10.01.2008 - Source: Immigration and Refugee Board of Canada

Query response on enforcement of the Official Dress Code (2005 - December 2007) ("Enforcement of the Official Dress Code (2005 - Dec. 2007) [IRN102671.E]") [ID 22507]

"Women in Iran are required by Iranian penal law to maintain "Islamic dress in public" [...] and therefore must cover their hair and neck completely and wear clothing that does not reveal the shape of the body (...; Reuters 18 Apr. 2006). Men cannot wear shorts and women cannot reveal their hair or ankles (RFE/RL 19 Apr. 2006).

Sources describe violations of the dress code to include wearing colourful scarves or tight coats, men sporting "Western" hairstyles (RFE/RL 2 May 2007), women wearing loose-fitting scarves or shortened trousers which expose skin (The Guardian 20 Apr. 2006; BBC 21 Apr. 2006) and women wearing makeup (US 6 Mar. 2007, Sec. 1.c).

Detentions and other punishment on the basis of "un-Islamic appearance" have extended to "young men playing loud music in their cars" (RFE/RL 2 May 2007) and persons who walk pet dogs in public (The Guardian 20 Apr. 2006; RFE/RL 14 Sept. 2007; BBC 21 Apr. 2006).

[...] According to a report of the Danish Immigration Service, the legal basis for Iranian clothing rules is found in the penal code which "stipulates that women that show themselves in public places without Islamic clothing should be sentenced to from ten days to two months imprisonment or a fine" (Denmark Apr. 2005, 12).

Other sources note that people who violate the dress code may have to sign "statements pledging not to violate the dress code" (RFE/RL 2 May 2007) or may receive verbal reprimands (UK 27 Feb. 2007), lashes (Reuters 18 Apr. 2006; UK 27 Feb. 2007) fines (Reuters 18 Apr. 2006) and/or up to three months' imprisonment (UK 27 Feb. 2007). [...]"

Document(s): Open document

06.03.2007 - Source: US Department of State

Matrimonial law: Minimum-ages for marriage; Islamic law permits a man to have up to 4 wives and an unlimited number of temporary partnerships (sigheh) ("Country Report on Human Rights Practices 2006") [ID 21076]

"The law requires court approval for the marriage of girls younger than 13 and boys younger than 15. Although a male can marry at age 15 without parental consent, the 1991 civil law states that a virgin female needs the consent of her father or grandfather to wed, or the court's permission, even if she is older than 18.

The country's Islamic law permits a man to have up to four wives and an unlimited number of temporary partnerships (sigheh), based on a Shi'a custom in which a woman may become the wife of a Muslim male after a simple religious ceremony and a civil contract outlining the union's conditions. Temporary marriages may last for any length of time and are used sometimes by prostitutes. Such wives are not granted rights associated with traditional marriage."

Document(s): Open document

06.03.2007 - Source: US Department of State

Divorce law: Unequal divorcing standards between wives and husbands ("Country Report on Human Rights Practices 2006") [ID 21077]

"Women have the right to divorce if their husband signed a contract granting that right or if he cannot provide for his family, is a drug addict, insane, or impotent. However, a husband is not required to cite a reason for divorcing his wife."

Document(s): Open document

06.03.2007 - Source: US Department of State

Divorce law: Traditional marriage contracts and the developement of new marriage and remarriage laws since 2002 ("Country Report on Human Rights Practices 2006") [ID 21078]

"A widely used model marriage contract limits privileges accorded to men by custom, and traditional interpretations of Islamic law recognize a divorced woman's right to a share in the property that couples acquire during their marriage and to increased alimony. In 2002 the law was revised to make adjudication of cases in which women demand divorces less arbitrary and costly. Women who remarry are forced to give the child's father custody of children from earlier marriages.

However, the law granted custody of minor children to the mother in certain divorce cases in which the father was proven unfit to care for the child. In 2003 the government amended the existing child custody law to give a mother preference in custody for children up to seven years of age (previously she only had preference for sons up to age two); thereafter, the father had custody. After the age of seven, in disputed cases custody of the child was to be determined by the court."

Document(s): Open document

06.03.2007 - Source: US Department of State

Discrimination against women in law and practice: Disproportionate punishments, testimony, blood money; a married woman must obtain the written consent of her husband before travelling abroad ("Country Report on Human Rights Practices 2006") [ID 21079]

"The penal code includes provisions for stoning persons convicted of adultery, although judges were instructed in 2002 to cease imposing such sentences. In addition a man could escape punishment for killing a wife caught in the act of adultery if he was certain she was a consenting partner; the same rule does not apply for women. Women may also receive disproportionate punishment for crimes, including death sentences (see section 1.a.).

In August the government reportedly authorized judges to resume the sentence of stoning (see section 1.c.). In October human rights groups and activists called on the government to end the practice. Activists reportedly published a list of 11 persons who had been sentenced to stoning during the year and noted reports that two persons were stoned in May. Government officials continued to deny that stoning sentences were imposed or implemented.

The testimony of two women equates with that of one man. The blood money paid to the family of a female crime victim is half the sum paid for a man. A married woman must obtain the written consent of her husband before traveling outside the country (see section 2.d.)."

Document(s): Open document

08.2005 - Source: Freedom House

Penal Code ("Freedom in the World 2005") [#41317], [ID 8449]

"[...]The penal code is based on Sharia and provides for flogging, stoning, amputation, and death for a range of social and political offenses.[...]"

Document(s): Open document

04.2005 - Source: UK Home Office

Reform of the judicary ("Country Report - April 2005") [#31980], [ID 8450]

"[...]5.25 The United Nations Special Representative stated in his report of 16 January 2002 that the long awaited bill on the reform of the Judiciary had finally reached the Majlis. At the time of preparation of this report, he had not seen a detailed description of the bill. However, according to press reports, it stipulated that exceptional tribunals like the revolutionary courts would be able to deal only with cases explicitly referred to them by law. Officials and military personnel would be tried only by Tehran’s Criminal Courts. If this worked out to be the case in practice, it would be a major improvement. [10p](pg7) On 3 September 2003 Parliament passed legislation to form a special commission to monitor performance of the judiciary. [21bl] [...]
6.11 The UN Special Rapporteur on the Right to freedom of opinion and expression was invited and visited Iran from 4 November 2003 to 10 November 2003. During his visit, "The Special Rapporteur notes the willingness for reform among civil society, members of Parliament and at the highest levels of the Government, and that in most of his discussions, an improved framework for the protection of human rights, and in particular of the right to freedom of opinion and expression, was identified as an essential initial step towards reform. In this respect, he acknowledges that the Government and the Majlis are very active at the legislative level, endeavouring to improve the existing legal framework, in particular in relation to a better protection of human rights and fundamental freedoms". "However, the Special Rapporteur (also noted and commented in his January 2004 report) that a major impediment to reform consists of various institutional locks on governmental, parliamentary and judicial processes resulting from the control exercised thereon by unelected institutions and bodies that are not accountable to the people. In the view of the Special Rapporteur, these institutions and bodies hamper reforms at the legislative level and in the functioning of the institutions". [10y](pg2) [...]"

Document(s): Open document

08.03.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Iran's laws permit violence against women ("Civil and political rights [E/CN.4/2005/NGO/310]") [#30293], [ID 8451]

"[...] According to the UN’s top official on women’s rights, Yakin Erturk, Iran’s laws “do not provide protection for victims of domestic violence and make it difficult to escape violence through divorce,” and suffering wives face “time-consuming judicial procedures and stigmatization.” Moreover, women complaining of rape run the risk of being charged for adultery. “Victims of rape face obstacles in seeking justice, and if they cannot prove they have been raped, they face sentences.” [...]"

Document(s): Open document

04.03.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Written statement by the International Federation for Human Rights Leagues (FIDH) on freedom of expression, torture, women rights, discrimination against minorities and the death penalty ("Question of the violation of human rights and fundamental freedoms in any part of the world [E/CN.4/2005/NGO/158]") [#30291], [ID 8452]

"[...]Women do not enjoy the same rights as men within the judicial process. The responsibility under criminal law for the girls is 9 years old, while it is 15 years for the boys. They could even be condemned to the death penalty. On the contrary, they are responsible under civil law when they reach 18 years old, except if a court states that the child is mentally mature. According to article 300 of the Islamic Penal Code, the blood money for a woman is half as much as that of a man. If a woman kills someone (a man or a woman), she may be condemned to the death penalty. However, according to Art. 209 of the Islamic Penal Code, if a woman is murdered by a man, the family of the victim must pay (half of the blood price of the murderer) to the family of the murderer in order to allow that the murderer be judged by a court and condemned to the death penalty.The legal value of a woman's sworn testimony has half the value of a man's testimony
The state takes half a couple estate if a husband dies in the absence of other heirs than his wife. The wife inherits only half of the estate. When wives die in the same circumstances, husbands are entitled to the entire estate. The outgoing parliament adopted a bill to address that discrimination in May 2004. However, the Council of Guardians didn't approve the reform yet.
It should also be noted that women need to get an authorisation from their husband in order to travel or work.[...]"

Document(s): Open document