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IRAN

Human Rights Issues

  Overview Death penalty
  Torture/Ill-treatment Arbitrary Detention
  Fair trial Prison conditions
  Demonstrations/Strikes Ethnic affiliation
  Religious affiliation Political affiliation
  Women Children/Youth
  Sexual orientation Media/Journalists/Writers
  Military service/Desertion Refugees
  Drugs/Alcohol Scientists/Academics
 

Source:

Amnesty International: [ID 8981]

Source:

Human Rights Treaty Reporting Mechanism: [ID 8984]

29.12.2007 - Source: Iran Focus

Iran Supreme Court upholds death sentence for 17-year old schoolboy over the murder of his eight-year-old friend in December 2005; he was found guilty of convincing his younger friend to have sex with him; imminent execution ("Iran Supreme Court upholds death sentence for teenage boy") [ID 22157]

Document(s): Open document

05.12.2007 - Source: Human Rights Watch

Authorities are demanded to follow the order by the head of the Judiciary Ayatollah Shahrudi to halt the execution of Makwan Mouloudzadeh for a judicial review of the case; he was sentenced to death for crimes allegedly committed when he was 13 years old; his accusers recanted their accusations against him; his confessions were coerced ("Prevent Execution of Juvenile Offender") [ID 22133]

Document(s): Open document

03.11.2007 - Source: Human Rights Watch

Iranian authorities should immediately prevent the execution of Makwan Mouloudzadeh and commute his death sentence, HRW says; Mouloudzadeh, 20, was sentenced to death on questionable evidence for a crime supposedly committed when he was a 13-year-old child ("Revoke Death Sentence in Juvenile Case") [ID 21740]

Document(s): Open document

10.09.2007 - Source: Federal Government (Germany)

Minors sentenced to death; Deterioration of human rights situation since Mahmud Ahmadinejad assumed office in 2005; details on death penalty and corporal punishment (response to parliamentary query, in German) ("Antwort der Bundesregierung auf die Kleine Anfrage der Fraktion Bündnis 90/Die Grünen - BT-Drs. 16/6336") [ID 22407]

"Jugendliche werden im Iran weiterhin zum Tode verurteilt und in Einzelfällen hingerichtet. Derzeit sollen sich nach Angaben von Menschenrechtsorganisationen über 70 zur Tatzeit Minderjährige in iranischen Gefängnissen befinden, gegen die ein Todesurteil ergangen ist.

Seit 1990 sollen im Iran mindestens 24 zum Tatzeitpunkt minderjährige Straftäter hingerichtet worden sein, vier davon im Jahre 2006.
2007 sind mindestens zwei Fälle bekannt geworden: Mohammad Moussavi am 22. April in Shiraz und Qanbar Zahi am 28. Mai in Zahedan.
Iranische Medien berichteten ferner vom Fall eines Mannes namens Abbas, der am 31. Mai 2007 in Neka in der Provinz Mazandaran hingerichtet worden sei"

Document(s): Open document

03.07.2007 - Source: Amnesty International

Iran is the world's sole executioner of child offenders; it has executed more child offenders (24) than any other country in the world since 1990; 11 of those sentenced to death were still aged under 18 when executed ("Iran – the last executioner of children") [ID 21444]

Document(s): Open document

12.06.2007 - Source: US Department of State

Trafficking in Persons Report 2007 ("Trafficking in Persons Report 2007") [ID 21439]

Document(s): Country Narratives: H through P
Full Report

06.03.2007 - Source: US Department of State

Two 17-year-old teenagers executed ("Country Report on Human Rights Practices 2006") [ID 19338]

"On May 11 [2006], according to HRW, authorities executed Majid Segound and Masoud Naghi Biranvand, both of whom were age 17 at the time of their execution."

Document(s): Open document

06.03.2007 - Source: US Department of State

New guidelines for minor offenders issued ("Country Report on Human Rights Practices 2006") [ID 19424]

"In September 2005 [Judiciary Chief] Shahrudi issued new sentencing guidelines under which minor offenders would be fined and receive punishments other than imprisonment. This change was reportedly due in part to prison overcrowding; it is not known whether the change was implemented. According to HRW most prisoners were eligible for release after serving half of their sentences."

Document(s): Open document

06.03.2007 - Source: US Department of State

According to the civil code, persons under 18 years may be prosecuted for crimes as adults ("Country Report on Human Rights Practices 2006") [ID 19590]

"According to the civil code, persons under 18 years of age may be prosecuted for crimes as adults, without special procedures, and may be imprisoned with adults. The age of criminal responsibility is set at 15 years for males and nine years for females. As a party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, the country is obligated not to execute persons for crimes committed when they were younger than 18."

Document(s): Open document

06.03.2007 - Source: US Department of State

Two men scheduled to be executed for crimes they committed before the age of 18; victims’ families can decide whether to seek blood money in lieu of the death penalty ("Country Report on Human Rights Practices 2006") [ID 19592]

"In September two men, Sina Paymard and Ali Alijan, were scheduled to be executed for crimes they committed before the age of 18; however, both received reprieves from the victims' families, who were permitted under law to seek blood money in lieu of the death penalty."

Document(s): Open document

06.03.2007 - Source: US Department of State

Despite a moratorium on death penalty for persons under 18, a man was executed for a crime he committed with 17; 30 juveniles on death row ("Country Report on Human Rights Practices 2006") [ID 19593]

"In January 2005 government officials told the UN Committee on the Rights of the Child that for many years there had been a moratorium on the death penalty for persons under 18. During the same month, according to credible reports, a man was executed for a crime committed when he was 17. According to an HRW report, during the year 30 juveniles were on death row."

Document(s): Open document

06.03.2007 - Source: US Department of State

Government efforts to promote the welfare for children in education and health care ("Country Report on Human Rights Practices 2006") [ID 21099]

"There was little current information available to assess government efforts to promote the welfare of children. Except in isolated areas of the country, children had free education through the 12th grade (compulsory to age 11) and to some form of health care. Health care generally was regarded as affordable and comprehensive with competent physicians.[...]"

Document(s): Open document

06.03.2007 - Source: US Department of State

Only few Iranian cities have youth prisons; according to IRIN there were 300 boys and 40 girls at Tehran youth prison with the average age of 14 ("Country Report on Human Rights Practices 2006") [ID 21102]

"In July 2005 UNICEF held a workshop in Tehran to explore alternatives to imprisoning youths, according to UN Integrated Regional Information Networks (IRIN) (see section 1.c.). Only a few cities had a youth prison, and minors were sometimes held with adult violent offenders (see section 1.c.).

According to IRIN there were 300 boys and 40 girls at the Tehran youth prison, with the average age of 14, but some were as young as age six.Children whose parents could not afford court fees were reportedly imprisoned for petty offenses including shoplifting, wearing make-up, or mixing with the opposite sex."

Document(s): Open document

06.03.2007 - Source: US Department of State

Child abuse is largely regarded as a private, family matter; nevertheless the health ministry has developed an action plan with UNICEF to fight child abuse ("Country Report on Human Rights Practices 2006") [ID 21103]

"There was little information available to reflect how the government dealt with child abuse, including child labor (see sections 6.c. and 6.d.). Abuse was largely regarded as a private, family matter. According to IRIN child sexual abuse was rarely reported.

Nonetheless, according to the government's January 2005 report on the rights of the child, the Health Ministry developed over the past few years an action plan with UNICEF to fight child abuse, including training Health Ministry officials on the rights of the child.

According to UNICEF it operated a hot line for children and their families in the city of Bam, which was akin to similar services that operated in other major cities. The services sometimes referred callers to a Ministry of Education counseling program.The government also set up hot lines for children in foster care to report abuse."

Document(s): Open document

06.03.2007 - Source: US Department of State

Early and forced marriages are not unusual in rural areas, often for economic reasons ("Country Report on Human Rights Practices 2006") [ID 21104]

"According to some reports, it is not unusual in rural areas for parents to have their children marry before they become teenagers, often for economic reasons. In 2002 the Majles sought marriage age limits of 15 for girls and 18 for boys without court approval, but the Council of Guardians objected, and the age was set at 13 for girls and 15 for boys. In the government's January 2005 report to the Committee on the Rights of the Child, it noted that early and forced marriages should be stopped."

Document(s): Open document

06.03.2007 - Source: US Department of State

Government representatives estimate the countrywide number of street children fewer than 60,000 ("Country Report on Human Rights Practices 2006") [ID 21105]

"There are reportedly significant numbers of children, particularly Afghan but also Iranian, working as street vendors in Tehran and other cities and not attending school. In January 2005 government representatives told the UN Committee on the Rights of the Child that there were fewer than 60,000 street children in the country. Tehran has reportedly opened several shelters for street children. The government's January 2005 report on the rights of the child claimed 7,000 street children had been resettled."

Document(s): Open document

23.05.2006 - Source: Amnesty International

Execution of at least eight people aged under 18 at the time of the crime ("Annual Report 2006") [ID 18898]

"At least 94 people were executed in 2005, including at least eight aged under 18 at the time of the crime. Scores more were reported to have been sentenced to death, including at least 11 who were under 18 at the time of the offence. The true figures were probably much higher. Death sentences continued to be imposed for vaguely worded offences such as “corruption on earth”. [...]

In January, the UN Committee on the Rights of the Child urged Iran to suspend immediately the execution of people aged under 18 at the time of the crime, and to abolish the death penalty for people who commit crimes before they are 18. Despite Iran’s statement that there was a moratorium on the use of the death penalty against juvenile offenders, Iman Farrokhi was executed on the very day that Iran’s report was considered by the Committee. He was 17 when he allegedly killed a soldier in a fight.

Following domestic and international protests, the death sentences of some women and of men aged under 18 at the time of their alleged offence were suspended or lifted."

Document(s): Open document

08.03.2006 - Source: US Department of State

Prosecution of persons under 18 years ("Country Report on Human Rights Practices 2005") [#46058][ID 18487]

"According to the civil code, persons under 18 years of age may be prosecuted for crimes as adults, without special procedures, and may be imprisoned with adults. The age of criminal responsibility is set at 15 years for males and 9 years for females. As a party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, the country is obligated not to execute persons for crimes committed when they were younger than 18.

In January government officials told the UN Committee on the Rights of the Child that for many years there had been a moratorium in place on the death penalty for minors under 18. The same day, however, a man was executed for a crime committed when he was 17, and credible reports corroborated such action. AI cited a domestic press report that at least 30 minors sentenced to death were detained in juvenile detention centers in Tehran and Rajai'i Shahr. It was widely reported in the press that 2 teenage boys were hanged in public on July 19 in Mashhad, charged with raping a 13-year-old boy. Their ages differed in press reports, but apparently at least one was a minor at the time of the offense. In this case, some international observers claimed the two were executed for homosexual behavior; however, it was not possible to verify this allegation [see section 5 of the Country Report on Human Rights Practices 2005].

In October 2004 20 local human rights groups called on the judiciary not to sentence minors to death. Nobel Peace Prize laureate Shirin Ebadi called for a demonstration, but the authorities denied the request. During the year the UNGA adopted a resolution denouncing the country's practice of executing minors, and the UN Committee on the Rights of the Child urged the country to suspend execution of juvenile offenders."

Document(s): Open document

24.08.2005 - Source: Amnesty International

16-year-old student and 17-year-old musician are at risk of imminent execution for murder ("Iran - UA 220/05") [#35914][ID 8961]

Document(s): Open document

11.08.2005 - Source: World Organisation Against Torture

Despite prohibition of article 37 of UN Convention on the Rights of the Child to which Iran is state party, number of juveniles have recently received death sentences ("End child death penalty in Iran") [#36274][ID 8962]

Document(s): Open document

27.07.2005 - Source: Human Rights Watch

2 youths executed after they were found guilty of sexually assaulting 13-year-old boy; at least 30 juvenile offenders are on death row ("End Juvenile Executions") [#34533][ID 8963]

Document(s): Open document

22.07.2005 - Source: Amnesty International

Mashhad, Poldokhtar: 3 persons executed for crimes committed when they were children (under 18) ("Iran continues to execute minors and juvenile offenders") [#34404][ID 8964]

Document(s): Open document

04.2005 - Source: UK Home Office

Death penalty ("Country Report - April 2005") [#31980][ID 8965]

"[...]On 28 September 2003 it was announced that the Judiciary had drafted a bill, to be presented to Majlis, raising the minimum age for capital punishment from 15 to18 and excluding children under 12 from all punishment and excluding under 18s from being able to receive jail terms or lashes. [18b] However, according to an AI report on 23 August 2004, "The execution of a girl who was believed to be 16 years old, Ateqeh Rajabi, in Neka in the northern Iranian province of Mazandaran, on 15 August, for "acts incompatible with chastity" (amal-e manafe-ye ‘ofat). Ateqeh Rajabi was reportedly publicly hanged on a street in the city centre of Neka. Amnesty International was alarmed that this execution was carried out despite reports that Ateqeh Rajabi was not believed to be mentally competent, and that she reportedly did not have access to a lawyer at any stage". [9ah] The Bill to raise the minimum age for execution to 18 was reportedly under consideration by parliament in December 2003. However, the Bill is not believed to have been ratified by the Guardian Council, Iran’s highest legislative body. [9ah] In January 2005 AI stated that, "Iran is already a party to international conventions that prohibit child executions, and for the last three years Iranian authorities have been considering legislation that would prohibit the use of the death penalty for offences committed by persons under the age of 18. It is time for Iran to make good on its international promises and stop child executions". [9ai]
5.38 The number of executions recorded by Amnesty International in Iran until June 2001 was 44, [3c] and is recorded as having reached 139 by year's end, although the true figure may be much higher. [9n] According to a written statement submitted by France Liberté, a NGO, to the UN Commission on Human Rights the number of announced executions since the beginning of 2002 - in six months - amounted to 200, indicating a 50 percent rise compared with the same period in 2001. [10s] By February 2003 Amnesty International had recorded a total of at least 111 executions in Iran [9r] and by 28 May 2003, when the Annual Report for 2003 was published, they reported that at least 113 people, including six women, had been executed, many in public. At least two people were reportedly executed by stoning and at least one execution was broadcast on television. [9z] Late last year (2002) the head of the Supreme Administrative court announced a moratorium on the practice of stoning. [21ay] As in previous years, there was a surge in public executions and floggings between July and September. At least 84 people were flogged. The true numbers of executions and floggings may have been considerably higher. Political organizations, for example, reported that 450 people were executed in 2002. [9z](pg3) Amnesty International, in their death sentences and executions statistics for 2003 give a figure of at least 108 executions, [9ad] and for 2004 at least 159. [9aj] [...]"

Document(s): Open document

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

Child exectutions ("Civil and political rights [E/CN.4/2005/NGO/310]") [#30293][ID 8966]

"[...]As a State party to the International Convention on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), Iran has undertaken not to execute anyone for an offence committed when they were under the age of 18. Nevertheless, as documented by Amnesty International, Iran has executed at least 159 people last year, including three child offenders. Amnesty International has recorded ten executions of child offenders in Iran since 1990, including Atefeh Rajabi, reportedly aged 16, who was hanged after a grossly unfair trial where doubts regarding her mental state appeared to have been ignored.
In January 2005, the United Nations Committee on the Rights of the Child urged Iran to immediately suspend the execution of all death penalties imposed on persons for having committed a crime before the age of 18, and to abolish the death penalty as a sentence imposed on persons for having committed crimes before the age of 18, as required by article 37 of the Convention. It also deplored the fact that such executions continue — including one such execution on the day of the examination of the current report. UN Watch joins Amnesty International’s call for Iran to stop executing child offenders and abide by the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Rights of the Child (CRC) to which it is a state party; and urges the Iranian authorities to take immediate steps to halt and abolish the imposition of the death penalty for crimes committed by persons under 18.[...]"

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 8967]

"[...]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.[...]
25 minors have been condemned to death in 2004, and at least two of them were executed, a girl of 16 years old, and a boy who was executed when he reached 18 years old. At the end of October, a Justice department spokesperson said that a bill would be presented in Parliament abolishing the death penalty and lashing for offenders who were below 18 years old when they committed the crime. However, the Bill has not been adopted yet. In contradiction with those stated intentions, in November 2004 the permit to hold a meeting in Tehran against the capital punishment for juveniles was denied by the Ministry for Foreign Affairs.[...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Execution & mistreatment of children ("Country Report on Human Rights Practices 2004") [#29525][ID 8969]

"[...]Amnesty International (AI) reported at least nine cases of amputation since 2002 and four cases of execution of children. [...]
In mid-September, the Public Relations head of Hamedan Province's Department of Prisons announced that the fingers of a robber were cut off on the order of the public prosecutor's office. In mid-October, an Ahvaz judge upheld the sentence to amputate a young man's right hand, with the sentence subsequently implemented. On November 11, in Sanandaj, a 14-year-old Kurdish boy died after having received 85 lashes based on a judge's ruling finding him guilty of breaking his fast during the month of Ramadan. [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Child marriage & child custody in case of divorce ("Country Report on Human Rights Practices 2004") [#29525][ID 8970]

"[...]Although the law permits it, marriage at the minimum age of 9 was rare. In mid-2002, authorities approved a law that requires court approval for the marriage of girls below the age of 13 and boys younger than 15. Although a male can marry at age 15 and above without parental consent, the 1991 Civil Law states that a virgin female, even over 18 years of age, needs the consent of her father or grandfather to wed, unless she is willing to go to court to get a ruling allowing her to marry without this consent. The country's Islamic law permits a man to have up to four wives. The law also allowed for the practice of temporary marriages based on a Shi'a custom in which a woman or a girl may become the wife of a married or single Muslim male after a simple and brief religious ceremony. The temporary marriage may last any length of time. According to Shi'a Islamic law, men may have as many temporary wives as they wish. Such wives are not granted rights associated with traditional marriage. [...]

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. 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 is proven unfit to care for the child. In November 2003, the Government amended the existing child custody law, which in the case of divorce gave a mother custody of a son up to 2 years of age and a daughter up to age 7 years, with custody reverting to the father thereafter. The new law gives a mother preference in custody for children up to 7 years of age; thereafter, the father has custody. After the age of 7 years, in disputed cases, custody of the child is to be determined by the court, taking into consideration the well being of the child. [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Protection of children ("Country Report on Human Rights Practices 2004") [#29525][ID 8971]

"[...]There is little current information available to assess Government efforts to promote the welfare of children. Except in isolated areas of the country, children had access to free education through the 12th grade (compulsory to age 11) and to some form of health care. Health care generally is regarded as affordable and comprehensive with competent physicians. In December 2003, the Government enacted the Law on Protection of Children and Youth. This law prohibited abuse or harassment of children or youth in any manner and outlawed buying, selling, exploiting, or employing children to engage in illegal acts such as smuggling. There was not enough information available to reflect how the Government dealt with child abuse (see Sections 6.c. and 6.d.). [...]"

Document(s): Open document

28.02.2005 - Source: US Department of State

Prohibition of Child Labor and Minimum Age for Employment ("Country Report on Human Rights Practices 2004") [#29525][ID 8972]

"[...]The law prohibits forced and bonded labor by children; however, there appears to be a serious problem with child labor (see Section 5). The Labor Law prohibits employment of minors less than 15 years of age and places restrictions on the employment of minors under age 18; however, laws pertaining to child labor were not enforced adequately. The law permits children to work in agriculture, domestic service, and some small businesses. The law prohibits the employment of women and minors in hard labor or night work. Information regarding the extent to which these regulations were enforced was not available. [...]"

Document(s): Open document

14.02.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Written statement by the Organization for Defending Victims of Violence (ODVV) on systematic human rights violations by the governments ("Question of the violation of human rights and fundamental freedoms in any part of the world [E/CN.4/2005/NGO/68]") [#30288][ID 8968]

"[...]Efforts by Iran’s judiciary to curtail freedom of expression and association are now increasingly encroaching on human rights defenders and civil society activists. Reports of Internet journalists and civil society activists arbitrarily arrested in recent months mark an alarming rise in human rights violations in Iran. Mindful that the Islamic republic of Iran is a party to the International covenant on civil and political rights, The ODVV calls upon the government of Islamic republic of Iran to abide by its obligations freely under the International Covenants on Human rights and other international Human rights instruments, including provisions relating to freedom of opinion and expression . The execution of Atefeh Rajabi is the tenth execution of a child offender in Iran recorded by Amnesty International since 1990. A bill to raise the minimum age for execution to 18 was reportedly under consideration by parliament in December 2003 and another one in recent months. Mindful that the Islamic Republic of Iran is a party to the Human rights covenants and convention on the rights of the child; The ODVV calls upon the government of the Islamic Republic of Iran to comply with its obligations under article 37 of convention on the rights of the child and article 6 of the international covenant on civil and political rights not to impose the sentence of death for offences committed by persons below eighteen years age.[...]"

Document(s): Open document

19.01.2005 - Source: Amnesty International

16-year-old student may be at risk of imminent execution for the murder of another student in his high school, which took place between mid-January and mid-February 2003 ("Iran - UA 14/05") [#28345][ID 8973]

Document(s): Open document

24.12.2004 - Source: Amnesty International

Girl with mental age of 8, sentenced to death for "morality-related" offences after being forced into prostitution by her mother as a child; 17-year-old girl and boy sentenced to death by stoning for the act of adultery ("Lives in the balance: an open appeal to Iran’s judicial authorities") [#27872][ID 8974]

Document(s): Open document

19.11.2004 - Source: Amnesty International

Teheran: 9 juveniles reportedly have been sentenced to death; they are at risk of imminent execution ("Iran - UA 315/04") [#27286][ID 8975]

Document(s): Open document

06.09.2004 - Source: Amnesty International

16 year old Afghan national reportedly sentenced to death by a juvenile court in Karaz; while in detention he confessed to transporting morphine but the cirumstances of the confessions remain unknown ("Iran - UA 262/04") [#25400][ID 8976]

Document(s): Open document

03.09.2004 - Source: Amnesty International

Amnesty International and medical experts from 7 countries have sent an open letter to the heads of government in China, Pakistan, the DR Congo, the Philippines, Iran, Sudan and the USA urging them to stop using the death penalty against children ("World: International medical experts urge an end to child executions") [#25321][ID 8977]

Document(s): Open document

31.05.2004 - Source: Integrated Regional Information Network

According to the government, there are about 20,000 street children in the country/ high extent of child labour reported ("Focus on child labour") [#22753][ID 8978]

Document(s): Open document

11.01.2003 - Source: Radio Free Europe/Radio Liberty

Teenage boy sentenced to death by a Tehran court for repeated drinking of alcohol ("Iran: Teenager Sentenced To Death For Drinking") [#10640][ID 8979]

Document(s): Open document

10.2002 - Source: UK Home Office

UK Home Office: Education, employment, recruitment of minors ("Country Assessment - October 2002") [#9556][ID 8980]

"5.147. Education is officially compulsory for five years, between 6 and 10 years of age, but this entitlement has not been fully implemented in rural areas. Secondary education from the age of 11 lasts for up to seven years, in blocks of three and four years. 15 of the 36 universities are in Teheran.

5.148. The law prohibits employment of minors under 15 years of age and places special restrictions the employment of minors under the age of 18. The law permits children to work in agriculture, domestic service and some small businesses, but minors may not normally be employed in night work or hard labour. Most children have access to some form of health care. There is no known pattern of child abuse.

5.149. There are indications of under 18s in Government armed forces as the voluntary recruitment age is sixteen. There are also reportedly extensive child involvement in paramilitary organisations. Child soldiers, some as young as nine were used during the Iran - Iraq war of 1980 -1988.

5.150. At a meeting of the United Nations General Assembly on Children on 10 May 2002 Dr. Kamal Kharrazi, Minister for Foreign Affairs, stated that the Iranian Parliament had been active in the promulgation of necessary legislation with the view to improving conditions for children and youth throughout the country. A new bill had been initiated in Parliament, which focused on child growth, protection and development. The aim of the bill is to tackle major causes of social and family problems that children may be subjected to. As of 29 August 2002 the Bill had not yet been ratified by the Guardian Council. It is also noteworthy to mention that the International Labour Organisation (ILO) Convention of 1999 on the Worst Forms of Child Labor has recently been adopted by the Parliament and Iran has therefore become a party thereto."

Document(s): Open document

16.01.2002 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Positive developments in the area of juvenile justice ("Report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights, Mr. Maurice Danby Copithorne, pursuant to Commission resolution 2001/17 (E/CN.4/2002/42)") [#5732][ID 8982]

"96. In his previous report to the Commission (E/CN.4/2001/39, paras. 108-116), the Special
Representative devoted a section to the rights of the child and reported on the recommendations
made by the Committee on the Rights of the Child (see CRC/C/15/Add.123) after its
examination of the initial report of Iran in May 2000.
97. There continue to be positive developments in the area of juvenile justice. The Special
Representative is informed that a committee was established in February 2001 to draft a new
juvenile justice legislation. Over the past two years, all juvenile judges have been given training
on the Convention on the Rights of the Child and on the relevant international instruments on
juvenile justice. Social workers from the National Prisons Organization have participated in
such courses. There are now examples of alternative sentences being issued by juvenile judges
in some provinces.
98. The Special Representative would note that there reportedly remain on the books two
invidious provisions concerning children and the criminal law. One sets the age of penal
responsibility at the age of puberty, 9 years for girls and 15 years for boys, which means that
young people can face adult punishments. The second is that an adult who kills a minor is
subject to the death penalty unless the accused is the father or grandfather of the victim, in which
case the accused is subject only to the payment of diyah. The Special Representative trusts that
the promised new Juvenile Justice Act will amend both of these provisions.
99. According to Iranian press reports, a representative of the State Welfare Organization
stated in November 2001 that “one hundred and fifty children end up in Iranian courts every day
for being harassed by their families”. According to the same report, statistics would seem to
indicate that child harassment is on the rise in the country. It is reported that the drafting of a
Child Protection Act is under way. This follows the recent submission to the Majilis by the State
Welfare Organization of a plan for the protection of abused children. The Special Representative
welcomes these measures, which he deems urgent.
100. There continue to be reports of important numbers of Iranian children working illegally
in workshops and factories. In October 2001, the Majilis adopted a law which calls for the
punishment of those who violate the provisions of the Convention concerning the Prohibition
and Immediate Action for the Elimination of the Worst forms of Child Labour (ILO No. 182).
The law has now been approved by the Guardian Council."

Document(s): sr-irn-0102.pdf
Open document

11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

ACCORD: The question of custody of children ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661][ID 8983]

"UNHCR is faced with many cases that invoke the loss of custody to the family of the
husband or to the husband following death of the husband or divorce. Normally upon
divorce or death of the father custody goes to the mother. Art. 1169 of the Civil Code
specifies that "the mother shall have a preferential right to the custody of her child in the
first two years of the child’s life, after which the father shall have the custody unless the
child is a girl in which case she will remain under the mother’s custody until she reaches
the age of 7."
A landmark case in 1998 was the case of Aryan Golshani, an 8-year-old boy who died
due to severe beatings and malnutrition at the hands of his stepmother. Following
divorce, despite the fact that the mother had been given custody of the then 6-year-old
child she did not succeed in getting the child as the father opposed the mother’s claim
to custody. Following the very publicized death of the child, an emotional public debate
enfolded with regard to custody laws in the country.
In 1998, the Majles has agreed to add five paragraphs to this article in which exceptions
to the automatic custody right of the father are enumerated such as addiction, sickness
and violence. However, a leading women’s rights lawyer described this as propaganda
and said that in her opinion a woman still had a very small chance of obtaining custody
of minor children as the main article granting preferential custody to the father was still
valid.
Under normal circumstances one should note that a distinction is made between
custody and guardianship. For example, while custody of very young children is with the
mother, guardianship remains with the father and therefore mothers cannot travel
outside of Iran without the permission of the father of the child even if the child is
technically in custody of the mother.
There are no specific provisions relating to the departure of a mother with minor
children from the country without the consent of the father. Based on the Law on
Passports, authorization in writing of the Guardian (according to the Civil Code the
father or paternal grandfather), is necessary for issuance of a passport for a minor or
inclusion of a minor’s name in a relative’s passport. Therefore if a woman has managed
to obtain travel documents for her minor children, she has probably resorted to an illegal
act based on which she can be sentenced upon return. For example she may have
forged her husband’s authorization and submitted it to the Passport Bureau and could
therefore be sentenced to imprisonment from two months to up to two years."

Document(s): cois2001-irn.pdf