Iran

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.

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.
The Committee is further concerned that early pregnancies of girls below the age of 15 years have resulted in high rates of maternal and infant mortality. It is also concerned about the Bill on the Comprehensive Population and Family Excellence Plan, which places significant restrictions on accessing contraceptives and criminalizes abortion-related medical services. The Committee therefore recommends that the State party take all necessary measures to prevent early pregnancies by prohibiting child marriages and providing access to contraceptives and to safe abortion, and to post-abortion care services, throughout the country. It also recommends that the State party decriminalize abortions in all circumstances and ensure that the views of the pregnant girl are always heard and respected in abortion decisions.

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.
To improve the situation, the Committee urges the State party to set up a comprehensive strategy for the inclusion of children with disabilities and collect data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities. Also, Iran should set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes and take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes.

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.

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.
The Committee urges the State party to prohibit the employment of children below the age of 18 years in hazardous conditions that jeopardize physical, mental or moral health and the safety of children and ensure that all forms of enterprises and workshops remain within the domain of labour regulations and are systematically monitored and controlled by labour inspectors for potential violations of the rights of child workers.

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 also urges Iran to ensure procedural guarantees to preserve the privacy of children in conflict with the law throughout the investigation and trial proceedings and ensure that the children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

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.
The Committee recommends that the State party take the necessary measures to ensure full respect for the right of children to freedom of expression, association and peaceful assembly, and that those rights not be subjected to undue and vague limitations but that restrictions to those rights comply with international standards. The Committee urges the State party to review its legislation in order to ensure that children under the age of 18 years are exempt from criminal responsibility for such content-based offences.

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