Distr.

GENERAL

CRC/C/15/Add.123
28 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Iran (Islamic Republic
of). 28/06/2000.

CRC/C/15/Add.123.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fourth
session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of the
Committee on the Rights of the Child

ISLAMIC REPUBLIC OF IRAN

1. The Committee considered the initial report of the
Islamic Republic of Iran (CRC/C/41/Add.5), submitted on 9 December 1997, at its
617th and 618th meetings (see CRC/C/SR.617-618), held on 16 May 2000, and
adopted the following concluding observations. At
the 641st meeting, held on 2 June 2000.

A. Introduction

2. The Committee notes that the State party's report
(CRC/C/41/Add.5) was prepared according to the Committee's guidelines for
reporting. The Committee regrets, however, that the report is essentially
legalistic and does not provide a self-critical evaluation of the prevailing
situation of the exercise of children's rights in the country. Moreover, the
Committee notes that the rights of the child are seen through a paternalistic
lens; the child is not seen as an active subject of human rights. There are
significant gaps in information relating to general measures of implementation,
general principles, particularly non-discrimination and the best interests of
the child, civil rights and freedoms and special protection measures. The
Committee welcomes the responses to the list of issues which partially remedied
these gaps.

B. Positive
aspects

3. The Committee welcomes the State party's progress
in achieving most of the goals for the year 2000 laid down in the Plan of Action
for Implementing the World Declaration on the Survival, Protection and
Development of Children in the 1990s.

4. The Committee notes that article 30 of the
Constitution provides free education for all citizens up to secondary school,
and that over 90 per cent of children 6-10 years enjoy access to primary
education.

5. The Committee notes that the State party hosts the
largest refugee population in the world, around 2.1 million people, including a
large percentage of children, and has provided assistance, generally with speed
and effectiveness and with only limited help from the international
community.

C. Factors and difficulties
impeding the implementation of the Convention

6. Noting the universal values of equality and
tolerance inherent in Islam, and concurring with the Human Rights Committee and
the Committee on Economic, Social and Cultural Rights, the Committee observes
that narrow interpretations of Islamic texts by State authorities are impeding
the enjoyment of many human rights protected under the Convention.

D. Principal subjects of concern
and recommendations

1. General measures
of implementation

Legislation

7. Noting information from the State party that a
Governmental working group has been established to study the compatibility of
existing laws with the Convention, the Committee is nevertheless concerned that
the broad and imprecise nature of the State party's general reservation
potentially negates many of the Convention's provisions and raises concern as to
its compatibility with the object and purpose of the Convention.

8. The Committee
recommends that the State party expedite this study and use the findings to
review the general nature of its reservation with a view to narrowing and, in
the long-term, withdrawing in accordance with the Vienna Declaration and
Programme of Action.

Coordination

9. The Committee is concerned that the lack of
administrative coordination and cooperation at the national and local levels of
government is a major problem in the implementation of the Convention.

10. The Committee
recommends to the State party to: adopt a comprehensive national plan of action
to implement the Convention; allocate the necessary resources, both human and
financial; develop professional capacity; and give attention to intersectoral
coordination and cooperation at and between national and local levels of
government. The State party is encouraged to provide adequate support to local
authorities for implementation of the Convention. The Committee recommends that
the State party seek assistance from UNICEF and OHCHR, among others.

Independent/monitoring structures

11. The Committee emphasizes the importance of setting
up an independent mechanism with the mandate regularly to monitor and evaluate
progress in the implementation of the Convention at the national and local
levels.

12. The Committee
encourages the State party to establish a statutory, independent institution,
adequately staffed and resourced, with the mandate regularly to monitor and
evaluate progress in the implementation of the Convention and empowered to
receive and address complaints of violations of children's rights. The Committee
recommends that the State party seek assistance from UNICEF and OHCHR, among
others.

Allocation of budgetary resources

13. Noting the State party's efforts to implement
various child-oriented programmes, the Committee nevertheless expresses its
concern that insufficient attention has been paid to article 4 of the Convention
regarding the implementation to the "maximum extent of ... available resources"
of the economic, social and cultural rights of children.

14. The Committee
recommends that the State party develop ways to establish a systematic
assessment of the impact of budgetary allocations on the implementation of
children's rights, and collect and disseminate information in this regard. The
Committee recommends that the State party ensure the adequate distribution of
resources at the national and local levels, where needed, within the framework
of international cooperation.

Cooperation with NGOs

15. The Committee notes that cooperation with
non-governmental organizations in the implementation of the Convention,
including preparation of the report, remains limited.

16. The Committee
encourages the State party to consider a systematic approach to involving NGOs,
and civil society in general, in all stages of the implementation of the
Convention, including policy-making.

Training/dissemination of the Convention

17. Although the Convention is binding and has the
force of law, according to article 9 of the Civil Code and article 77 of the
Constitution, the Committee is concerned that it has not been invoked in the
courts because of insufficient awareness of the Convention amongst the
judiciary, lawyers and the general public, including children, despite efforts
by the State party to inform children of their rights. In this regard, the Committee
is concerned that the State party is not undertaking adequate dissemination and
awareness-raising activities in a systematic and targeted manner.

18. The Committee
recommends that the State party develop an ongoing programme for the
dissemination of information regarding the implementation of the Convention
among children and parents, civil society and all sectors and levels of
government. The Committee encourages the State party to pursue efforts to
promote children's rights education in the country, including initiatives to
reach the most vulnerable groups. Moreover, the Committee recommends that the
State party strengthen its efforts and develop systematic and ongoing training
programmes on the provisions of the Convention for all professional groups
working with children (e.g. judges, lawyers, law enforcement officials, civil
servants, local government officials, personnel working in institutions and
places of detention for children, teachers, health personnel, including
psychologists, and social workers). The Committee encourages the State party to
seek assistance from OHCHR and UNICEF, among others, in this regard.

2. Definition of the child

19. The Committee notes information that the State
party is making efforts to study the age of maturity of females. Nevertheless,
the Committee is concerned that the definition of the child, under Note 1 of
article 1212 of the Civil Code and Note 1 of article 49 of the Islamic Penal
Law, which provide for the attainment of majority at predefined ages of puberty,
result in arbitrary and disparate application of laws and discriminate between
girls and boys with respect to legal capacity (including minimum age for
marriage), civil liability and age of criminal responsibility.

20. The Committee
recommends that the State party review its legislation so that the definition of
the child and minimum age requirements conform to the principles and provisions
of the Convention, and in particular that they are gender neutral, and ensure
that they are enforced.

3. General principles

Non-discrimination

21. The Committee is concerned at the persistence of
discrimination under the law. In particular:

(a) The Committee finds that discrimination against
girls and children born out of wedlock under the Civil and Penal Codes is
incompatible with article 2. Moreover, the Committee is concerned that
discriminatory social attitudes towards the education of girls, primarily in
rural areas, result in low school enrolments and high drop-out rates, and in
early and forced marriages;

(b) The Committee finds that infringement of a child's
rights under the Convention as a result of indirect discrimination, or
discrimination against his or her mother, under the Civil Code (e.g. in relation
to custody, guardianship and nationality) is incompatible with article
2. The Committee
expresses its concern at the persistence of stereotypical attitudes about the
roles and responsibilities of women and men.

22. Concurring with the
findings of the Human Rights Committee (CCPR/C/79/Add.25) and the Committee on
Economic, Cultural and Social Rights (E/C.12/1993/7), and in accordance with
article 2 of the Convention, the Committee recommends that the State party take
effective measures to prevent and eliminate discrimination on the grounds of sex
and birth in all fields of civil, economic, political, social and cultural life.
The Committee recommends that the State party make every effort to enact or
rescind, where necessary, civil and criminal legislation to prohibit any such
discrimination. In this regard, the Committee encourages the State party to
consider the practices of other States that have been successful in reconciling
fundamental rights with Islamic texts. The Committee recommends that the State
party take all appropriate measures, such as comprehensive public education
campaigns, to prevent and combat negative societal attitudes in this regard,
particularly within the family. Religious leaders should be mobilized to support
such efforts.

23. As noted by the Committee on the Elimination of
Racial Discrimination (A/54/18, paras. 294-313), the Committee is concerned at
the large disparities in the enjoyment of rights in provinces inhabited largely
by persons belonging to ethnic minorities, especially in Sistan and Baluchestan,
Lorestan, West Azarbaijan, Ardabil and Hormozgan.

24. The Committee
recommends that the State party take all necessary measures to ensure that all
children within its jurisdiction enjoy all the rights set out in the Convention
without discrimination, in accordance with article 2. The Committee recommends
that the State party prioritize and target social services for children
belonging to the most vulnerable groups.

Best interests of the child

25. The Committee is concerned that in all actions
concerning children, the general principle of the best interests of the child
contained in article 3 of the Convention is not a primary consideration,
including in matters relating to family law (e.g. duration of custody under
articles 1169 and 1170 of the Civil Law is arbitrary as it is determined by the
child's age, and is discriminatory against the mother).

26. The Committee
recommends that the State party review its legislation and administrative
measures to ensure that article 3 of the Convention is duly reflected
therein.

Right to life

27. The Committee is seriously concerned that respect
for the inherent right to life of a person under 18 is not guaranteed under the
law, particularly in light of article 220 of the Penal Law, which provides that
a man who kills his own child or his son's child is subject only to
discretionary punishment and the payment of blood money.

28. The Committee
recommends that the State party take all necessary measures to ensure that there
is no discriminatory treatment for such crimes, and ensure prompt and thorough
investigations and prosecutions.

29. In light of articles 6 and 37 (a) of the
Convention, the Committee is seriously disturbed at the applicability of the
death penalty for crimes committed by persons under 18 and emphasizes that such
a penalty is incompatible with the Convention.

30. The Committee
strongly recommends that the State party take immediate steps to halt and
abolish by law the imposition of the death penalty for crimes committed by
persons under 18.

Respect for the views of the child

31. The Committee welcomes the initiation of the
"school mayor" programme, but is nevertheless concerned that respect for the
views of the child remains limited owing to traditional societal attitudes
towards children in schools, the courts, and especially within the family. The
Committee is concerned that the child's views may only be represented in
judicial proceedings affecting him or her through the father, paternal
grandfather or other appointed guardian and not directly by the child. The
Committee is of the opinion that article 1041 of the Civil Code providing that
the marriage of a minor is valid if the father or legal guardian has given his
consent, notwithstanding the views of the child, is incompatible with the
Convention.

32. The Committee
encourages the State party to promote and facilitate within the family, the
school, the courts and administrative bodies respect for the views of children
and their participation in all matters affecting them in accordance with article
12 of the Convention. In this regard, the Committee recommends that the State
party develop skills-training programmes in community settings for teachers,
social workers and local officials to enable them to assist children to express
their informed decisions and take these views into consideration. The Committee
recommends that the State party take all necessary measures to halt early and
forced marriages, including public education campaigns, particularly in rural
areas. The Committee recommends that the State party seek assistance from
UNICEF, among others.

4. Civil rights and freedoms

Freedoms of expression and assembly

33. The Committee is concerned that although the
freedoms of expression and assembly are formally recognized in the Constitution,
the exercise of these rights by children are restricted by vaguely worded
limitation clauses (i.e. "in accordance with Islamic criteria"), which
potentially exceed the permitted restrictions set out in paragraph 2 of articles
13 and 15 of the Convention. The Committee is concerned at reports of incidents
of threats and violence by vigilante groups, such as Ansari-Hezbollah, directed
at persons seeking to exercise or to promote the exercise of these rights.

34. The Committee
recommends that the State party establish clear criteria to assess whether a
given action or expression is in accordance with interpretations of Islamic
texts, and consider appropriate and proportionate means to protect public morals
while safeguarding the right of every child to freedom of expression and
assembly.

Freedom of thought, conscience and
religion

35. The Committee emphasizes that the human rights of
children cannot be realized independently from the human rights of their
parents, or in isolation from society at large. In light of article 14 of the
Convention, the 1981 Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief (General Assembly resolution
36/55), Commission on Human Rights resolution 2000/33, the Human Rights
Committee's General Comment 22, and concurring with the findings of the Human
Rights Committee (CCPR/C/79/Add.25) and the Committee on Economic, Social and
Cultural Rights (E/C.12/1993/7), the Committee is concerned at the restrictions
on the freedom of religion, and that restrictions on the freedom to manifest
one's religion do not comply with the requirements outlined in article 14,
paragraph 3. The Committee is especially concerned at the situation of members
of non-recognized religions, including the Baha'is, who experience
discrimination in areas of, inter
alia, education, employment, travel, housing
and the enjoyment of cultural activities.

36. The Committee
recommends that the State party take effective measures to prevent and eliminate
discrimination on the grounds of religion or belief in the recognition, exercise
and enjoyment of human rights and fundamental freedoms in all fields of civil,
economic, political, social and cultural life. The Committee recommends that the
State party make every effort to enact or rescind, where necessary, legislation
to prohibit any such discrimination, and take all appropriate measures,
including public education campaigns, to combat intolerance on the grounds of
religion or other belief. The Committee endorses the recommendations made by the
Special Rapporteur on the question of religious intolerance following his visit
to the State party (E/CN.4/1996/95/Add.2) and recommends that the State party
implement them fully.

Protection from torture, inhuman or degrading
treatment or punishment

37. In light of article 37 (a) of the Convention, the
Committee is seriously concerned that persons who committed crimes while under
18 can be subjected to corporal punishment under Note 2 of article 49 of the
Islamic Penal Law, or can be subjected to a variety of types of cruel, inhuman
or degrading treatment and punishment such as amputation, flogging and stoning,
which are systematically imposed by judicial authorities. Concurring with the
Human Rights Committee (CCPR/C/79/Add.25), the Committee finds that application
of such measures is incompatible with the Convention.

38. The Committee
recommends that the State party take all necessary steps to end the imposition
of corporal punishment under Note 2 of article 49 of the Islamic Penal Law and
the imposition of amputation, flogging, stoning and other forms of cruel,
inhuman or degrading treatment and punishment to persons who may have committed
crimes while under 18.

5. Family environment and alternative care

Violence/abuse/neglect/maltreatment

39. In light of articles 19 and 39 of the Convention,
the Committee is concerned that legislation provides for corporal punishment
within the family, under Note 2 of article 49 and article 59 of the Islamic
Penal Law and article 1179 of the Civil Code.

40. The Committee
recommends that the State party take legislative measures to prohibit all forms
of physical and mental violence against children, including corporal punishment
and sexual abuse, in the family and in the schools. The Committee recommends
that these measures be accompanied by public education campaigns about the
negative consequences of ill-treatment of children. The Committee recommends
that the State party promote positive, non-violent forms of discipline as an
alternative to corporal punishment, especially in the home and the schools.
Programmes for the rehabilitation and reintegration of abused children need to
be strengthened. Moreover, adequate procedures and mechanisms need to be
established to: receive complaints; monitor, investigate and prosecute instances
of ill-treatment; and ensure that the abused child is not victimized in legal
proceedings. The Committee recommends the training of teachers, law enforcement
officials, care workers, judges and health professionals in identifying,
reporting and managing cases of ill-treatment. Attention should be given to
addressing and overcoming socio-cultural barriers that inhibit victims from
seeking assistance. The Committee recommends that the State party seek
assistance from UNICEF and WHO, among others.

6. Basic health and welfare

Children with disabilities

41. While there are support mechanisms for the care of
children with disabilities, the Committee is concerned that inadequate efforts
has been made to include such children in mainstream society.

42. The Committee
recommends that the State party review existing policies and practices in
relation to children with disabilities, taking due regard of the Standard Rules
on the Equalization of Opportunities for Persons with Disabilities (General
Assembly resolution 48/96) and of the Committee's recommendations adopted on its
day of general discussion on children with disabilities (CRC/C/69) and ensure
that they enjoy all the rights contained in the Convention. The Committee
encourages the State party to make greater efforts to promote community-based
rehabilitation programmes and inclusive education. The Committee encourages the
State party to undertake greater efforts to make the necessary resources
available, and to seek assistance from UNICEF, WHO, and relevant NGOs, among
others.

Right to health and health care

43. Noting the significant achievements made in the
area of child health, the Committee is however concerned at the insufficient
information available in relation to adolescent health, including on
reproductive health services, STD and HIV/AIDS prevention programmes,
counselling services and substance abuse.

44. The Committee
recommends that the State party undertake a comprehensive study to determine the
nature and extent of adolescent health problems, with the full participation of
adolescents, and use this as a basis to formulate adolescent health policies and
programmes. In light of article 24, the Committee recommends that adolescents
have access to and be provided with reproductive health education and
child-friendly counselling and rehabilitation services. The Committee recommends
that the State party seek assistance from UNICEF and WHO, among others.

Right to an adequate standard of living

45. The Committee is concerned about large numbers of
children living and/or working on the streets, particularly in urban centres
such as Tehran and Isfahan, who are amongst the most marginalized groups of
children in Iran.

46. The Committee
recommends that the State party establish mechanisms to ensure that these
children are provided with identity documents, food, clothing and housing.
Moreover, the State party should ensure that these children have access to
health care; rehabilitation services for physical, sexual, and substance abuse;
services for reconciliation with their families; comprehensive education,
including vocational and life-skills training; and legal aid. The Committee
recommends that the State party seek assistance from UNICEF, among
others.

7. Education, leisure and cultural activities

Aims of education

47. Noting significant efforts by the State party to
improve education coverage, the Committee is concerned that the aims of
education as presented in paragraphs 150-152 of the report do not adequately
reflect the aims outlined in article 29 of the Convention, particularly in
regard to the development and respect for human rights, tolerance, and equality
of the sexes and religious and ethnic minorities.

48. The Committee
recommends that the State party take due regard of the aims of education laid
down in article 29 and consider introducing human rights, including the
Convention on the Rights of the Child, into the school curricula, including at
the primary school level. The Committee encourages the State party to seek
assistance from UNICEF, UNESCO and relevant NGOs, among others.

8. Special measures
of protection

Unaccompanied, asylum-seeking and refugee
children

49. The Committee is concerned that many refugee
children remain unregistered, which limits their ability to fully utilize social
services, including schools.

50. The Committee
recommends that the State party: ratify the 1954 Convention relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness; set up a central system of registration and monitoring of
refugees in order to provide accurate statistics, and clarify the status of
refugees; adopt special measures to deal with unaccompanied children; entertain
requests for family reunification in view of its impact of the possibility of
resettlement in third countries of asylum; and review discriminatory employment
policies (i.e. issuance of work permits) which affect the capacity of refugee
families, particularly Afghan refugees, to support themselves. The Committee
encourages the State party to continue and expand its cooperation with
international agencies, including UNHCR and UNICEF.

Economic exploitation

51. The Committee is concerned at the large numbers of
children involved in child labour, especially in the informal sector, such as
household enterprises and agriculture, many of whom are working in hazardous
conditions.

52. The Committee
recommends that the State party raise the age for the end of compulsory
education to the minimum age of admission to employment as set out under article
79 of the Labour Act. Employers should be required to have and produce on demand
proof of age of all children working on their premises, and the State party
should vigorously pursue enforcement of minimum-age standards. In light of the
State party's assertion that child labour legislation is in conformity with ILO
standards (CRC/C/41/Add.5, para. 4), the Committee encourages the State party to
ratify the ILO Conventions concerning child labour, including the Convention
concerning the Minimum Age for Admission to Employment (No. 138), and the
Convention concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labour (No. 182). The Committee recommends that the
State party seek assistance from ILO, among others.

Administration of juvenile justice

53. The Committee is concerned that persons under 18
may be prosecuted for crimes in the same manner as adults, without special
procedures; are potentially liable for the same penalties as adults; may be
subject to deprivation of liberty without due process under article 49 of the
Islamic Penal Law; and, apart from facilities in some large cities, may be held
in detention with adults. Furthermore, the Committee is concerned that the right of
juvenile delinquents to protective and rehabilitative measures is not
guaranteed.

54. The Committee
recommends that the State party establish a system of juvenile justice, fully
integrating into its legislation and practice the provisions of the Convention,
in particular articles 37, 40 and 39, as well as other relevant international
standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
and the Vienna Guidelines for Action on Children in the Criminal Justice System.
Particular attention should be paid to ensure that deprivation of liberty is
only used as a measure of last resort, children have access to legal aid, and
that children are not detained with adults. Facilities and programmes for the
physical and psychological recovery and social reintegration of juveniles should
be developed. The Committee recommends that the State party seek assistance from
OHCHR, the Centre for International Crime Prevention, the International Network
on Juvenile Justice, and UNICEF through the Coordination Panel on Juvenile
Justice, among others.

9. Dissemination of the reports

55. Finally, the
Committee recommends that in accordance with article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion and the
concluding observations adopted thereon by the Committee following its
consideration of the report. Such a document should be widely distributed in
order to generate debate and awareness of the Convention and its implementation
and monitoring within the Government, the Parliament and the general public,
including concerned NGOs.

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