Constitutional and legal foundations Human rights in Iran

1 constitutional , legal foundations

1.1 explanations violations

1.1.1 theological differences


1.2 rights under constitution
1.3 provisions in violation of human rights

1.3.1 harsh punishments
1.3.2 gender issues
1.3.3 freedom of expression , media
1.3.4 freedom , equality of religion
1.3.5 political freedom
1.3.6 children s rights

constitutional , legal foundations

explanations violations

among explanations violations of human rights in islamic republic are:

theological differences

the legal , governing principles upon islamic republic of iran based differ in respects principles of universal declaration of human rights.

sharia law, interpreted in islamic republic, calls inequality of rights between genders, religions, sexual orientation, other internationally criticized practices such stoning method of execution. in 1984, iran s representative united nations, sai rajaie-khorassani, declared universal declaration of human rights representing secular understanding of judeo-christian tradition , not implemented muslims , did not accord system of values recognized islamic republic of iran therefore not hesitate violate provisions.
according scholar ervand abrahamian, in eyes of iranian officials, survival of islamic republic – , therefore of islam itself – justified means used, , trumped right of individual. in fatwa issued ayatollah khomeini in 1988, declared iran s islamic government branch of absolute governance of prophet of god , among primary ordinances of islam, having precedence on secondary ordinances such prayer, fasting, , pilgrimage.

rights under constitution

the iranian fundamental law or constitution calls equal rights among races, ethnic groups (article 19). calls gender equality (article 20), , protection of rights of women (article 21); freedom of expression (article 23); freedom of press , communication (article 24) , freedom of association (article 27). 3 recognized religious minorities free perform religious rites , ceremonies.

however, along these guarantees constitution includes 1 scholar calls ominous catch-22s , such “all laws , regulations must conform principles of islam.” rights of women, of expression, of communication , association, of press – followed modifiers such within limits of law , within precepts of islam , unless attack principles of islam , unless law states otherwise , long not interfere precepts of islam.

provisions in violation of human rights

the iranian penal code derived shari , not in compliance international norms of human rights.

the iranian penal code distinguishes 2 types of punishments: hudud (fixed punishment) , qisas (retribution) or diyya (blood money or talion law). punishments falling within category of hududs applied people committing offenses against state, such adultery, alcohol consumption, burglary or petty theft, rebellions against islamic authority, apostasy , homosexual intercourse (considered contrary spirit of islam). punishments include death hanging, stoning or decapitation, amputation or flagellation. victims of private crimes, such murder or rape, can exercise right retribution (qisas) or decide accept blood money (diyyah or talion law).

harsh punishments

following traditional shariah punishment thieves, courts in iran have sentenced offenders amputation of both right hand , left foot cut off, making difficult, if not impossible, condemned walk, cane or crutches. fate, example, of 5 convicted robbers in sistan-baluchistan province in january 2008 according news agency isna.

shariah includes stoning , explicitly states stones used must small enough not kill instantly. of july 2010, iranian penal code authorizes stoning punishment. however, iran says new draft of penal code has removed stoning under review iranian parliament , has yet ratified.

the use of stoning punishment may declining or banned altogether. in december 2002, ayatollah shahroudi, head of judicial system, reportedly sent judges memorandum requesting suspension of stoning , asking them choose other forms of sanctions. in 2005, amnesty international reported iran execute woman stoning adultery. amnesty urged tehran give reprieve woman. sentence on hold pending consideration pardons commission. according iranian officials stoning has been dropped penal code long time, , in islamic republic, not see such punishments being carried out , said judiciary spokesman jamal karimirad. added if stoning sentences passed lower courts, overruled higher courts , no such verdicts have been carried out. according amnesty international, in july 2010, iranian parliament began considering revision penal code ban stoning punishment.

gender issues

the iranian legislation not accord same rights women men in areas of law.

in section of penal code devoted blood money, or diyya, value of woman s life half of man ( instance, if car hit both on street, cash compensation due woman s family half due man s )
the testimony of male witness equivalent of 2 female witnesses.
a woman needs husband s permission work outside home or leave country.
post-pubescent women required cover hair , body in iran , can arrested failing so.

in inheritance law of islamic republic there several instances woman entitled half inheritance of man. example:

if man dies without offspring, estate inherited parents. if both parents alive, mother receives 1/3 , father 2/3 of inheritance, unless mother has hojab (relative reduces part, such brothers , sisters of deceased (article 886)), in case shall receive 1/6, , father 5/6. (article 906)
if dead man s closest heirs aunts , uncles, part of inheritance belonging uncle twice belonging aunt. (article 920)
when heirs children, inheritance of sons twice of daughters. (article 907)
if deceased leaves ancestors , brothers , sisters (kalaleh), 2/3s of estate goes heirs have relationship on side of father; , in dividing portion males take twice portion of females; however, 1/3 going heirs on mother’s side divided equally. (article 924)

according zahra eshraghi, granddaughter of ayatollah khomeini,

discrimination here [in iran] not in constitution. woman, if want passport leave country, have surgery, breathe almost, must have permission husband.

freedom of expression , media

the 1985 press law prohibits discourse harmful principles of islam , public interest , referred in article 24 of constitution, according human rights watch provides officials ample opportunity censor, restrict, , find offense.

human rights watch released report iran s violation of human rights. iranian authorities have arrested , detained shahnaz karimbeigi son, mostafa, shot , killed during protests on december 27, 2009, linked disputed 2009 presidential election. accordingly, karimbeigi participated in many gatherings mothers of other victims of 2009 crackdown demand justice loved ones; organized public support families of imprisoned activists; , 1 of several advocates using social media campaigns support arash sadeghi, human rights defender sentenced 15-year jail term. on morning of january 25, arrested @ workplace , denied access lawyer. authorities searched apartment , seized electronic devices, including laptop threatened karimbeigi’s daughter , husband on phone , summoned them several hours of interrogation @ ministry s follow-up office .

freedom , equality of religion

the constitution recognizes freedom of zoroastrian, jewish, , christian iranians perform religious rites , ceremonies, , accords non-shia muslims full respect (article 12). bahá í faith banned. islamic republic has stated baha or leadership organized establishment linked foreigners, zionists in particular, threaten iran. international federation human rights , others believe government s policy of persecution of bahá ís stems bahá í teachings challenging traditional islamic religious doctrines – particularly finality of muhammad s prophethood – , place bahá ís outside islamic faith. irreligious people not recognized , not have basic rights such education, becoming member of parliament etc.

hudud statutes grant different punishments muslims , non-muslims same crime. in case of adultery, example, muslim man convicted of committing adultery muslim woman receives 100 lashes; sentence non-muslim man convicted of adultery muslim woman death. in 2004, inequality of blood money (diyeh) eliminated, , amount paid perpetrator death or wounding christian, jew, or zoroastrian man, made same muslim. however, international religious freedom report reports baha not included in provision , blood considered mobah, (i.e. can spilled impunity).

freedom convert islam religion (apostasy) prohibited, , may punishable death. article 23 of constitution states, investigation of individuals beliefs forbidden, , no 1 may molested or taken task holding belief. article, 167, gives judges discretion deliver judgment on basis of authoritative islamic sources , authentic fatwa (rulings issued qualified clerical jurists). founder of islamic republic, islamic cleric ruhollah khomeini, grand ayatollah, ruled penalty conversion islam, or apostasy, death.

at least 2 iranians – hashem aghajari , hasan yousefi eshkevari – have been arrested , charged apostasy (though not executed), not converting faith statements and/or activities deemed courts of islamic republic in violation of islam, appear outsiders expressions of political/religious reformism. hashem aghajari, found guilty of apostasy speech urging iranians not blindly follow islamic clerics; hassan youssefi eshkevari charged apostasy attending reformist-oriented iran after elections conference in berlin germany disrupted anti-government demonstrators.

the small protestant christian minority in iran have been subject islamic government suspicion , hostility according human rights watch @ least in part because of readiness accept , seek out muslim converts western origins. in 1990s, 2 muslim converts christianity had become ministers sentenced death apostasy , other charges.

political freedom

in 2008 report, organization human rights watch complained broadly worded `security laws` in iran used ”to arbitrarily suppress , punish individuals peaceful political expression, association, , assembly, in breach of international human rights treaties iran party. example, connections foreign institutions, persons, or sources of funding enough bring criminal charges such undermining national security against individuals.

ahmad batebi, demonstrator in july 1999 student demonstrations in iran, given death sentence propaganda against islamic republic system. (his sentence later reduced 15, , ten years imprisonment.) photograph of batebi holding bloody shirt aloft printed on cover of economist magazine.

children s rights

despite signing convention on rights of child, iran, according human rights groups, world s largest executioner of juvenile offenders. of may 2009, there @ least 137 known juvenile offenders awaiting execution in iran, total number higher many death penalty cases in iran believed go unreported. of 43 child offenders recorded having been executed since 1990, 11 still under age of 18 @ time of execution while others either kept on death row until had reached 18 or convicted , sentenced after reaching age. including @ least 1 13-year-old , 14-year-old.

a bill set minimum age death penalty @ 18 years examined parliament in december 2003, not ratified guardian council of constitution, unelected body has veto power on parliamentary bills. in september 2008 interview president mahmoud ahmadinejad asked execution of minors , replied legal age in iran different yours. it’s not eighteen ... it’s different in different countries.

on 10 february 2012, iran s parliament changed controversial law of executing juveniles. in new law, age of 18 (solar year) both genders considered , juvenile offenders sentenced on separate law of adults.”