|Optional protocol||on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography|
|Violence||The Committee is seriously concerned that article 301 combined with article 612, of the Islamic Penal Code of 2013, provides for lighter punishment if a murder is committed by a father or paternal grandfather of the victim (“crimes committed in the name of so- called honour”). In such cases, judges have full discretion and can even decide to release the perpetrator without any punishment, paving the way for total impunity for killing one’s child.|
|Corporal punishment||Corporal Punishment is legal in the home, alternative care settings, some day care, schools and as a sentence for crime.|
|Overview of the child rights situation|
The Committee notes that the effects of the sanctions are reflected in the difficult economic and social situation prevailing in the country, which has had repercussions on children’s enjoyment of their rights, in particular in the socioeconomic field, and has impeded the full implementation of the Convention.
The report on the implementation of the UN Convention on the Rights of the Child in Iran criticizes the fact that children are only recognized as such until the age of 9 or 15 and are no longer protected by the convention after this age. A lot of information is also given about LBGT, but their situation in Iran is bad, because there is no acceptance for same-sex couples. The juvenile justice system is also strongly criticized, the committee "strongly urges the State party, as a matter of priority" to improve it, thus choosing a very strong formulation.
|Situation of intersexual and transsexual children||The Committee is concerned that lesbian, gay, bisexual, transgender and intersex (LGBTI) children continue to face discrimination because of their real or perceived sexual orientation or identity and that the same-sex sexual behaviour of adolescents above the current age of criminal responsibility is criminalized and punished with penalties ranging from flogging to the death penalty. The Committee is also concerned that LGBTI children have no access to information about gender identity or sexual orientation and that transgender persons are forced to undergo surgical treatment. It also urges the State party to take measures to provide LGBTI children with access to information on gender identity and sexual orientation. It urges the State party to put an end to forcible surgical treatment of transgender persons.|
|Female genital mutilation and reproductive rights|
The Committee expresses grave concern about the persistent discrimination against girls in the State party’s legislation, and in practice in many aspects of life. The Committee is also concerned that gender stereotypes and patriarchal values place severe limitations on girls’ enjoyment of their rights under the Convention.
|Racism, children belonging to a minority and indigenous children||The Committee is deeply concerned at the widespread discrimination against children from ethnic minorities, such as the Ahwazi Arab, Azerbaijani Turkish, Baloch and Kurdish minorities. It is particularly concerned about the reports of targeted arrests, detention, imprisonment, killing, torture and execution of members of such groups by law enforcement and judicial authorities. The Committee is also concerned that children of ethnic minority groups have no access to newspapers, books and journals in their native languages and that their art and culture is under severe pressure.The Committee recommends that the State party take active measures to officially recognize ethnic and linguistic minority groups and that it provide them with opportunities to learn, communicate and practise their language, art, culture and religion without any undue interference. It also urges the State party to ensure that reports of unlawful arrests, detention, imprisonments, killings, torture and executions targeted against members of minority groups, including children, are promptly investigated and the perpetrators are held accountable.|
|Situation of children with disabilities|
The Committee welcomes the information provided by the State party that it is in the process of including children with disabilities in mainstream schools and assessing the effects of its legislation in this regard. However, it regrets the lack of information on the extent of such inclusion and on measures taken to provide human, technical and financial support for the process. It also regrets the lack of information on the access of children with disabilities to health-care facilities and the support and assistance available to families with children with disabilities.
|Situation of asylum-seeking, refugee and migrant children||The Committee notes with appreciation that the State party is one of the largest refugee-hosting countries in the world, but regrets the lack of gender- and age- disaggregated statistics on its refugee population. The Committee is concerned that while the State party provides access to education and health for registered refugees, those without a valid registration (Amayesh card) face difficulties in accessing all services, including education, and refugee children are forced to pay school fees, while education is free for Iranian children. Further, children can easily be separated from their families in the process of deportation, with no opportunity for communication or for challenging the deportation. The Committee recommends that the State party systematically collect disaggregated data on its refugee and asylum-seeking children in order to be able to develop programmes and policies that respond to their needs, and ensure prompt registration of all its asylum-seeking and refugee children in order to provide them with access to all basic services, including health care and education for free. Iran should further ensure that unaccompanied asylum-seeking and refugee children are given guardianship, free legal assistance with immigration proceedings, and access to adequate shelter, food, health care and education. Furthermore, Iran should ensure that immigration proceedings involving children are decided on the basis of the best interests of the child, and prevent separation of families during the deportation process.|
|Free kindergarten||Not clear|
|Free primary and secondary school||No|
|Digital possibilities||The Committee is concerned about the widespread censorship of information, stipulated by laws regulating the press and the Internet, which undermines the right of children to access information. The Committee is also concerned that any information, including harmless information, can be restricted in the name of national security without justification. The Committee recommends that the State party review its laws and policies in order to provide children with age-appropriate information and that it take measures to ensure a reasonable balance between the threat to national security and freedom of expression.|
The Committee is concerned that insufficient investment has been made by the State party in the health clinics and other facilities in remote rural areas. The Committee recommends that the State party take measures to increase the allocation of public funds to improve the health situation of inhabitants of remote areas, focusing in particular on the health infrastructure.
|Relation to other countries|
|Impacts of climate change|
The Committee is concerned about the adverse environmental effects of the river diversion programme, sugar-cane farming and industrial pollution in Khuzestan province and about the negative impact that this has on the enjoyment by Ahwazi Arabs of their rights to an adequate standard of living and health. The Committee recommends that the State party take urgent steps to counter the impact of river diversions and industrial activity in Khuzestan on agriculture and human health, which includes environmental pollution and water shortages.
The Committee notes the information provided by the State party about the work of labour inspectors in the country, but is seriously concerned about the large number of children employed under hazardous conditions, such as in garbage collection, brick kilns and industrial workshops, without protective clothing and for very low pay. The Committee is particularly concerned about the 2003 law that exempts workshops with fewer than 10 employees from labour regulations, which increases the risks of economic exploitation of children.
|Situation of juvenile justice|
The Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee strongly urges the State party, as a matter of priority, to expeditiously implement the establishment of specialized juvenile courts and procedures with adequate human, technical and financial resources for all cases involving children, including those charged with the most serious crimes, designate specialized judges for children and ensure that such specialized judges receive appropriate education and training. Also, Iran should ensure the provision of qualified and independent legal aid to children in conflict with the law, if possible, by the choice of the child defendant, at an early stage of the procedure and throughout the legal proceedings, and ensure that detention is used as a last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it.
The Committee is concerned that a number of children have been killed or wounded due to landmines placed during the Iran-Iraq war, in Western Azerbaijan, Ilam, Kurdistan, Kermanshah and Khuzestan. Therefore, the Committee urges the State party to clear its entire territory from landmines and all remnants of the war as soon as possible, with the support of international organizations.
The Committee is further concerned at the reports that content-based offences such as “propaganda against the State” or “insulting Islam” are not clearly defined and interpreted, and can incur prison terms, flogging, and even death sentences, thus limiting the right of children to freedom of expression. It is also concerned about the broad interpretation of offences such as “membership in an illegal organization” and “participation in an illegal gathering” infringing the right of children to freedom of association and peaceful assembly.
|Additional Background||Concluding observations on the third and fourth periodic reports released on 14 March 2016.Iran has the following reservation on the UN Convention on the Rights of the Child: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."More information about education in Iran: https://wenr.wes.org/2017/02/education-in-iran|
Concluding observations on the third and fourth periodic reports released on 14 March 2016. Iran has the following reservation on the UN Convention on the Rights of the Child: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."
|Last Updated (date)||28th of February, 2022|