Committee on the Rights of the Child

Concluding observations on the combined third and fourth periodic reports of the Islamic Republic of Iran *

I.Introduction

The Committee considered the combined third and fourth periodic reports of the Islamic Republic of Iran (CRC/C/IRN/3-4) at its 2055th and 2057th meetings (see CRC/C/SR.2055 and 2057), held on 11 and 12 January 2016, and adopted the following concluding observations at its 2104th meeting (see CRC/C/SR.2104), held on 29 January 2016.

The Committee welcomes the submission of the third and fourth periodic reports of the State party and the written replies to the list of issues (CRC/C/IRN/Q/3-4/Add.1), which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses appreciation for the constructive dialogue held with the multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

The Committee welcomes the ratification of or accession to the following instruments:

(a)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2007;

(b)The Convention on the Rights of Persons with Disabilities, in 2009.

The Committee notes with appreciation the adoption of the following legislative measures:

(a)Amendments to the Criminal Procedure Code, establishing juvenile courts, in 2013;

(b)The Act on Family Protection, providing for the best interests of children and adolescents to be respected in all courts and executive officials’ decisions, in 2013.

The Committee welcomes the establishment of the National Body on the Convention on the Rights of the Child, on 1 April 2012.

The Committee notes as positive the invitation extended by the State party to special procedure mandate holders since 24 July 2002.

III.Factors and difficulties affecting the implementation of the Convention

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.

IV.Main areas of concern and recommendations

A.General measures of implementation (arts. 4, 42 and 44 (6))

The Committee’s previous recommendations

The Committee recommends that the State party take all measures necessary to address its previous recommendations of 28 January 2005 (CRC/C/15/Add.254), which have not been sufficiently implemented, in particular those relating to non-discrimination, the right to life, protection from torture and inhuman or degrading treatment or punishment, and juvenile justice, among others contained therein.

Reservations

While noting the information provided by the State party during the dialogue that it intends to study the possibility of making the wording of its reservation more precise, the Committee regrets that, despite its previous recommendations, the State party has not undertaken any review of its reservation to the Convention since the submission of the initial and second periodic reports. The Committee remains concerned that the imprecise nature of this reservation, which invokes Islamic laws in a general way, hampers the implementation of many provisions of the Convention and is not compatible with the object and purpose of the Convention. Furthermore, the Committee is concerned about the Supreme Court judgement made in July 2012 that invokes this reservation and states that in case of a conflict, the domestic law should prevail over the Convention.

The Committee, in line with its previous recommendation (CRC/C/15/Add.254, para. 7) and in the light of the Vienna Declaration and Programme of Action of 1993, urges the State party to review the general nature of its reservation and encourages the State party to withdraw it in a clear timeframe. The Committee recommends that the State party bring its domestic laws and regulations into compliance with the Convention and ensure that the provisions of the Convention prevail whenever there is a conflict with the domestic law. 

Legislation

The Committee takes note of several pieces of legislation adopted by the State party during the reporting period, and the amendments to the Islamic Penal Code in 2013. However, the Committee remains concerned that a number of the State party’s laws, including the Islamic Penal Code, remain discriminatory against girls and against religious and ethnic minorities, depriving them of a number of their rights under the Convention. The Committee is also concerned about the wide discretion given to the judiciary in interpreting and implementing laws.

The Committee urges the State party to urgently repeal its laws and policies that are discriminatory against girls and religious and ethnic minorities and ensure that all children, irrespective of their gender, ethnicity or religious beliefs, enjoy equal rights and freedoms as guaranteed under the Convention. In particular, the Committee urges the State party to ensure that the State party’s legislation does not leave the interpretation and implementation of its legislation to the wide discretion of the judiciary without providing them with the necessary training and interpretative guidelines.

Comprehensive policy and strategy

The Committee notes the State party’s information that it is finalizing the draft National Plan of Action on the Rights of the Child. It regrets, however, the lack of information as to how the 11 strategies suggested therein contribute to the implementation of the Convention, especially in relation to children in disadvantaged and marginalized situations, and the lack of information about the available resources to be allocated for its implementation.

The Committee recommends that the State party take measures to ensure that the State party’s policies, strategies and plans of action address in particular the rights of children in disadvantaged and marginalized situations, are aimed at providing them with equal opportunities in all areas of life and at improving their situation, and are supported with sufficient human, technical and financial resources.

Coordination

The Committee notes the establishment in 2012 of the National Body on the Convention on the Rights of the Child, under the Ministry of Justice, for monitoring and coordinating the implementation of children’s rights. However, the Committee regrets that apart from the establishment of working groups in some important areas such as violence against children, no information has been provided as to the progress achieved and outputs delivered by the National Body and its working groups.

The Committee recommends that the State party provide the National Body on the Convention on the Rights of the Child with a clear mandate and sufficient authority to coordinate all activities related to the implementation of the Convention at cross-sectoral, national, regional and local levels, that it strengthen its capacity and that it ensure that its relevant working groups are provided with the necessary human, technical and financial resources.

Allocation of resources

The Committee is concerned that the State party did not provide any information on a targeted allocation of budgetary resources for the implementation of children’s rights under the Convention, in particular for implementation of the rights of children belonging to disadvantaged and marginalized groups, as previously recommended (see CRC/C/15/Add.254, para. 15 (b)).

In the light of its day of general discussion in 2007 on resources for the rights of the child and the responsibility of States, the Committee recommends that the State party:

(a) Conduct a comprehensive assessment of the budget needs of children and allocate adequate budgetary resources, in accordance with article 4 of the Convention, for the implementation of children’s rights, and in particular, increase the budget allocated to social sectors and address disparities on the basis of indicators related to children’s rights;

(b) Utilize a child-rights approach in the elaboration of the State budget, by implementing a tracking system for the allocation and the use of resources for children throughout the budget, and use this tracking system for impact assessments on how investments in any sector may serve the best interests of the child, ensuring that the different impact of such investment on girls and boys is measured;

(c) Define budgetary lines for children in disadvantaged or vulnerable situations who may require affirmative social measures and make sure that those budgetary lines are protected, even in situations of economic crisis or natural disaster or other emergencies.

Data collection

The Committee notes the data provided by the State party in the areas of education, breastfeeding, children deprived of family environment, and children in the justice system, as well as the establishment of the “Human Treasure” database to collect data concerning children. However, the Committee is concerned about the lack of information as to whether the database allows for the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all areas covered by the Convention in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.

In the light of its general comment No. 5 (2003) on general measures of implementation, the Committee urges the State party to strengthen its data collection system. The data should cover all areas of the Convention and should be disaggregated by age, sex, disability, geographic location, ethnic origin and socioeconomic background, in order to facilitate analysis on the situation of all children, particularly vulnerable children. Furthermore, the Committee recommends that the data and indicators be shared among the ministries concerned and be used for the formulation, monitoring and evaluation of policies, programmes and projects for effective implementation of the Convention. In this context, the Committee also recommends that the State party provide the necessary human and financial resources to support the new database and that it strengthen its technical cooperation with, among others, the United Nations Children’s Fund (UNICEF).

Independent monitoring

While noting the information provided by the State party in its replies to the list of issues (CRC/C/IRN/Q/3-4/Add.1, paras. 21 and 22) about the establishment of the National Body on the Convention on the Rights of the Child, the Committee remains concerned about the lack of a permanent and independent mechanism to monitor the implementation of the Convention.

In the light of its general comment No. 2 (2002) on the role of independent national human rights institutions, the Committee recommends that the State party take measures to expeditiously establish, in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles), an independent mechanism for monitoring human rights, including a specific mechanism for monitoring children’s rights that is able to receive, investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims, and undertake monitoring, follow-up and verification activities for victims.

Dissemination, awareness-raising and training

The Committee is concerned that the State party has not taken sufficient steps to raise awareness about the Convention and to make its reports and concluding observations available to the public at large, including to children. The Committee also regrets that training of law-enforcement officials, judges and other professionals working for and with children does not cover the entire territory of the State party.

The Committee recommends that the State party take all possible measures to raise the awareness of its public, including children, about the provisions of the Convention through awareness-raising programmes, such as campaigns, and that it ensure that the Convention is part of the mandatory curriculum in all schools for children of all age groups. The Committee also recommends that the State party continue to provide regular and systematic training activities on the provisions of the Convention for law enforcement officials, the judiciary and other professionals working with and for children throughout the country.

Cooperation with civil society

The Committee is seriously concerned about the reported repression of non-governmental organizations (NGOs) working on children’s rights, and about harassment and persecution of child rights defenders.

The Committee urges the State party to put an end to repression against non-governmental organizations working in the area of children’s rights and to hold those responsible for harassment and persecution of human rights activists accountable.

B.Definition of the child (art. 1)

The Committee is seriously concerned that despite its previous recommendations, the age of majority remains set at predefined ages of puberty, namely 9 lunar years for girls and 15 lunar years for boys, which results in girls and boys above those ages being deprived of the protections under the Convention. Furthermore, the Committee is deeply concerned that the age of marriage in the State party, which is set at 13 years for girls and 15 years for boys, gravely violates rights under the Convention and places children, in particular girls, at risk of forced, early and temporary marriages, with irreversible consequences on their physical and mental health and development.

The Committee urges the State party to revise, as a matter of urgency and priority, its legislation in order to ensure that all persons below the age of 18 years, without exceptions, are consider