicants. However, given the results of expert studies into the issue, the commission thinks the costs and likely consequences of the plan would not be favorable to the country." [53a]
5.4 According to the US Defense Security Service in their 2001 report on citizenship criteria Iranian citizenship may be acquired upon fulfillment of the following conditions: the person must have reached the full age of 18, have resided in Iran for five years, whether continuously or intermittently, not be a military service escapee and not have been convicted of a major or non-political crime in any country. [32] [68a]The wives and minor children under 18 of naturalised citizens are also considered Iranian citizens. [32] Dual citizenship is not recognised. [32] The British Embassy Consular Section in Tehran stated on August 2004 that "In Iran, if you are a holder of both Iranian and British passports, you are recognised only as an Iranian national and the level of assistance we can provide is very limited." [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Country Report on Human Rights Practices 2004 ("Country Report on Human Rights Practices 2004") [#29525], [ID 8283]

"The Islamic Republic of Iran [note 1] is a constitutional, theocratic republic in which Shi'a Muslim clergy dominate the key power structures. Article Four of the Constitution states that "All laws and regulations…shall be based on Islamic principles." Government legitimacy is based on the twin pillars of popular sovereignty (Article Six) and the rule of the Supreme Jurisconsulate (Article Five). The unelected Supreme Leader of the Islamic Revolution, Ayatollah Ali Khamene'i, dominates a tricameral division of power among legislative, executive, and judicial branches. Khamene'i directly controls the armed forces and exercises indirect control over the internal security forces, the judiciary, and other key institutions. The executive branch was headed by President Mohammad Khatami, who won a second 4-year term in June 2001, with 77 percent of the popular vote in a multiparty election. The legislative branch featured a popularly elected 290-seat Islamic Consultative Assembly, Majlis, which develops and passes legislation, and an unelected 12-member Council of Guardians, which reviews all legislation passed by the Majlis for adherence to Islamic and constitutional principles and also has the duty of screening Majlis candidates for eligibility. Conservative candidates won a majority of seats in the February Seventh Majlis election that was widely perceived as neither free nor fair, due to the Council of Guardians' exclusion of thousands of qualified candidates. The 34-member Expediency Council is empowered to resolve legislative impasses between the Council of Guardians and the Majlis. The Constitution provides that "the judiciary is an independent power"; however, the judicial branch is widely perceived as both corrupt and heavily biased towards conservative elements within the society and against reformist forces. [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Protection of reputation, life, property and dwellings ("Country Report on Human Rights Practices 2004") [#29525], [ID 8284]

"[...] The Constitution states that "reputation, life, property, (and) dwelling(s)" are protected from trespass except as "provided by law"; however, the Government infringed on these rights. Security forces monitored the social activities of citizens, entered homes and offices, monitored telephone conversations, and opened mail without court authorization.
[...]"

Document(s): Open document

01.2003 - Source:

MUSE: Constitutional Constraints in the Islamic Republic ("00.01.2003 - MUSE: The Deadlock In Iran - Constitutional Constraints") [ID 8286]

Document(s): 00.01.2003 - MUSE: The Deadlock In Iran - Constitutional Constraints

10.12.2002 - Source:

University of Bern - International Constitutional Law: Iran ("University of Bern - International Constitutional Law - Iran") [ID 8287]

"Constitutional Background

The former monarchy and the Constitution of 1906 were abolished by the revolution of February 1979. The 1979 Constitution dates 24 Oct 1979 and is in force since 3 Dec 1979. Significant amendments were adopted on 28 July 1989.
1. The 270-member Majlis (Islamic Consultative Assembly) can initiate laws (cf.Art. 71), but is subject to a number of restrictions (Art. 72) and needs the support of at least fifteen members (Art. 74). The Majlis can hinder the President's policy, veto cabinet appointments, and even impeach ministers. Its speaker is powerful due to his seat on all of the main councils of state.
2. The Preamble is very long, containing a history of the revolution, a description of the new state, and quotes of Koranic verses. The Preamble states that Economy is a Means, Not an End. It also asserts that the home centered role of Women in Islam is actually a liberation, assigning women special rights. Iran places no belief in Government Control.
3. Iran has an official religion, some recognized religious minorities, and acknowledges rights of non-Muslims. Iran grants a right to work, extensive welfare rights, and a right to fruits of business. The Constitution requires that the taking of foreign aid be approved by the Parliament. Concessions for foreign businesses are forbidden. The Constitution acknowledges committee legislation and features a religious leader as well as a Head of Judiciary. Public officials are subject to an asset control."

Document(s): University of Bern - International Constitutional Law - Iran

10.2002 - Source: UK Home Office

UK Home Office: According to the constitution the spirituality and ethics of Islam are to be the basis for political, social and economic relations ("Country Assessment - October 2002") [#9556], [ID 8288]

"4.1. Iran's Constitution was adopted in 1979, and was amended in 1989 to provide for the abolition of the post of Prime Minister and consequent increase in power of the Presidency . It states that the form of government of Iran is that of an Islamic Republic and that the spirituality and ethics of Islam are to be the basis for political, social and economic relations. Persians, Turks, Arabs, Balochis, Turkomans and others will enjoy completely equal rights. [...]
[...]
4.4. On 29 November 1997 President Khatami ordered the establishment of the “Committee for Inspection and Supervision on the Implementation of the Constitution”. The aim was to regulate policy, give preference to articles relating to the individual and social rights, and improve communication of the legal rights of the individual. The text of the order, forwarded to the UNHCR in September 1998, depicts the strong mandate of the Committee as one which could go a long way towards resolving many of the existing discrepancies between the Constitution and actual laws and practices within Iran. Suffrage is universal at 15.

4.5. In September 2002 Iran's frustrated reformist President Mohammed Khatami has presented a new bill to parliament aimed at enhancing his powers. It is the second of two proposals which reformists hope will clear the way for the enactment of changes which have been largely blocked by the entrenched hardline minority still holding positions of power."

Document(s): Open document

10.1979 - Source:

(00.07.1989) - Websites providing full-texts of the Constitution of The Islamic Republic of Iran ("Iranonline - Constitution of The Islamic Republic of Iran") [ID 8285]

Document(s): Iranonline - Constitution of The Islamic Republic of Iran

10.1979 - Source:

(00.07.1989) - Websites providing full-texts of the Constitution of The Islamic Republic of Iran ("Salam Iran - Constitution of The Islamic Republic of Iran") [ID 8285]

Document(s): Salam Iran - Constitution of The Islamic Republic of Iran

10.1979 - Source:

(00.07.1989) - Websites providing full-texts of the Constitution of The Islamic Republic of Iran ("University of Bern - International Constitutional Law - Iran") [ID 8285]

Document(s): University of Bern - International Constitutional Law - Iran

10.1979 - Source:

(00.07.1989) - Websites providing full-texts of the Constitution of The Islamic Republic of Iran ("WebIran - Constitution of The Islamic Republic of Iran") [ID 8285]

Document(s): WebIran - Constitution of The Islamic Republic of Iran