the vice presidency for Women & Family Affairs Isalmic Republic Of Iran

Main activities to end discrimination against women and girls





Sunday 24 December 2017 - 16:18

Introduction:

Discrimination against women is considered in any form a restriction, distinction or deprivation based on their gender. Definitely, discrimination against women deprives them o their human rights in total or in part.

On such a basis, the issue of combating discrimination against women and girls, in all the legislative and executive levels, has attracted the serious attention of relevant organizations and bodies of the Islamic Republic of Iran in the legislative, judicial and executive branches of power to provide the opportunity for human development and all-inclusive progress of the Iranian society.

Below, some of the main regulatory and executive activities to fight against discrimination against women and girls in the Islamic Republic of Iran have been described.

 

List of the most important activities in this respect include: 

  1. Regulatory measures to support women and girls against all types of discrimination
  2. Regulatory draft plans to support women and girls against all types of discrimination
  3. Executive measures to support women and girls against all types of discrimination

 

  1. Regulatory measures to support women and girls against all types of discrimination

Main Activities

  1. The Constitution of the Islamic Republic of Iran
  • Paragraph 9 of Article 3 of the Constitution of Iran emphasizes on the eradication of intentional discrimination and establishment of fair facilities for all the citizens including women to fight any type of discrimination.
  • Articles 19 and 20 of the Constitution of Iran underline equality of all before the law.
  • Paragraph 1 of Article 21 obliges the government of Iran to pave the necessary grounds for the improvement of the personality of women and the realization of their material and spiritual rights.
  • Paragraphs 2 and 4 of Article 21 of the Constitution of Iran have considered “very special and exceptional” attention to supporting mothers particularly during pregnancy and child-care as well as widows, elderly women and women without guardian.
  • Article 29 of the Constitution of Iran emphasizes on the enjoyment of all the Iranian citizens (including men and women) of the social security insurance when they are unemployed and retired or disabled and elderly.
  • Paragraph 2 of Article 43 of the Constitution of Iran obligates the government to provide the necessary conditions and facilities for the employment of all the citizens (including men and women) so that they find a decent job.    

 

  1. The Fifth National Development Plan Law of the Islamic Republic of Iran (2011-2015)
  • Article 227 of this law obligates the government to formulate the “national document of security for women and children in social relationships” to guarantee the security of women and children with the participation and contribution of all the relevant organizations including the Judiciary, the State Welfare Organization, the Ministry of Interior, the Islamic Republic of Iran Police, the Ministry of Health, Treatment and Medical Education as well as the Ministry of Cooperative, Labor and Social Welfare. One of the main principles of this national development plan document is to remove the obstacles on the way of the empowerment of women and girls.   
  • Article 230 of this law obligates the government to cooperate with all the relevant organizations and formulate the “comprehensive plan of the development of women and family affairs” with the goal of improving the status of women in various social arenas and realizing their rights in all sectors. This comprehensive plan includes the following principles:

- Reviewing related rules and regulations

- Preventing social disorders

- Development and re-organization of economic and living conditions with the priority of organizing household occupations for the women heading households and women with bad guardians

- social security

- leisure time for women

- improving women health

- empowerment of women-related non-governmental organizations

- development of international communications and revising the administrative structure of women and family organizations

 

  1. The 2025 Vision Document of the Islamic Republic of Iran

This document includes obligations for the government of Iran to fulfill by the end of 2025 to accelerate the all-inclusive development of the country in various sectors. One of the main principles of the 2025 Vision Document is to create equal opportunities and eradicate discrimination.

  1. The General Policies of the Sixth National Development Plan approved in 2015

The law of the General Policies of the Sixth National Development Plan approved in 2015 attaches great significance to the status of women and underlines the obligation of the government to strengthen the status of women in various social areas and enforce their legal rights in all the sectors.

  1. The General Policies of Population, approved in 2014

Providing proper facilities to women especially to mothers during pregnancy and breastfeeding as well as providing insurance coverage for the costs of delivery and the treatment of infertile men and women and strengthening relevant institutes and bodies which support women (Paragraph 3)

  • Empowering the system of social security, health, treatment and medical care services in line with improving the health of fertility in men and women and parenting (Paragraph 4)
  • Improving the life expectancy and health of citizens and providing healthy nutrition for the population and preventing social harms and disorders (Paragraph 6)
  • Creating the necessary conditions for improving the health of the elderly and home care services for them and propose necessary mechanisms to enjoy the experiences and capabilities of the elderly in proper areas (Paragraph 7)

 

  1. The General Policies of Family, approved in 2016

The general policies of family in its Article 13 stresses on providing legal, economic and cultural support for women heading households.

  1. The General Policies of the Administrative System, approved in 2000
  • Paragraph 2 of such policies refers to promoting justice in employing human resources and improving their services
  • Paragraph 3 emphasizes on the fair and professional selection of human workforce without bias and prejudice   
  • Paragraph 6 of these policies underlines the administer of justice in the payment system.
    1. Launching the Charter of Citizenship Rights by the President of the Islamic Republic of Iran in 2016

This Charter aims to improve the rights of Iranian citizens. It was signed and unveiled in 2016 by the President of the Islamic Republic of Iran in order to outline the policies and plans of government in honoring the rights of citizens. This Charter has been communicated to government organizations for enforcement. A special assistant has been appointed to the President of the Islamic Republic of Iran for supervising, coordinating and pursuing the enforcement of the provisions in the Charter. All the bodies and organizations affiliated to the government have been obligated to incorporate the provisions of this Charter in their annual planning. They have also been obligated to provide proposals to revise their legal regimes to accommodate the provisions of the Charter within the specified timeframe. In this respect, below is the most important provisions of this Charter related to women and family rights:

  •  The right of women to health (Article 3)
  • Supporting the right of persons with disability and the elderly people (Article 5)
  • Prohibition of intentional discrimination (Article 8)
  • The right to enjoy individual security (Article 13)
  • The right to enjoy privacy (Article 36)
  • The right to reject forced marriage (Article 51)
  • The right of women and children to reject behavioral and verbal violence (Article 54)
  • Supporting the rights of individuals who have been deprived from freedom in incarceration and detention (Article 64)
  • The right to enjoy an environment free from individual and collective harms and distress (Article 91)

 

  1. The law to support the rights and responsibilities of women in various domestic and international areas (Single article of the Charter of the Rights and Responsibilities of Women in the Islamic Republic of Iran), approved in 2016

This Charter outlines some the rights of women which may have been ignored in other rules and regulations. Below is the most important rights of women as enshrined in this law:

  •  The right to enjoy a decent life and physical integrity (Paragraph 1)
  • The right to freedom of thought (Paragraph 3)
  • The right to personal security (Paragraph 5)
  • The right to enjoy Iranian nationality and or the right to change it (Paragraph 8)
  • The right of girls to enjoy the facilities of the family without discrimination (Paragraph 18)
  • The right to register marriage and divorce (Paragraph 27)
  • The right to enjoy physical and mental health in individual, familial and social life (Paragraph 47)
  • The right to participate in policy making, law making, managing, implementing and supervising health (Paragraph 49)
  • The right of knowledge and participation of women in making decisions regarding fertility control and family planning (Paragraph 52)
  • The right of all-inclusive and fair access to sports equipment, facilities and training as well as physical education (sports activities) (Paragraph 53)
  • The right to participate in policy making, law making, managing, implementing and supervising cultural affairs (Paragraph 70)
  • The right to enjoy education to the highest educational level with special attention to the girls in the deprived areas and girls with disability (Paragraphs 76, 77, 79 and 84)
  • The right to conduct research, compile, author, translate and publish books and articles in general publications and specialized journals (Paragraph 85)
  • The right to employment and enjoyment of equal wages and benefits for women like men (Paragraphs 101 and 104)
  • The right to participate in making economic policies and establish and manage economic organizations and membership in economic institutes (Paragraph 109)
  • The right to free speech (Paragraph 114)
  • The right to participate in elections and being elected in the Parliament, other councils and assemblies as well as participate in government planning and assuming senior positions in government organizations (Paragraph 116)
  • The right of active participation in regional and international associations(Paragraph 119)
  • The right to file a complaint and defend in courts and other legal entities (Paragraph 136)

 

10-1- The policies of women employment in the Islamic Republic of Iran, approved in 1992 by the Supreme Council of Cultural Revolution

This document considers offering support packages and benefits to employed mothers such as leave with salary, reducing working hours and retirement pension with less service years. These policies aim to provide job security for women and help them enjoy social security at the time of unemployment, sickness, disability or aging.

 

The policies to improve the leisure time of women and girls, approved in 2002 by the by the Supreme Council of Cultural Revolution

This document includes and underlines the following points:

  • Preventing social and cultural disorders for women and empowering them against social and cultural distress
  •  Raising the awareness of women and children towards physical, mental and environmental health as well as proper nutrition
  • Raising the awareness of couples towards parenting skills, and the rights and responsibilities of parents

 

1-12- The Islamic Penal Code, approved in 2013

  • According to Article 147 of this law on the minimum criminal responsibility age, girls and boys could be taken responsible for criminal acts when they are eight and 15 years old (lunar calendar), respectively. Notwithstanding, considering the best interests of the child as well as international principles, a differential criminal policy is adopted with regards to all the persons below 18 years of age. For this purpose, Chapter Ten of the Second Section of the First Book of the Islamic Penal Code (Articles 88 to 95) is about punishments and security and correctional measures for children and juveniles. According to the age of children in law, different courts are assigned to deal with the offence committed by the children and there is no distinction between girls and boys. All the girls and boys who are under 18 years of age are covered by this law.    
  • In order to guarantee the enforcement of the rights of all citizens including men and women, Article 570 of the Islamic Penal Code criminalizes deprivation of freedom of individuals or deprivation of their rights by any official or authority affiliated to government organizations or institutes, as enshrined in the Constitution of the Islamic Republic of Iran.

 

1-13- The Labor Law of the Islamic Republic of Iran, approved in 1990

  • Article 38 of the Labor Law of Iran emphasizes on the necessity of prohibition of discrimination by gender in paying wages and salaries. All persons shall receive equal payment for the equal work they do.  
  • Articles 75 to 78 of the Labor Law of Iran, under special circumstances, renders specific support for pregnant employed women or breastfeeding mothers in the form of obliging employers to grant pregnancy leave and establish center to support their children.

 

1-14- The State Services Management Law, approved in 2007

  • Article 89 of the State Services Management Law considers equal rights for the employees of executive organizations in being appointed in organizational posts wherever they are deemed qualified.
  • According to Paragraph 4 of Article 68 of State Services Management Law, there is no distinction or discrimination by gender for paying wages and salaries of employees.

 

1-15- The insurance rules and regulations

The Social Security Law, approved in 1975, considers insurance benefits for employees particularly women employees. Such benefits include:

  • Special allowance during pregnancy (Article 67)
  • Medical costs before, during and after pregnancy (Article 68)
  • Retirement pension (Article 76)
  • Pension for survivors of female employees (Article 81)
  • Special payment for marriage (Article 85)
  • Special payment for child care (Article 86)

 

In other related insurance rules and regulations on the payment of special allowances such as the child allowance, insurance and pension (to be paid to the children after the death of employed parents) female children have been given differential supportive advantages as they are considered as more vulnerable than male children. In other words, female children are covered under the insurance of their parents until they are unemployed or unmarried. This while boys are covered by the insurance of their parents until they are 20 (if dropped out of school) or 25 (if employed or student). Paragraph 2 of Article 111 of the State Services Management Law approved in 2007 outlines the related provisions.

 

16-1- The Criminal Procedure Court, 2013

  • This law considers differential policy towards individuals less than 18 years of age irrespective of their gender. Therefore, all persons under 18 years old shall be treated in a special procedure if they make an offence. For example, persons below 18 are provided with the so-called Child and Adolescence Police or Youth-Specific Courts.
  • According to Article 42 of the Criminal Procedure Court, 2013, any investigation or interrogation of women should be conducted wherever appropriate by trained women enforcement officers.      

1-17- The Law to Support Children and Teenagers, approved in 2002

Article 1 of the Law to Support Children and Teenagers does not discriminate between girls and boys. It stipulates that all the children are entitled to all the support according to the provisions of this law.

 

1-18- The Comprehensive Law to Support the Rights of Persons with Disability, approved in 2004

The note of Article 6 of the Comprehensive Law to Support the Rights of Persons with Disability, exempts men from the mandatory military service if they care and keep disabled or incapable women.

 

1-19- The Law of Determining the Citizenship of Children of Iranian Women Married to Foreign Men, approved in 2006

As per this law, the children of Iranian women who have married foreign men and born in Iran, or will be born one year after the ratification of this law in Iran, can apply for Iranian citizenship when they are 18 years of age. According to this single article, children subject of this law are entitled to reside in Iran before applying to Iranian nationality.

 

1-20- The Mandatory Insurance Law to Compensate the Damage to the Third Person in vehicle accidents, approved in 2016

Article 10 of this law obliges the insurer to pay compensation for the damages inflicted on the victims of vehicle accidents (death, impairment or other damage) irrespective of the gender of the victim.

 

1-21- The Law to Support Women and Children Without Guardian approved in 1992 and its executive bylaw approved in 1995

This law provides the following services to widows, elderly women and women with no guardian:

  • Financial support
  • Cultural and social support (technical and vocational skills training, consultation services, employment)  

 

1-22- The Executive Bylaw of the Prisons and Security and Correctional Measures, approved in 2005

  • Article 69 of this executive bylaw considers the gender of the convicted persons in technical and vocational skills training:
  • Note 1 of Article 69 of this executive bylaw has provided female prisoners with the opportunity to keep their under-2 babies in prison. Moreover, prisons shall set up kindergartens to keep the children of female prisoners who are between 2 to 6 years of age or send them to similar centers at the State Welfare Organization.

 

1-23- The Comprehensive Plan of Action for the Rights of Children and Juveniles (National Document) within the Framework of Vision 2025; Strategies and Executive Plans

This document was communicated to all the executive organizations in 2016. It was prepared and approved within the framework of a five-year plan of action by the Ministry of Justice’s National Authority of the United Nations Convention of the Rights of the Child in cooperation with the relevant judicial and executive bodies as well as civil society and non-governmental organizations. This document outlines eleven strategies to support all individuals below 18 years of age considering all the domestic legal principles as well as international standards in particular the provisions of the United Nations Convention on of the Right of Child. Each strategy includes executive plans, activities and assessment benchmarks to materialize provisions of this national plan of action. All individuals under 18 years of age are considered equal irrespective of their gender to receive the support of the government within the strategies, plans and activities envisaged in this plan of action. Special support and policies are considered for female children against gender-based violence such as female circumcision and prevention of discrimination. The most important plans of action within the framework of this document focus on supporting children, providing security for them and improving their physical and mental health. Such plans include strategies to improve the fundamental rights of children such as the prohibition of discrimination, the right to life and the right to be heard to the best interest of the children.   

 

1-24- The adoption of the Charter of Citizens’ Rights in the Tehran City Council, approved in 2016

The Tehran City Council approved in 2016 a document under the title of the Charter of Citizens’ Rights. Paragraph 3 of this Charter is about the rights of women. It underlines the preservation of all the legal rights of women in all the aspects of urban life.

 

1-25- The Executive Guideline (Cabinet ratification no. 200/54989) communicated to all the government ministries, as well as independent organizations within the auspices of the Office of President, approved in 2000

This executive guideline obligates the ministers and heads of independent organizations under the auspices of the Office of President to set up an organization post as the “advisor in women and family affairs” to highlight the role and rights of women.

 

1-26-Accession to international documents and treaties

The Government of the Islamic Republic of Iran has ratified and acceded to international human rights documents and has continuously taken the necessary measures to incorporate the provisions of such international documents in its policy and decision making processes as well as legislative and executive programs. In particular, the government has focused on the rights of women and removal of any type of discrimination against women by abiding by the provisions of relevant international documents. The report of the achievements of the government in this area has been provided to the supervisory mechanisms of international documents. Below are the main international documents the Islamic Republic of Iran has approved to honor the rights of women and children:  

  • The International Covenant on the Economic, Social and Cultural Rights, approved in 1975
  • The International Covenant on the Civil and Political Rights, approved in 1975
  • The International Convention on the Right of Child, approved in 1993
  • The International Convention on Supporting the Rights of Persons with Disability, approved in 2008
  • The Law of Accession of Iran to Treaty no. 111 on eradication of discrimination in employment, approved in 1964
  • The Law of Accession of Iran to Treaty no. 122 on employment policies, approved in 1964
  • The Law of Accession of Iran to Treaty no. 182 on the fight against the worst forms of child labor, approved in 2000

 

 

 

 

 

 

  1.  
  2.  
  3.  
  4. Draft Regulatory Bills to Support Women and Girls Against Discrimination

 

 

 

  1. The formulation of the draft national document on providing security for women in social relationships, 2015-2016

This document was prepared and drafted by the Office of Women and Family Affairs of the Ministry of Interior in line with the enforcement of Article 227 of the Fifth National Development Plan of the Islamic Republic of Iran (2011-2016). It studies various aspects in order to empower women and girls so that they enjoy social security. Based on this national document, all the executive organizations have been obligated to consider and incorporate the strategies outlined in this document into their plans, policies and activities in order to provide security for girls and women in their social life and relationships. Below, are the main strategies described in the draft national document on providing security for women in social relationships:

  • To develop national, local, regional, governmental and non-governmental capacities in line with providing security for women and children in their social relationships
  • To develop a justice-based system to interpret and adopt the rules and regulations related to the security of women and children
  •  To establish unity and cohesion in the management of affairs related to the social security of women and to prevent parallel work and duplication and dispersion of labor

 

Below are the main strategic goals of this national document:

  • To improve the physical, mental, social and emotional health of women and children
  • To develop the necessary organizational, legal, human and information infrastructure to improve the status of women
  • To harmonize the measures and activities of the relevant organizations in promoting the status of women
  • To enrich the leisure time of women
  • To empower authorizes and officials responsible for improving the status of women
  • To predict, prevent, control and combat social maladies and disorders faced by women
  • To rehabilitate and empower women and children who are disabled or harmed
  • To obligate organizations to make knowledge-based policies to improve the status of women

 

  1. The preparation of a bill to determine the citizenship of children of Iranian women married to foreign men

As per the Law of Determining the Citizenship of Children of Iranian Women Married to Foreign Men, approved in 2006, Iranian citizenship shall be awarded to the children of Iranian women married to foreign men after they turn 18 and file a request. Therefore, the present bill which has been prepared and drafted by the Ministry of Cooperative, Labor and Social Welfare in participation with the Vice President for Women and Family Affairs, is trying to make it possible for Iranian women married to foreign men to apply for an Iranian citizenship for their children right from the date of birth.

 

2-3-The preparation of the draft comprehensive plan of social emergencies in disaster times

This proposal was drafted by the Accessible and On-Time Specialized Social Services Center in cooperation with the Social Emergency Center affiliated to the Department of Social Affairs of the State Welfare Organization in 2014.  

 

                                                                                                                  

 

 

 

  1. The Executive Measures and Actions to Support Women and Girls Against Discrimination
  1. The conclusion of memoranda of understanding between the Vice President for Women and Family Affairs and relevant governmental and non-governmental organizations and proposed support packages

 

The Vice President for Women and Family Affairs has concluded several memoranda of understanding with relevant organizations to highlight, promote and institutionalize gender equality for other organizations. Below are the main such memoranda of understanding to make relevant organizations sensitive towards gender equality:

  • Memorandum of Understanding with the Ministry of Education with the goal of:

                       - Developing, strengthening, promoting and institutionalizing the concept of gender equality in educational and cultural planning related to the girls in the Sixth National Development Plan

                  - Creating fair and equal opportunities to utilize the capabilities of women in the middle and senior levels of management in the Ministry of Education

 

  • Memorandum of Understanding with the Deputy Head of Judiciary for Social Affairs and Prevention of Crime in order to promote, improve and institutionalize the issue of gender equality in the family foundation and creating balance and cohesion for the relationships between couples and improving the indexes related to women, children and families in the country
  • Memoranda of Understanding with the Ministry of Energy, the Cultural Heritage, Handicrafts and Tourism Organization as well as the National Commission of Islamic Human Rights with the goal of promoting, consolidating and institutionalizing gender equality and improving the indexes related to women, children and families in the country

 

3-2- The measures and actions taken to increase the participation of women in managerial posts

In this respect, the following measures were taken by the Vice President for Women and Family Affairs to increase the managerial role of women:

  • To formulate a comprehensive plan to develop women and family affairs. This plan, prepared in 2011, includes 14 main aspects to improve the managerial skills and capabilities of women. The plan also proposes strategies and measures to increase the managerial role of women in government organizations.
  •  To establish the Management and Political and Social Participation Working Group comprised of researchers and scholars as well as non-governmental organizations with the goal of using their experience and knowledge to formulate the best plans to improve women participation
  • To formulate a training program to improve the scientific and practical skills of women to enable them to participate in international associations and assemblies for all the managers of government organizations and the private sector in 2015
  • To define 31 research subjects and areas focusing on increasing women participation in development
  • To prioritize sponsoring student dissertations and theses with the subject of improving women status. At the present time, a research plan is being studied to investigate the impact of support for improving the status of women in the senior political management of the country.
  • To conclude a trilateral memorandum of understanding with the Ministry of Science, Research and Technology and the Vice President for Science and Technology with the goal of empowering women.

 

  1. Holding a series of academic meetings

Several academic meetings were held to discuss the role of religious leaders and scholars in preventing violence against women and children. Such meetings were coordinated by the Ministry of Justice’s National Authority of the United Nations Convention of the Rights of the Child. Representatives of followers of religions as well as non-governmental organizations and civil society were invited to these meetings to discuss related issues with the officials of judicial and executive organizations. The first such meetings focused on discussing the elimination of discrimination against girls as an example of violence against women. The outcomes of such meetings are published in the form of guidebooks for the information and use of relevant executive and judicial bodies.

 

  1. The participation of women in some posts related to criminal justice

3-4-1- The presence of women as female police officers in the Islamic Republic OF Iran Police Force

  • There are presently 7,200 female police officers working in the Iranian Police Force. The Iranian police admit and employ a number of qualified women on an annual basis. Such female police forces operate in various departments of police such as the traffic police, social department of police, the prevention police, and other departments of their choice. Such women are provided with the necessary specialized trainings.
  • Female police officers play a remarkable role in various sectors in particular with regards to the prevention of crime. For example, in many cases referred to local police stations, female police forces provide consultation and logical solutions to the parties to the dispute so that they reconcile. Policewomen in this way help the Judiciary and reduce the heavy burden of dealing with judicial cases.

            

                     3-4-2- The presence of women in judicial posts

                    There are about 700 female judges who are serving the Judiciary. They are employed as assistant judges, advisors and deputy prosecutor in courts and are authorized to issue judicial verdicts. Most of female judges work in family courts.

 

Female Judges in Provinces

Total

Deputy for Judicial Affairs

Deputy prosecutor

Judicial advisor

Assistant Judge

Province

 

16

-

-

1

15

East Azarbaijan

1

16

-

-

2

14

West Azarbaijan

2

1

-

-

-

1

Ardebil

3

41

-

-

4

37

Isfahan

4

3

-

1

-

2

Ilam

5

7

-

-

2

5

Booshehr

6

177

12

-

24

141

Tehran

7

9

-

-

3

6

Charmahal-Bakhtiari

8

1

-

-

1

-

South Khorasan

9

54

-

1

8

45

Razavi Khorasan

10

4

-

1

2

1

North Khorasan

11

20

-

-

2

18

Khoozestan

12

8

-

-

6

2

Zanjan

13

3

-

-

1

2

Semnan

14

5

-

-

2

3

Sistan-Baloochestan

15

32

-

-

4

28

Fars

16

3

-

-

1

2

Qazvin

17

6

-

-

2

4

Qom

18

2

-

-

-

2

Kordestan

19

21

-

-

4

17

Kerman

20

11

-

-

4

7

Kermanshah

21

1

-

-

-

1

Kohgilooyeh and Boyerahmad

22

9

1

-

1

7

Golestan

23

8

-

-

3

5

Gilan

24

11

-

2

1

8

Lorestan

25

28

-

-

5

23

Mazandaran

26

1

-

-

-

1

Markazi

27

4

-

-

-

4

Hormozgan

28

7

-

2

-

5

Hamedan

29

19

-

-

3

16

Yazd

30

528

13

7

86

422

Total

 

 

 

Female Judges in the Departments of the Judiciary

 

Total

Judicial Advisor

Military Assistant Judge

Department

 

1

1

-

Office of the Head of Judiciary

1

4

4

-

Court of Administrative Justice

2

6

6

-

Deputy for Legal and Judicial Affairs

3

1

1

-

Special Judicial Supervision Department

4

1

-

1

Armed Forces Judicial Organization

5

13

11

1

Total

 

 

 

 

 

 



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