What reforms and measures will the Iranian Government undertake to address gender-based discrimination in the current Iranian Civil Code?
DENMARK
LIECHTENSTEIN
In 1993 the UN Human Rights Committee emphasized, in its consideration of the second periodic report of the Islamic Republic of Iran under the International Covenant on Civil and Political Rights, that recognition of a religion as a State religion should not result in any impairment of the enjoyment of any of the rights under the Covenant nor in any discrimination against adherents of other religions or non-believers, since the right to freedom of religion and belief and the prohibition of discrimination do not depend on the recognition as an official religion or belief. Measures restricting eligibility for government service to members of the predominant religion, or giving economic privileges to such persons, or imposing special restrictions on the practice of other faiths, are incompatible with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under the Covenant. In 2000 the UN Committee on the Rights of the Child (CRC), in its concluding observations on Iran’s initial report under the United Nations Convention on the Rights of the Child, expressed particular concern at the situation of members of non-recognized religions, including the Bahá’is, who experience discrimination in areas of, inter alia, education, employment, travel, housing and the enjoyment of cultural activities.
• The CRC recommended that Iran take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields
of civil, economic, political, social and cultural life. The Committee also recommended that the Islamic Republic of Iran make every effort to enact or rescind, where necessary, legislation to prohibit any such discrimination, and take all appropriate measures, including public education campaigns, to combat intolerance on the grounds of religion or other belief.
• What measures has the Islamic Republic of Iran taken to address these concerns and to follow up on these recommendations?
• The UN Secretary-General noted that gender-based violence in the Islamic Republic of Iran is widespread. The Special Rapporteur on violence against women, its causes and consequences highlighted in her report that this is rarely acknowledged as a serious problem by the Iranian authorities. She noted self-immolation cases linked to lack of legal protection for women victims of violence, lack of shelters, difficulty in obtaining divorce, child custody laws favouring the father and pervasive gender discrimination.
• In November 2007, the Special Rapporteur on violence against women sent a communication to the Iranian authorities regarding the family protection draft bill, allegedly reversing rights currently enjoyed by women, and reinforcing the unequal legal power of men within the family. In 2006, the Special Rapporteur had cited with concern numerous reports of women on death row, noting there were 397 women in Evin Prison, 200 of whom were sentenced for "moral crimes. In 2008, three Special Rapporteurs sent a communication regarding eight women and a man sentenced to death by stoning for adultery. In 2009, a communication was sent regarding several other such cases.
• The Special Rapporteur on violence against women recommended, inter alia, special programmes for minority women who suffer multiple discrimination; and ensuring women’s equal rights in entering marriage, during marriage and its dissolution. She also recommended that the Iranian Government enhance women’s access to justice; prioritize the elimination of violence against women as a public policy issue to prevent, investigate and punish all such acts; and promote and support the empowerment of women. In addition, the Special Rapporteur recommended ensuring that punishments do not discriminate against women and are proportionate to the offence; instituting proper investigation procedures for rape cases; ensuring victims are not subject to prosecution for adultery where unable to prove rape; and abolishing requirements that women present eyewitnesses to prove violence
• What measures has the Islamic Republic of Iran taken to address these concerns and to follow up on these recommendations?
LITHUANIA
Lithuania would like to ask if the Government of Iran has plans to improve the existing situation regarding the religious freedoms in the country.
UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND
Could you please elaborate further on the role civil society played in the preparation of your national report for this process, and also what the Government is doing to ensure the many NGOs in Iran enjoy the right to operate freely and without impediment?
• We welcome Iran’s restatement of the constitutional rights of: recourse to the courts; right to choose legal council; presumption of innocence; respect for the dignity of arrested persons; and prohibition of torture. However, there is ongoing concern surrounding the treatment of detainees and the access of Iranian citizens to legal due process. Could you please elaborate further on what steps the Government is taking to ensure detainees are guaranteed the right to due process, and what steps are being taken to put an end to impunity and bring the perpetrators of human rights violations to justice?
• We note that violation of Arts 32(), 38() and 39() of the Constitution is liable to punishment. Does the Government agree that it is appropriate to categorise torture as a criminal offence within the Penal Code?
• Could you please clarify the Government’s position on and commitment to Freedom of Expression? Could you please elaborate on how the Government intends to fulfil its international obligations and constitutional commitment to the Iranian people by clarifying the broadly defined exceptions to constitutionally guaranteed rights of expression, assembly and association and how these exceptions comply with international law as defined by the ICCPR?
• Could you please clarify Iran’s position on the death penalty: in particular the use of especially inhumane techniques such as stoning; and plans to widen the scope of penal code to include a mandatory death penalty for conversion from Islam? Could you please also clarify what the Government is doing to abolish
the death penalty for those under-18 in line with its obligations under the Convention on the Rights of the Child?
• Given the rich and diverse nature of Iranian society, it is disappointing that Iran’s many religious, ethnic and linguistic minorities face discrimination and inequality. Could you please elaborate on what steps the Government is taking to end discrimination and ensure that all religious and ethnic minorities are able to enjoy the human rights to which they are entitled?
• The UK welcomes Iran’s stated recognition that human rights are an important, substantive, long-term and genuine matter. Could you please elaborate on plans to continue the important work undertaken to date to implement capacity-building programs for the promotion of human rights and greater access to justice in co-operation with the United Nations Development Programme from 2005-2009?
• Could you please elaborate on the existence of a national human rights institution, in accordance with the Paris principles?
CZECH REPUBLIC
GERMANY
In protests after the 2009 presidential elections, six special procedures mandate holders noted that at least 20 people were killed and hundreds seriously injured in clashes with security forces who allegedly used live ammunition and rubber bullets (A/HRC/WG.6/7/IRN/2, Page6). Germany would like to know whether independent investigations into these cases of excessive force have been carried out and those responsible have been held accountable ?
• The Compilation that the OHCHR provided for this review states: " During the period under review, 211 communications were sent, some jointly by a number of special procedures mandate holders. Issues raised included cases of men and women, intellectuals, students, artists, human rights defenders and activists, lawyers, religious or ethnic minorities, unionists, journalists, detained and arrested, in most cases, by the Ministry of Intelligence. Communications indicated that the great majority were taken to undisclosed locations, some for interrogation, and later transferred to places of detention where they were held incommunicado for long periods, facilitating perpetration of torture. Detainees were denied medical treatment, and sentenced on grounds like endangering national security, acting to disturb internal state security by establishing links with hostile opposition groups and foreign countries, and publication of these. Sentences included, inter alia, several years of detention, physical punishment, financial sanctions and capital punishment."( A/HRC/WG.6/7/IRN/2, Art 31) Unquote Germany would be interested to know, how the Government of Iran has reacted to the concerns addressed to it by UN Special Procedures?
• The Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery. CRC echoed concerns over trafficking facilitated by temporary marriages or siqeh - which last from 1 hour to 99 years. In 2009, the ILO Committee of Experts requested Iran to ensure that children under 18, particularly young girls, are prevented from engaging in trafficking for commercial sexual and labour exploitation. (A/HRC/WG.6/7/IRN/2 Page 8)Germany would be interested to receive information about the measueres undertaken to stop these appaling practises.
• The HR Committee emphasized that recognition of a State religion should not result in impairment of rights nor in discrimination against adherents of other religions or non-believers. The CRC noted that members of unrecognized religions continued to be discriminated against. It was concerned at reports that they, particularly the Bahai-s, are subjected to harassment, intimidation and imprisonment (A/HRC/WG.6/7/IRN/2, Page 9) .Germany remains deeply
concerned about the lack of freedom of religion in Iran and asks the Government of the Islamic Republic of Iran in which way it has reacted to concernes expressed in the same regard by UN Bodies?
JAPAN
Japan understands that Islamic Republic of Iran is considering accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and The Convention on the Elimination of All Forms of Discrimination against Women(A/HRC/WG.6/7/IRN/1, para 74). As far as we understand, relevant domestic laws were passed by the Iranian Parliament (Majlis) in 2003, but the Guardian Council still has been examining whether to ratify the above Conventions. Japan would like to know the background and reasons for not having being able to do so and prospects for accession.
• We note that the Constitution of the Islamic Republic of Iran clearly stipulates fundamental human rights principles, including freedom of expression and peaceful assemblies (A/HRC/WG.6/7/IRN/1, para 6). However, we are concerned about reports that mention the repression of criticizing the authorities or calling for reform in the press (A/HRC/WG.6/7/IRN/2, Para 51). There are also some reports that freedom of expression and political activities have been restricted, including suspension of publication, blocking of websites, arrest and detention of opposition members and students, in particular, following the series of cases after the Presidential election on 12 June. We would like to obtain information from the Iranian authorities in this regard.
• The new laws on Islamic Penal code are on the
Majlis approval process (A/HRC/WG.6/7/IRN/1, para 11). We would like to know the major improvement in the new laws, especially whether the new laws include prohibition of death penalty for juveniles, stoning and public execution.
NORWAY
How has the Islamic Republic of Iran involved the civil society organisations in the elaboration of the national report and why has a number of NGOs been excluded?
• The Centre for Human Rights Defenders has been closed by the Iranian Authorities since December 2008, and several of its members have been subject to arrests and intimidations. What will Iran do to improve the conditions for Human rights Defenders in Iran?
• The Iranian Constitution guarantees the right to freedom of speech, association and assembly through articles 23 to 28. However, both regulations in the Constitution, national legislation and practise limit citizens’ right to freedom of expression, association and assembly. How can Iran ensure the right to freedom of speech, association and assembly for its citizens?
• Iran has repeatedly protested against the disproportional and excessive use of force against the civilian population in different conflicts around the world. How does the Iranian government explain the disproportional and excessive use of force displayed by Iranian police and governmental sponsored militia against the Iranian civilian population during the unrest following the June 2009 Presidential Elections?
• Following the unrest in Iran in 2009 there have surfaced numerous accounts of extreme sexual violence towards detainees, both men and women. What is the Iranian Government doing to protect its citizens against sexual abuse while in the authorities’ custody and to prosecute the perpetrators and persons responsible for such crimes?
• In Iran, a number of rights for women such as the right to education, employment and free movement are conditional of their husband’s approval. Women’s access to divorce is also limited, while men have free access to divorce. Which steps is Iran taking to ensure equal rights for men and women in line with its obligations according to ICCPR and ICESCR?
• Norway has taken note of annex V to the national report where it is stated that close to 60 % of University admissions are engaged by young girls and women. However, approximately 1/3 of Iranian women in employable age are unemployed, while the general unemployment rate by the end of 2009 was 12, 8%. What is the Iranian Government doing to ensure equal access to employment for women as for men?
• Norway has also taken note of Iran’s voluntary pledge and commitment to consider accession to the convention on the elimination of all forms of discrimination against women (CEDAW), the convention against torture and other cruel, inhuman or degrading treatment and punishment (CAT) and the optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography (OP-CRC-SC). Norway welcomes Iran’s accession to OP-CRC-SC. Which concrete steps has been taken in relation to the accession of CEDAW and CAT?
• Despite the moratorium on stoning given by the Head of Judiciary in 2002, and the following request from the same in 2008 to the country’s courts, there has been handed down several new sentences of stoning the last years and at least three persons was executed by this method only in 2008-2009. Does Iran have any plans to abolish this cruel and inhuman punishment?
• Iran has as a signatory state to the ICCPR committed itself to impose the death penalty only for the most serious crimes. Can the Iranian government explain why it considers adultery as a serious crime?
• Which steps will Iran take to publish national statistics on death sentences imposed and executions carried out?
• Norway takes note of annex VI to the national report where Iran states that religious minorities are absolute free to practise their religious rites and
customs. Further, Norway notes that Iran defines religious minorities as Jews, Christians and Zoroastrians. In the light of the much wider definition of religion that follows ICCPR art 18, may Iran explain on which grounds it has limited the definition of religious minorities? How can Iran ensure that also other religious minorities can enjoy religious freedom?
• In the concluding observations of the 1610th meeting of the Committee on the Elimination of Racial Discrimination, CERD observed that certain provisions of the Iranian legislation appeared to be discriminatory on both ethnic and religious grounds, and that certain minorities, including the Bahá’ís, faced discrimination and was deprived of certain rights. The committee recommended that the Iranian government ensured that all persons enjoy their right to freedom of thought, conscience and religion, without any discrimination based on race, colour, descent or national or ethnic origin, and that Iran permit students of different origins to register in universities without being compelled to state their religion. Which concrete steps has been taken to comply with the committee’s recommendation?
• In conflict with both the Convention on the Rights of the child and the International Covenant on Civil and Political Rights, Iran is one of very few countries in the world who still execute juvenile offenders. Most of these executions take place in cases of qesas (retribution according to sharia). According to our knowledge, the Iranian Parliament is working on a new Juvenile Justice Bill. Which specific measures is Iran planning to implement in this bill to avoid that juvenile offenders in the future will be condemned to qesas?
POLAND
What steps have been taken by the Government of the Islamic Republic of Iran to conduct an independent investigation regarding the protests after the 2009 presidential elections, during which at least 20 people were killed and hundreds seriously injured in clashes with security forces?
• How does the Government of the Islamic Republic of Iran guarantee in practice an access to legal representation of those detained in connection with demonstrations after the 2009 presidential elections?
• What measures has the Government of the Islamic Republic of Iran taken to implement the recommendation of the Human Rights Committee to bring its legislation and practice in line with requirements of the article 18 of the ICCPR?
• Does the Islamic Republic of Iran consider to establish an independent National Human Rights Institution in full compliance with the Paris Principles?
Will Iran ensure that all allegations of torture or other ill-treatment are investigated promptly, thoroughly and impartially and those responsible brought to justice. When will Iran take steps to end cruel, inhuman or degrading punishments such as stoning, flogging, amputation and other corporal punishment imposed as retribution? What is the reason Iran is not a party to UNCAT, and when will it take steps to do so? Does Iran intend to invite the Special Rapporteur on Torture and accommodate other outstanding visit requests?
• Which measures will the Iranian Government take to further prevent threats and systematic intimidation and discrimination against members of religious minorities?
• What steps is the Islamic Republic of Iran willing to take to ensure that trials held in special courts, including Revolutionary Courts, do not violate the international standards for fair trials?
• What reforms and measures will the Iranian Government undertake to address gender-based discrimination in the current Iranian Civil Code?
Source: Ostomaan
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