Committee on the Rights of the Child
Combined fifth and sixth periodic reports submitted by the Islamic Republic of Iran under article 44 of the Convention, due in 2021 * , **
[Date received: 31 October 2023]
List of abbreviations
CCCivil Code
CAPAChild and Adolescent Protection Act
FPAFamily Protection Act
CPCCriminal Procedure Code
Conferral of Nationality ActConferral of Nationality to Children of Marriages of Iranian Women with Non-Iranian Men Act
EFNRegulations Regulation on Educating Foreign Nationals
Cyberspace Protection ActProtection of Children and Adolescent in Cyberspace Act
Organization of PrisonsOrganization of Prisons and Provisional and Corrective Measures
IROPImplementing Regulation of the Organization of Prisons and Provisional and Corrective Measures
PUISCAProtection of Unsupervised and Improperly Supervised Children and Adolescent Act
PCICProtection of Children against Insecure Cyberspace
IBOIslamic Republic of Iran Broadcasting Organization
VPWFAVice Presidency for Women and Family Affairs
FARAJALaw Enforcement Command of the Islamic Republic of Iran
IIDCAInstitute for Intellectual Development of Children and Young Adults
PFMAAct Amending the Population and Family Management Act
Working Hour Reduction Act, WHRAWorking Hour Reduction of Working Women with Special Conditions Act
SEOSpecial Education Organization
EPFAEmployment of the Police Force Act
ERGAEmployment of Revolutionary Guards Act
IPCIslamic Penal Code
INSOIran’s National Standards Organization
The CharterCharter of Citizen’s Rights
Introduction
1.The Islamic Parliament of Iran ratified the Convention on the Rights of the Child (CRC) on February 20, 1994. The Reservation made to the CRC clarifies that the legal provisions of the CRC are binding for the Islamic Republic of Iran (I.R.I) to the extent that they are compliant with Sharia standards and domestic laws. In 2010, the Council of Ministers designated the Ministry of Justice as the “National Body on the Convention on the Rights of the Child” (NBCRC).
2.NBCRC thereby became the main organ responsible for the monitoring, implementation, oversight and preparation of periodic reports. The NBCRC in implementing Article 44 of the CRC prepared the fifth and sixth periodic report in collaboration with sixty‑four representatives of governmental agencies responsible for the protection of the interests of the child (including ministries as well as institutions of the judiciary and the executive branch). The comments of Non-Governmental Organizations (NGOs) and the Concluding observations of the Child Rights Committee on the third and fourth periodic report were accorded due consideration in the preparation of the fifth and sixth periodic report.
3.New Legislation: In the period covered by the fifth and sixth periodic report, and with object of protecting the rights of children, a number of laws have been enacted in the Islamic Republic of Iran, the most notable of which are the following:
(a)Act Acceding to the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (2001);
(b)Act Acceding to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2007);
(c)Criminal Procedure Code (CPC, 2013);
(d)Islamic Penal Code (IPC, 2013);
(e)Comprehensive Plan of Action for Child Rights in 2025 Horizon (Coordinating Council of the National Body for Child Rights Convention) (2016);
(f)Charter of Citizen’s Rights (2016);
(g)Regulations on Educating Foreign Nationals (EFN Regulations) (2016);
(h)Conferral of Nationality to Children of Marriages of Iranian Women with Non‑Iranian Men Act (Conferral of Nationality Act) (2019);
(i)Family Protection Act (FPA, 2013);
(j)Child and Adolescent Rights National Document (adopted by the Supreme Council for Cultural Revolution, 2021);
(k)Implementing Regulation of the Organization of Prisons and Provisional and Corrective Measures (IROP), (2021);
(l)Protection of Children and Adolescent in Cyberspace National Document (Cyberspace Protection National Document) (2021);
(m)Child and Adolescent Protection Act (CAPA, 2020) and Implementing Regulation of Article 6 of CAPA (2021).
4.Monitoring and Oversight of the Agencies in the Field of Interests of the Child: The “National body of the Convention on the Rights of the Child” bear responsibility for continuous monitoring and oversight of the situation of the rights of the Child in the I.R.I. Their duties are prescribed by Article 2(b) of NBCRC Regulation and Article 50 of Implementing Regulation of Article 6 of the CAPA adopted in 2021 respectively. The “Cultural and Social Working Group of Women and Family and Health” is likewise the provincial level focal point for the protection of the interests of the child as stipulated by Article 50 of the aforementioned Implementing Regulation.
5.Resources and Financial Credit: In accordance with Article 54 of the Implementing Regulation of the CAPA, the “Planning and Budget Organization” is tasked with the carrying out of the financing of the implementation of the provisions of the Implementing Regulation and the allocation of resources to the respective agencies.
6.In the 2021 State Budget Act, a sum of 5.430 billion Tomans of credit has been allocated for the purpose of preventive, control, and social harm reduction programs and activities at the national level, including the protection of working and street children. This sum of credit has increased by 7.61 percent compared to the approved credit for this section in the State Budget Act of 2020. 691 Billion Tomans of credit has been allocated to the organization of working and street children and protection of unsupervised children as well as other vulnerable children. This sum of credit has increased by 25 percent compared to the approved credit for this section in the State Budget Act of 2020. Out of the total credit allocated to this section, 81 percent is allocated to the protection of children and adolescents covered by the State Welfare Organization. This program is composed of 19 activities, among which the “Program for Organizing Street Children (113 billion Tomans) and Protection of Working Children” (14 Billion Tomans) is noteworthy. The sum of 100 Billion Tomans of credit is also allocated to organize working and street children and protection of individuals with disabilities.
7.Obstacles and Challenges: In spite of the existence of the national will for advancing in the direction of the complete realization of the rights of the child, which is most notably illustrated by the adoption of the Law on the Protection of Children and Adolescent, which fully covers individuals under the age of 18 and seeks to comply with international obligations in the field of the rights of the child, there are challenges along this path. The most notable of these challenges are as the following items:
(a)The aggravation of the sanctions and the unilateral coercive measures of the United States and its European allies against the Islamic Republic of Iran. As the UN Special Rapporteur communicated in respect of the negative effects of the unilateral coercive measures against Iran, the complex set of unilateral sanctions against Iran, coupled with secondary sanctions against third persons and institutions, over compliance with sanctions and adoption of risk elimination policies by some companies and financial institutions has exacerbated the existing human and economic challenges and has had a negative impact on people’s lives, including the most vulnerable members of society, i.e. children. For example, sanctions on pharmaceuticals and the life-saving medical equipment sectors have prevented the entry of drugs needed by cancer, thalassemia, hemophilia, MS, epidermolysis bullosa (EB), autism and certain types of diabetes patients;
(b)The COVID 19 pandemic and the health and economic subsistence issues;
(c)Crises in bordering countries especially the recent developments and the sharp increase in the wave of migrants and refugees have all affected the financial endowments of the government as well as the realization of the Economic, Social and Cultural rights;
(d)Effecting cultural reforms based on the adoption of new laws takes time for the reason of broad cultural, ethnic and religious diversity of the I.R.I.;
(e)The development of Information Technology and Communication and the ensuing access of the children to content which is deemed inappropriate based on the age of the children has been among the factors negatively impacting the observance of the rights of the child. In spite of this and all the aforementioned limitations, Iran has advanced towards the full realization of the CRC and has implemented noteworthy measures in both the normative and structural aspects. Accession to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2007, along with presenting the Child Rights Committee with the first report pertaining to that instrument in 2021, as well as the adoption of the CAPA (2020) and Implementing Regulation of Article 6 of CAPA (2021) have been among the most notable measures on the international level.
I.The foundations and basic rights
A.Definition of the Child (Article 1)
8.Responding to paragraph 27 of CRC/C/IRN/CO/3-4, in accordance with CAPA Article 1, all individuals under the age of 18 are covered by the special protections of the law. The aforementioned law has determined that individuals aged 9 to 18 are officially recognized as adolescent.
9.In accordance with paragraph A of Article 1 of the NBCRC regulations, adopted in 2011, child means any individual under the age of 18.
B.General principles (Articles 2, 3, 6 and 12)
Non-discrimination
10.In connection with paragraph 30 CRC/C/IRN/CO/3-4, the following measures have been taken:
(a)Article 2 (7) Implementing Regulation of CAPA recognizes equal treatment without discrimination in terms of color, race, religion, language, health, gender, ethnicity, nationality, family status, and the like, to all children under the age of 18;
(b)Paragraph 1 of Strategy A of the Comprehensive Plan of Action on the Rights of Child and Adolescent (a national roadmap for 2025 horizon embarks on the “prohibition of discrimination against children” and prepared the plans for its realization;
(c)Article 4 of the “Charter of Citizen’s Rights” (The Charter) approved (2016) emphasizes the right of children to be free from discrimination. The Charter prohibits all forms of discrimination especially in regard to the citizens’ access to public services such as health and education. The Charter, moreover, obliges the government to refrain from any action that results in further inequality of social class, unfair discrimination and deprivation of citizens’ rights;
(d)In accordance with Article 21 of the Conferral of Nationality Act (adopted in 2020), children whom their nationality has been recognized through the application of the “Conferral of Nationality Act” have all the rights and obligations of Iranian citizens;
(e)Responding to the recommendation contained in paragraph 61 of CRC/C/IRN/CO/3-4, inheritance rules are founded on the principle of autonomy of will, and individuals can change the rules of inheritance without discrimination and through the institution of solh or vasiya. Therefore, an individual may divide his or her estate among the inheritors according to his/her will; in this regard, there is no difference between sons and daughters.
Provision of the best interests of the Child (Article 3)
11.The Section on “Core Values” in the national roadmap 2025 horizon has prioritized “respecting the best interests of the child” in compilation of all provisions of the Comprehensive Plan of Action for Child Rights in 2025 Horizon (2016). All measures taken by governmental and non-governmental institutions acting in response to this Plan and in respect of measures affecting children should be based upon an evaluation of the ensuing impact on children and their interests.
12.FPA (Article 45) deems it necessary to respect the interests of children in all decisions of courts and executive authorities. In addition, the court is obliged to prioritized the best interests of the child in all proceedings during and after divorce with regards to all matters related to the guardianship and custody of the child, as well as with reference to determining the manner of visitations by the parent who does not live with the child (Articles 29, 41 to 43).
13.According to the “CAPA”, judicial authorities are required to consider the interest of the child in their decisions, including in the cases of guardianship and protection of the child in precarious situations and the determination of an appropriate corrective measures by the court for the child acting in breach of law (Articles 36, 40, 42).
14.Respecting the interests of child and adolescents is also emphasized in the following provisions:
(a)Articles 71, 287, 414 and 523 of the CPA.(2014);
(b)Paragraph b and note 3 of paragraph c of the Article 88 and Article 354 of the Islamic Penal Code (2013);
(c)Note 1 to paragraph 6 of Article 8, note to Article 15, and Articles 23, 25 and 31 of the “Protection of Unsupervised and Improperly Supervised Children and Adolescent Act” (PUISCA). (2013);
(d)Paragraph d of Article 1, note 2 to Article 4 and Article 8 of the Implementing Regulation of Article 36 of the PUISCA;
(e)Article 2 (a), Art. 262 and it’s note of IROP (2021);
(f)Article 40 of the Guideline on the Formation and Operation of Family Counseling Centers (2018);
(g)Articles 23 and 66 of the Implementing Regulation of FPA (2015)
15.With regard to the recommendation contained in paragraph 61 of CRC/C/IRN/CO/3‑4, based on Article 313 of the Non-Litigious Jurisdiction Act if there is a minor individual among heirs, the division shall be subject to the supervision of courts and in accordance with the Civil Code of I.R.I.
The Right to life, survival and development (Article 6)
16.In order to realize the right to life before the birth of the child, the IPC has criminalized crimes against the fetus and aborting the fetus life.
17.Paragraph 2 of Strategy A of the national roadmap 2025 horizon has embarked on the “right to life, survival and development of the child” and determined its programs, activities and measurement indicators.
18.Article 76 of the Sixth Development Program Law (2017–2021) the government has become obliged to provide for the health of the mother and the child and improve maternal and infant mortality rate indicators in accordance with the following table and via respecting the general policies on population control.
|
Title |
Unit |
2017 |
2018 |
2019 |
2020 |
2021 |
|
Decrease in maternal mortality rate |
Per hundred thousand births |
18 |
17 |
16.5 |
16 |
15 |
|
Decrease in infant mortality rate (1 – 59 months) |
Per thousand surviving births |
15.6 |
14.4 |
13.3 |
12.3 |
11.3 |
|
Increase in percentage of natural birth |
Percent |
53.5 |
54.5 |
55.5 |
56.5 |
57.5 |
|
Decrease in consequences of pregnancy, abortion, and birth |
Per thousand surviving births |
7.6 |
7.2 |
6.8 |
6.5 |
6.2 |
19.In connection with paragraph 37 CRC/C/IRN/CO/3-4, in cases of intentional murder where the punishment of qisas is not enforceable, the perpetrator of intentional murder is sentenced to imprisonment for a period of 3 to 10 years in respect of the public aspects of the aforementioned crime (Article 612 of the IPC). Also, in the amendment of Article 612, a Bill titled “Determining appropriate punishment for fathers and grandfathers who commit child murder” was prepared by the Vice Presidency for Women and Family Affairs (VPWFA) and the Department of Legal Affairs, which is now going through the approval process in the parliament. In this bill, the murder of a child under 18 years by the father is considered an aggravated punishment. In addition, under the aforementioned bill the punishment for the perpetrator (i.e., father or grandfather) has been increased to a period of 5 to 10 years in prison, and the bill further stipulates restrictions on guardianship or custody of other children.
20.Responding to the committee’s request in paragraph 38 of CRC/C/IRN/CO/3-4 in regard to the provision of punishment appropriate to honor killings, it should be noted that the Penal Code does not grant immunity from punishment for the crime of murder. In cases of murder, and where retribution is not enforceable, the perpetrator will be sentenced to 3rd degree imprisonment (Article 612 of the Islamic Penal Code 1996). If the victim is the wife, child, father, or mother of the perpetrator, the punishment will be aggravated and will be changed to 2nd degree imprisonment. Additionally, the 2nd degree imprisonment will not benefit from any of the mitigating institutions of IPC. It is worth noting that according to Article 19 of the Islamic Penal Code, 3rd degree imprisonment is more than 10 to 15 years and 2nd degree imprisonment is more than 15 to 25 years.
21.Likewise, legal provisions covering all forms of maltreatment, violence or crime against women are stipulated in the “Bill on Improving of Women Safety” and approved by the Parliament (2023).
22.The following actions have been taken with regards to paragraphs 39 and 40 of CRC/C/IRN/CO/3-4:
(a)The mine clearing operation on the land bordering Iraq was started by the army and IRGC immediately after the end of the war in 1988, and this operation was entrusted to the Ministry of Defense and Armed Forces Logistics with the establishment of a specialized mine clearing center in 2003. Despite many consultations due to the imposition of political, economic and technical sanctions, this center has not received any specialized assistance and equipment from other countries in the field of demining. In spite of this, through relying on the ability of its engineers and a knowledge-based company, it has designed and produced the “Integrated Mine Operation Information Management System” with different goals and capabilities;
(b)This center has discovered and destroyed more than 20 million types of landmines and more than one million types of unexploded ordnance, including bombs, bullets, mortars, and grenades; Apart from the activities concentrated in the border areas, during the past years, about seven thousand emergency operations were carried out in cities, villages and agricultural lands by the provincial stations of the aforementioned center. As a result of these operations, about 80,000 non-functional mines and bullets and 176 non-functional bombs were discovered and destroyed;
(c)Overall, from 1988 to present, 8445 individuals from border areas in contaminated provinces were victims of landmines, of which 2516 people were killed and 5929 were injured;
(d)Other international undertakings of this center include the establishment of the “Humanitarian International Mine Action Training Center” training complex, with the purpose of improving the scientific level of humanitarian demining activities in 2018 and providing scientific assistance to other countries facing the same issues. Likewise, among other noteworthy activities of the Center are the establishment of the “Commission for Joint Cooperation for Demining between Iran and Iraq”, the signing of a memorandum of understanding on cooperation between the “Iran Mine Action Center” and the International Committee of the Red Cross, the attendance of the annual international meeting of national demining heads and UN advisors in Geneva by the Center’s representatives on the annual World Mine Awareness and Action Day is marked on April 4th every year;
(e)The extensive demining operations and measures of the center resulted in a decrease in human casualties in 5 contaminated western and southwestern provinces to 6deaths and 16 injuries in 2020. (For more information, refer to the Part 1 of Annex 2).
Respecting the views of the Child (Article 12)
23.On the issue of respecting the views of the child the following points deserve due consideration:
(a)Responding to paragraph 42 of CRC/C/IRN/CO/3-4, In the FPA, the right of the child to be heard in all family cases of guardianship and care of the child before courts is stipulated. These provisions include judicial decisions related to the custody and maintenance of the child after the separation of the parents or visitations from parents. In this connection, it is anticipated that the court will make a decision respecting the best interest of the child. In determining best interest of the child, the court will hear the views of the child, especially through the relevant expert. Finally, the court will make a decision on the basis of the views of the child voiced through the relevant social workers. Articles 29, 41, 42 and 43 of the FPA embark on this issue.
(b)The Charter, in Article 109, recognizes the right of all students to have their personality and dignity respected and to express their opinions on issues related to their lives; students have the right to have their opinions heard and taken into account.
(c)Paragraph 6 of Strategy A of the “national roadmap 2025 horizon” embarks on the “right of the child to be heard”. The National Roadmap has identified the programs, activities and indicators for measuring the realization of “right of the child to be heard”.
(d)Responding to paragraph 41 of CRC/C/IRN/CO/3-4,On the issue of respecting the views of children in school, the “Implementing Regulation for Schools” (2000) states in paragraph 5 of article 3, that the “Student Council” is one of the pillars of school and one of the available tools for children to express their views and participate in student affairs in school. According to Article 19 of this regulation, the student council is intra-school community and the members of the council are formed by the students of the same school and participate in the decisions related to the students.
(e)According to paragraph A of Article 30 of the CAPA, judicial authorities, in the framework of hearing a child’s lawsuit stating that he is a victim of a crime, initiate the filing of a case and prosecute the matter. Moreover, in accordance to Paragraph A of Article 32, in the preliminary investigation stage of the dangerous situation of the child, the child’s views are also heard by social workers. The principles of interaction with victimized and at‑risk children and adolescents have been stipulated (Implementing Regulation of CAPA, Article 2, paragraph 8). Among the aforementioned principles are the participation of children and adolescents in affairs related to them and respecting the views of the child and adolescent.
(f)Article 415 of the CPC emphasizes the right of a child in conflict with the law to express his or her views in a position of defense. Article 417 places emphasizes the right of a child to be heard in lawsuit for damages caused by a crime.
II.Civil rights and freedoms (Articles 7–8 and Articles 13–17)
A.Name, identity and identification of parents (Article 7)
24.Article 993 (1) Civil Code places emphasis on the necessity of registering the birth of every child.
25.According to Article 17 of the Civil Registration Law, if the child’s parents are not known, identity documents will be issued for him and a hypothetical name will be entered in the parent’s name field; in order to maintain confidentiality, the issue of being hypothetical will not be mentioned in the identity document. According to Article 45, whenever the identity of a person is doubted and the necessary documents are not provided to prove it, the matter will be referred to the relevant authorities for proof of identity.
26.Responding to paragraph 7 of CRC/C/IRN/CO/3-4 of the second country report and emphasizing paragraphs 42–47 of the third and fourth report, the following items have been stipulated in the laws:
27.Responding to paragraph 44 of CRC/C/IRN/CO/3-4, the following laws have been enacted:
(a)Individuals who make false statements in the declaration of birth or death or identity shall be imprisoned for a period ranging from 91 days to one year or shall be ordered to pay a fine ranging from 20,000,000 to 70,000,000 Tomans or shall both sentenced and fined (Amending Article 2 of the Offenses, Crimes and Punishments Act in regard of registry and birth certificates, 1989).
(b)Failure to register the event of birth or failure to obtain registration or identity documents for a child or adolescent without a valid excuse is deemed to be in the category of deemed “precarious situations” that may lead to intervention and legal protection of the child or adolescent (Article 3(f), CAPA).
(c)Ministry of Interior is obligated to cooperate with the relevant agencies to identify children and adolescents, whether Iranian or foreign, who lack registration or identity documents (Article 6 (d) CAPA). Furthermore, the Ministry shall act to introduce these individuals to supporting, educational, therapeutic or judicial institutions, as the case may be, for measures effecting support.
28.Responding to paragraph 43 of CRC/C/IRN/CO/3-4, all foreign nationals residing in Iran, whether legal or illegal or refugee are accorded the right to education (Act Amending the Implementing Regulation on the Manner of Educating Foreign Nationals, 2016). Thus, based on Iranian laws regulations, access to basic services including education is not premised on obtaining a birth certificate.
B.Nationality (Article 7)
29.Every Iranian individual has an inalienable right to the Iranian nationality and the government may not deprived any Iranian of his or her nationality (Islamic Republic of Iran Constitution, Article 41). Foreign nationals may, through compliance with legal disciplines, be accepted as Iranian citizens.
30.The rules for the right to nationality have been stipulated. (Civil Code, Articles 976‑991). In this respect, Article 976 of the Civil Code enshrining the two approaches of “right of blood” and “right of soil” offers an exhaustive list of Iranian nationals in 7 paragraphs. The conditions for acquiring Iranian nationality by the nationals of other countries are stipulated in Article 979 and Article 988 has determined the conditions for Iranian nationals in respect of relinquishing their nationality.
31.The Charter (Article 47) stipulates that benefiting from the advantages of Iranian citizenship is an inalienable right of every Iranian person.
32.With the approval of the “Law Amending the Nationality Law” (2019) and the respective removal of the condition of becoming of 18 in order qualify for applying for Iranian nationality, Iranian nationality now covers all children born from marriages, where either parent is Iranian, including children that were born before the approval. The lack of official marriage registration will not prevent such a request from being processed. According to this law, all the children of Iranian women married to foreign men who have not become 18 years of age whether born before or after the approval of this law shall acquire Iranian nationality at the request of the Iranian mother.
33.According to Article 21 of the “Regulations of Nationality Law (2020), children whose Iranian citizenship has been recognized according to the law amending the “Nationality Law”, enjoy all the rights and have all the obligations of Iranian nationals.
34.Responding to paragraph 46 of CRC/C/IRN/CO/3-4, on the issue of provision of new statistics on the number of people who have acquired Iranian nationals through the amendment of the law, it should be noted that, since the approval of this law, approximately 80,000 people have been registered in the special system for children of Iranian mothers, and approximately 30,000 of this number are people under 18, of which 1,602 individuals have received birth certificates by June 2021.
C.Freedom of expression (Article 13)
35.The Charter of Citizens’ Rights enshrines the right to “freedom of thought and expression” for all citizens (Articles 25–29).
36.Paragraph 4 of Strategy A of the national roadmap 2025 horizon embarks on the “right to freedom of expression” and determines the programs, activities and indicators for measuring its realization.
D.Freedom of thought, conscience and religion (Article 14)
Legal measures
37.In response to paragraphs 49 and 50 of CRC/C/IRN/CO/3-4, the laws and regulations of the Islamic Republic of Iran state that all children should be free from discrimination :
38.The inquisition of opinions is prohibited and no one can be assaulted and impeached simply for having an opinion (Islamic Republic of Iran Constitution, Article 23). Children and adolescents belonging religious minorities recognized in the constitution enjoy the freedom to perform religious ceremonies and teachings as well as to conduct personal status affairs in compliance with their religion within the limits of the law (Islamic Republic of Iran Constitution, Article 13).
39.Paragraph 4 of Strategy A of the “national roadmap 2025 horizon” deals with “the right to freedom of opinion, conscience and religion”. This document has identified the programs, activities and indicators for measuring the realization of “freedom of thought, conscience and religion of the child”.
40.The Charter provides that no one has the right to cause the formation of ethnic, religious and political hatred in the minds of children, or to create violence in the minds of children against a particular race or religion through education or mass media (Article 110).
E.Freedom of association and freedom of peaceful assembly
41.The “student council” is an intra-school assembly as one of the decision-making pillars of schools (Article 3(5) of the Implementing Regulation of Schools, 2000). The purpose of forming the council is examining the manner of student part-taking in educational, training and executive affairs of the school as well as presenting proposal to the school principal, administering the Wall Newspaper, cooperating in administering schools’ library affairs, administering schools’ student cooperatives, cooperating in school disciplinary and sanitary affairs, cooperating in setting the school’s internal examination schedule, selecting a representative for case participation in student council and association of parents and instructors and offering proposals to the school principal in regard of encouraging students who have been active in the school executive affairs (Article 18).
42.Citizens have the right to formation, membership and participation in political parties and communities as well as social, cultural, scientific, political and trade union associations and non-governmental organizations subject to complying with the law (Charter of Citizens’ Rights, Article 43). No one can be prohibited from participation just as no one may be forced to participate. Membership or non-membership shall not lead to deprivation or restriction on the exercise of citizenship rights. Citizens have the right to effective participation in policy‑making, decision-taking and implementation of the law in the framework of unions, associations, and trade unions (The Charter, Article 44). It is the right of citizens to act in respect of forming and participating in assemblies and protests subject to complying with the law (The Charter, Article 46). It is the right of all citizens to form their own social, cultural and artistic associations and organizations while enjoying participation and presence in public spaces and centers (The Charter, Article 103).
F.Prohibition of arbitrary or unlawful interference with the privacy, family, home or correspondence of the child (Article 16)
43.According to Article (1) paragraph 4 of the “Manual for Identifying and Separating Information Related to Privacy and Personal Information from Public Information” (2018) by the Ministry of Culture and Islamic Guidance, information about children such as their photos, movies, audio recordings or records are considered to be among the most important examples of privacy. Additionally, according to article 4 paragraph(17), photos, movies, notes and voice of children are among the most important personal identity data.
44.Anyone who discloses the identity or information and secrets of a child, who is victimized or in a precarious situation or discloses the details of a crime committed by or against a child through mass media or by distributing, duplicating, publishing and showing films or images and the like, will be punished (CAPA, Article 19). Questions and investigations should be limited to the subject under investigation (CAPA, note to Article 32). Likewise, adequate care should be taken to prevent the publication and disclosure of the child’s information by social workers. Also, note to Article 6 of Implementing Regulation of CAPA deals with the case of a disclosure of the credentials of an at-risk or victimized child or adolescent by social workers of emergency centers for social services.
45.The requirement of respecting the views and privacy of persons and confidentiality of information has been enshrined in law. (IROP, Article 2, paragraph g, 2021).
G.Violence against children (Articles 19, 24, 28 (3), 34 (2), 37 (a), and 39)
46.In connection with paragraph 54 of CRC/C/IRN/CO/3-4 and in line with the general comment No. 13 of the committee, the following measures have been taken:
(a)When a child is in a “precarious situation”, as define in Article 3 of CAPA, measures of “intervention” and “legal protection” can be taken. Also, in the event that welfare social workers are informed that a child is in a precarious situation, they can invite the parents, guardians, legal supervisors or other persons related to the child in question in order to carry out investigations in the place of residence, work, or education of the child and take the necessary measures accordingly (CAPA, Article 32);
(b)Where a severe and imminent danger threatens the child or in the event that the child is in a precarious situation and it is probable that a child will become the victim of a crime, welfare social workers or the justice support unit and law enforcement officers have the duty to act promptly in order to alleviate the danger and risks and prevent the perpetration of the crime as well as, as the occasion may arise, take the child away from the precarious environment, transferring him to welfare or other related centers (CAPA, Article 33).
47.Responding to paragraph 57 of CRC/C/IRN/CO/3-4, any harassment, sexual abuse, sexual exploitation, force Pornography or sexual abuse of a child or adolescent by incest or anyone against a child is deemed a punishable crime (CAPA, Article 10). The law criminalize other instances of violence against children (CAPA, Articles 7–16), (To see the CAPA Articles and its Implementing Regulation, refer to Annex 1).
48.In 2007, the Islamic Republic of Iran joined the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (Optional Protocol) (without making a reservation) and ratified it in the Islamic Parliament of Iran. Acting in accordance with Article 12paragraph(1) of the Protocol, the Islamic Republic of Iran submitted its first report on the implementation of the provisions of the Protocol. This report contains the information and data about the measures taken for the implementation of the principles of the Convention and the Optional Protocol.
Corporal punishment
Legal measures
49.Responding to paragraphs 55 and 56 of CRC/C/IRN/CO/3-4, any maltreatment and inattention and negligence is explicitly prohibited and punishable according to Articles 3(d), 8, 9 and 10 of the CAPA and Article 158 of the IPC. Additionally, Any “physical punishment” that is beyond “discipline and protection” of children and is subject to the IPC is prohibited and punishable.
50.Responding to paragraph 55-56 of CRC/C/IRN/CO/3-4, according to Article 77 of the Disciplinary Regulations of Students (2000), it is prohibited to employ any punishment against children such as insults, physical punishment and assigning homework for punishment.
Practical measures
51.The SWO has taken the following measures:
(a)Provision of a comprehensive support program to ensure physical and mental health of the child and support for children kept in care centers against domestic violence or abuse and ensuring access to skills, educational and professional opportunities;
(b)Provision of self-care training to eradicate corporal punishment and other forms of violence against children;
(c)Organization of training courses for the relevant families with the aim of continuously promoting non-violent relationships, and training of parents, child caretakers and those working in the field of child about avoiding resort to violence.
52.Ministry of Education implemented the following measures:
Responding to paragraph 55 and 56 of CRC/C/IRN/CO/3-4, the Ministry of Education has acted in respect of carrying out the comprehensive initiative on reducing aggression in schools and prohibiting all forms of aggression, whether physical, verbal or behavioral. The “General-Directorate for Evaluation of Practice and Responsiveness to Complaints of the Ministry of Education” is designated as the official authority for investigating student and parental complaints.
Protection against harmful traditional practices
Female genital mutilation (FGM)
Legal measures
53.In connection with paragraph 60 of CRC/C/IRN/CO/3-4, Iran’s Islamic Penal Code have criminalized all instances of harm and injury to women’s sexual organs. Article 664 of the IPC stipulates that the cutting and destruction of each of the two genitals of a woman amounts to half of the full dowry of the woman, and the cutting and destruction of a part of it amount to a proportional dowry.
Practical measures
54.Holding educational workshops in 2017 by the VPWFA in order to educate traditional midwives as well as mothers and daughter about the negative consequences of FGM on girls’ health.
Early and forced marriage
Legal measures
55.In relation to paragraph 28 of CRC/C/IRN/CO/3-4, the following can be mentioned:
Articles 1064 and 1070 of the of the Civil Code (CC) enshrine the principle that the validity of the marriage contract rests on the “intention” and “free consent” of the man and woman in question.
56.Article 1041 of CC that validity of the marriage of girls under the age of 13 and the marriage of boys under the age of 15 is subject to the following three conditions:
(a)Father’s permission;
(b)Respect for the best interest of the child;
(c)And the approval of this expediency by the court.
57.Responding to paragraph 59 of CRC/C/IRN/CO/3-4, it is noteworthy that according to paragraph 16 of the FPA of 1974 (currently in force), marriage to more than one spouse, whether permanent or temporary, is permitted only under the special conditions stipulated in Article 16. Moreover, according to Article 17, where a married man remarries without the permission of the spouse, he shall be sentenced to prison.
58.In response to clause B and C of paragraph 60 CRC/C/IRN/CO/3-4, If a person marries a girl under the age of 13 without complying with the three conditions set out in Article 1041, he will be sentenced to prison, and at the same time, if this marriage causes damage to the girl’s body and mind, the husband is required to compensate her (FPL, Article 50). Moreover, the duration of his prison sentence will be increased accordingly. If the girl’s parents, her legal guardian or the person in charge of her maintenance, are assist or participate in the illegal marriage, they will be sentenced to appropriate criminal penalty (FPL, Article 50). In the event that a notary registers a marriage that violates Article 1041 of the Civil Code, he/she will be criminally prosecuted (FPL, Article 56).
59.The Bill on “Preventing Women’s Harm & Improving Security Against Abuse” criminalizes the act of forcing a marriage upon girl by her father or legal guardian.
60.Responding to Paragraph 58 of CRC/C/IRN/CO/3-4 (regarding raising the minimum age of sexual consent), it should be noted that this recommendation is contradictory to the national laws of the Islamic Republic of Iran, and thereby, is contradictory to Iran’s reservation to the Convention. Forced marriage is prohibited in the “Bill on Preventing Women’s Harm & Improving Security Against Abuse”; the guardian cannot abuse his authority. In Iranian law, intention and consent are conditions of a valid marriage. Marriage shall not cause harm to an individual, this being punishable by law. Furthermore, due to the fact that the Islamic Republic of Iran has not joined the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the provisions of CEDAW that are cited, as well as the joint interpretation with the Committee overseeing this Convention, are not binding in respect of Iran.
Practical measures
61.In accordance with the practical measures for the prevention of early marriage of children under the age of 15, two-page birth certificates are issued containing only personal and local information. Thus, no other event such as marriage is expected to be recorded in the two-page birth certificate. As such, the applicant for such a marriage must necessarily resort to the court system in order to obtain a modified birth certificate and a marriage license (i.e., a recommendation based on the growth of the child).
62.Responding to paragraph 59 of CRC/C/IRN/CO/3-4, it is noteworthy that the points raised in the observations lack evidence and precise data. Nevertheless, the NBCRC acting in the framework of the Comprehensive Plan of Action for the 2025 Horizon has identified the existing challenges in various provinces and has compiled and implemented various plans for the purpose of reduction of such harms.
63.Responding to Clause A of Paragraph No. 60, CRC/C/IRN/CO/3-4, It is noted that the SWO has taken the following actions toward improving public awareness about the harmful consequences of child marriage on children’s physical and mental health:
(a)Counselling and awareness improving services have been provided in an effort to eradicate traditional practices that are incompatible with the health of children, such as early marriage, forced marriage, and early pregnancy;
(b)In the 2017–2020 period, the VPWFA conducted several studies on the issue of child marriage and analyzed the issue from psychological, sociological and medical angles.
64.To see statistics related to marriage and divorce of under 18 years old, refer to Figure 7 of Annex No. 2.
Measures of rehabilitation for victims of violence
65.The Social and Crime Prevention Affairs Deputy of Judiciary has taken the following measures:
(a)Formation of the “National Committee for the Prevention of Violence” in 2014, and Compilation of the “Comprehensive Program to Control and Reduce Violence” in 2018; the system of monitoring, evaluation, investigation and data collection in the field of reduction of violence against children is carried out in the framework of this program. Among the measures endorsed by this program are modifying customary, cultural and traditional violent practices and attitudes towards children, informing the public, preventing violence against children, promoting values based on countering violence, supporting the inherent dignity of children and their physical and mental integrity, preventing violence and/or aggravation of violence among children themselves, prohibiting media violence against children, promoting child protection standards with the participation of media, private sector, civil society and non-governmental organizations;
(b)Compilation and implementation of the “Student Social Care System (NAMAD)”, in collaboration with nine institutions, organizations and institutions to monitor students’ risk status and evaluate information about the signs of abuse in children was compiled and recorded. This undertaking evaluates students and their families are in reference to indicators such as poverty, violence, child abuse, suicide, addiction and cyber space. So far, 8,500 family education instructors and 25,000 parents have participated in this course. In the framework of this program, children are given the necessary training regarding the prevention of violence against themselves, and, children portraying signs of problems of violence according to the NAMAD screening, receive psychological services and counseling. This program includes a complete process composed of the 4 stages of screening, training, treatment, and social assistance. Student resort to the services subsequent to being identified and categorized. There are 3 categories according to the intensity of the problem: a) at-risk, b) high-risk, and c) psychosocial emergencies;
(c)Equipping the existing counseling centers via creation of the line of NAMAD number 1570 as well as the requisite capacity building for the development of counseling and social work services in schools and the provision of specialized counseling services to families in more than 370 family guidance and counseling centers. (Figure 28, Annex No. 2).
66.The SWO has taken the following steps:
(a)The social emergency program is a mix of: a) interventions in individual, family and social crises, b) the social emergency hotline services (123), c) social emergency mobile team services and d) the social service centers in less developed areas. The essential feature of this program is the provision of social services that are specialized, timely and accessible. In 2018, 36% of the total admissions and provided services in social emergency centers were related to children exposed to violence and harm, (For more information about social emergency services, refer to Figure 5, Annex 2);
(b)The 123 hotline, operating 24/7 free services, receives reports related to violence against children. These children will be transferred to related centers for social and psychological support in the event that they diagnosed by teams of specialists and upon the issuance of a judicial order;
(c)Offering specialist counseling for in order to inform children/families/child‑caretakers about sexual abuse and aggression and prevention;
(d)Providing the required urgent and confidential legal assistance to children who are victims of violence in care centers;
(e)The Welfare Organization, acting in the framework of social work clinics, has carried out various measures, including rehabilitation activities for people who have suffered social harm in some way, such as girls running away from home and juvenile and youth delinquency. (Figure 6, Annex No. 2).
67.The Ministry of Health has taken the following measures:
(a)Creating a “comprehensive statistical sub-system for collecting information in the field of domestic violence, prevention, screening and intervention with regards to child abuse” in the electronic health service registration system (SIB);
(b)Implementation of the “program for the support and rehabilitation of child victims of violence” and organization of intervention sessions with parents in the field of family empowerment;
(c)Continuous implementation of the “Violence against children prevention program” for the employees of institutions and organizations whose work relates to child abuse prevention and control program.
68.Law Enforcement Command of the Islamic Republic of Iran (FARAJA) has implemented the following measures:
(a)Offering classes and training workshops with the cooperation of SWO on behavioral improvement, anger management and aggression aversion for employees on a seasonal basis;
(b)The continuous participation of police station employees, especially police patrols and judicial service employees, in pre-service training and in-service courses in the form of standard-making behavior improving courses on the subject of dealing and communicating with children, women, etc., and learning to respect their rights whether they are offenders, victims, witnesses or informants of crimes.
69.The Institute for Intellectual Development of Children and Young Adults (IIDCA) has implemented the following measures:
For the past 22 years, the IIDCA has hosted the International Storytelling Festival while endeavoring to advance in various fields including child interests protection promotion as well as the cultivation of reversion to aggression through the production and performance of various child-centered stories.
H.Family environment and alternative care (Articles 5, 9–11, 18 (1)(2), 20, 21, 25, and 27 (4))
Family environment and prohibition on the separation of the child from the family, except when due consideration is regarded to the interests of the child (Art. 9)
Legal measures
70.Article 3 of CAPA exemplify instances in which the child is deemed to be “at risk”; Article 9 of CAPA criminalizes any form of parental inattention in respect of the child; in Articles 10–13 criminalizes any form of sexual harassment or exploitation.
71.Acting in the best interest of the child, and next to sentencing the parents or legal guardians of the child, the court can refer the child to governmental and non-governmental supportive organizations and institutions, or restricts the rights related to visitation, custody and other forms of guardianship, or temporarily transfers the child to SWO (CAPA, Article 42).
72.In the event that regarding due consideration to the best interests of a victimized child, who is deemed to be at risk, requires making a decision regarding instances mentioned in Article 36 of CAPA.
73.Under all contrivances and measures to protect the child accord priority to avoiding the excommunication and estrangement of the family (CAPA, Article 46).
74.Neither one of the parents have the right to refuse to take care of the child during the time that they have the supervision of the child (CC, Article 1172). If one of parents refuses, the court will order the custody of the child to each one bearing the legal responsibly as a supervisor. If the order is impossible to carry out or ineffective, the court intervene in the matter of supervision.
75.In the event of the separation of parents, each parent has the right to pay visits to the child (CAPA, Article 41). It is deemed a crime if the person in charge of the custody of the child prevents the child from meeting with persons entitled to visit the child (CAPA, Article 54).
76.The “general policies on family” (2016( clarifies that “the family is at the heart of all laws and regulations, programs, executive policies and all educational, cultural, social and economic systems” (paragraph 2).
Practical measures
77.The SWO has taken the following measures:
(a)Cultivation of awareness and self-care in families about the consequences of separation of parents, domestic violence and other harmful parental behaviors imposed on the child;
(b)Organization of training and prevention about the consequences of lack of diligence or care of parents, other family members or caretakers of the child in respect of the needs of the child, especially in support and training centers for children and families under coverage;
(c)Provision of support packages to working mothers of families in need, including breastfeeding, child care and maternity leave;
(d)Creation of “family counseling centers” with the aim of providing specialized counseling services and focusing on identifying the main causes of divorce and preventing it.
78.VPWFA has taken the following steps:
(a)Compilation and implementation of the “IntergenerationalDialogue in the Family” Initiative, the “Enhancing Family Members Resilience” Initiative, and the “Healthy Family” Initiative, with the aim of further integration of family relations and harm prevention;
(b)Compilation of “Result-Oriented Province Development Documents” with a focus on the pathology of family and child issues in all provinces and curing those issues appropriately;
(c)Compilation of “family indices” with the aim of strengthening the secure family.
79.The Judiciary has taken the following measures:
(a)The “Creation of Family Mehr Centers” program was designed with the cooperation of related institutions with the aim of creating a suitable place for the children of divorce to meet (FPA, Article 41, Note and FPA Implementing Regulations Article 68). The result of the implementation of this program is to provide and equip a suitable cultural place, in order to enhancing the meetings with children and prevent such meetings in the police station, which, in addition to mental and emotional harm and fear and anxiety caused by these meetings, exposes the child’s peace of mind to serious risks. A sum of 33,872,983,394 Rials of resources have been allocated to this program in the headquarters and provinces. The aforementioned credit is financed by the State Social Council;
(b)The number of Family Mehr Centers (under Article 41 of FPA) according to visitation and cases of reached compromise.
|
Number of Cases that Reached Compromise |
Number of Visitations |
Number of Centers |
|
1 155 (8.5 percent) |
143 281 |
207 |
Supporting parents in the parenting process (Article 18)
Legal measures
80.In connection with paragraph 61 of CRC/C/IRN/CO/3-4, according to Article 1104 of the Civil Code, parents have joint responsibility in raising their children, and according to Article 1168, taking care of the child is the right and duty of the parents.
81.The “General Policies on Family” (2016) embarks on the responsibility of parents with regard to parenting and clarifies the issue of the requisite support of the government for parents as the policy of the Iranian system (paragraph 12).
82.The Act Amending the Population and Family Management Act (Act Amending PFMA, 2013) has increased the maternity leave period of working women in government and non-government sectors to a total of nine months.
83.The “Working Hour Reduction of Working Women with Special Conditions Act”, (Working Hour Reduction Act, WHRA, 2016), has reduced the working hours of working women from 44 hours per week to 36 hours so that they can take care of their under 6 or disabled child.
84.The Family and Youth Protection Act (2021) addresses various issues such as support for mothers that are students, support during pregnancy and breastfeeding for mothers, providing facilities for the birth of each child, especially the second child and later children, support for families with children, support and provision of special facilities, including the payment of 1 million Tomans for investing in the stock market in the name of children born in 2021 or later to encourage families to have children, provision of facilities for the cultural cultivation and improvement of the quality of natural childbirth for mothers, and the provision of maternity leave facilities.
Practical measures
85.In relation to paragraph 14 CRC/C/IRN/CO/3-4 The SWO has taken the following steps:
(a)Design and implementation of the “Development and Equipping of Rural Schools Initiative”. As a result, more than seven thousand rural daycare centers were created;
(b)Implementation of the initiative named “one cooked meal for children aged 3 to 6 years in rural nurseries and kindergartens on the marginalized areas of the city” with the aim of improving the nutritional status of children aged 3–6 years in needy families in rural and underprivileged areas of the marginalized areas of the city across the country. Last year, approximately 180,000 children benefited from this plan through credit funding amounting to 690 billion Rials;
(c)Implementation of the initiative on “financing a section of low-income family’s child daycare tuition” with the aim of helping to establish social justice through the redistribution of resources and through extending the coverage of developmental program as well as via effectuating unified child development across the country. In 2018, credit funding amounting to 130 billion Rials was allocated to 32,500 children in order for them to enjoy such child daycare services;
(d)Financing child daycare tuitionfor low-income family with disabled children across the country amounting to 146 billion Rials;
(e)IIDCA has held various sessions (namely, “decline of childhood” and “criticism of contemporary parenting in Iran”) for child care takers including families, kindergarten and school teachers, students and colleagues with a view to enhancing parental awareness of their responsibilities in regard to educating children under eight and to encourage them to adopt parenting methods.
Alternative forms of care for unsupervisedand improperly supervised children
Legal measures
86.The “Protection of Unsupervised and Improperly Supervised Children and Adolescents Act” (PUISCA) has stipulated all matters related to unsupervised children. In particular, it has determined their rights, the protective-supervisory tasks of the government and the guardian’s responsibilities. This includes the method of applying for guardianship, the requisite qualities of the guardianship applicant, supervisory measures on the proper implementation of guardianship, the guardian’s duties in maintaining and providing for the child’s living expenses, the financial rights of the adopted child, the need to name the child in the guardian’s death pension, the guardian’s benefit from the right to the adopted child, maternity leave, and cases of termination of the guardianship order. The guardianship applicant must undertake to cover all expenses related to the maintenance and education of the adopted child (PUISCA, Article 15). The guardianship does not cease to operate after the death of the guardian and until the appointment of a new guardian. Therefore, the guardian is obliged to take out life insurance. PUISCA clarifies that the guardian’s duties towards the child in terms of caretaking, parenting and alimony are the same as the parents’ duties towards their child (Article 17). The adopted child has the right to have a new birth certificate with the names of his guardian parents stated in that official document (Article 22).
87.If taking into account the interest of a child victim, who is at risk, requires a change in the guardianship or temporarily entrustment of the child to a substitute family or a welfare center, the prosecutor will take action on the matter (CAPA, Article 36). Subsequently, if the court determines that the best interest of the child requires that the rights related to the guardianship of the child be limited or determines that the child should be temporarily entrusted to the SWO or related centers, it will make an appropriate decision in this regard (CAPA, Article 42).
Practical measures
88.The SWO has provided the following services:
(a)Provision of care to orphaned children in care centers. According to the age group, these children are cared for in nurseries (from birth to 3 years old), young children’s homes (3–6 years old), children and adolescents’ homes (6–12 and 13–18 years old) and TARAK homes (i.e., centers of psychological social empowerment of children). The services they need are provided by a specialized team consisting of psychologists, education professionals and social workers. Currently, 10,000 children live in such care centers;
(b)Care and maintenance of children in foster and biological families. Assistance allowances are paid and the quality of care is supervised for in foster and biological families that accept referred children through the defined process of SWO. Currently, about 17,000 children are under such guardianship. As well as, about 6846 billion Rials as Assistance allowances are paid to children under supervision of biological families, through 2015 to 2021;
(c)Assigning guardianship of unsupervised and improperly supervised children to the families applying for guardianship with the cooperation of judges and forensic medicine doctors among others. Social worker visits and psychological counseling are also done. About 2,000 children are placed in foster care every year;
(d)The provision of social support services to all needy families regardless of religion;
(e)Using the capacity of the non-governmental sector in the form of social work and positive life clinics to develop a care plan for children in substitute families;
(f)Since 2018, compilation of instructions for granting activity licenses and executive guidelines for relevant drug abuse prevention, reduction and treatment centers, which were created in three cities of Zahedan, Tehran, and Sari. Close to 300 homeless and abused children with substance use disorders currently benefit from its residential and support services;
(g)The continued existence of 31 centers and institutions in all provinces for the care of unsupervised children, who are deprived of the institution of family and who are victims of violence as well as the continued operation of 63 centers providing daily support and training services.
89.The judiciary has determined that one of the strategies of the judicial reform document to be the “development of support capacities for unsupervised and improperly supervised children and adolescents”. This strategy may be implemented in the following manners:
(a)Facilitation of the passing of guardianship of unsupervised children to suitable substitute families through contrivances such as strengthening the role of social workers for the purpose of determining the suitability of the guardianship case and speeding up the guardian qualification process.
(b)Diversification of guardianship methods such as:
The improvement of the capacity of temporary trustees, temporary/consensual guardianships.
The provision for the possibility of keeping unsupervised and improperly supervised children in custody centers until employment or marriage.
90.Responding to paragraph 63, CRC/C/IRN/CO/3-4, it is noted that Article 26 enshrines the principle of prohibition of marriage between a guardian and an adopted child. An exception exists where the competent court, after obtaining the advisory opinion of the SWO, determines that this is in the interest of the adopted child. However, in practice no such decision has ever been issued.
91.In accordance with paragraph 3 of Article 20 of the Convention, in Islamic countries, instead of the institution of adoption, there is an institution of kafala, whereby the relationship between the father and the child is not established. It follows that in order to prevent abuse of this legal institution by the supervisor, taking into account Sharia, there are certain legally placed restrictions. In order to protect children against any misbehavior, Article 26 of the PUISCA (2013) is founded on the main principle of the prohibition of marriage between the male supervisor and the child, except in exceptional cases and subject to the opinion of the SWO and courts, bearing in mind the best interests of the child under supervision.
92.Responding to the remaining concerns in paragraph 63, setting aside the fact that the claims are not based on evidence and documentation, it is noteworthy that, according to Iranian laws and regulations, the scoped of protection of children with abusive supervisors and at-risk has been expanded and the separation of the child from family is only utilized in respect of incompetent parents and as soon as their competence is verified, their children are returned to them (Civil Code, Article 1173; PUISCA; CAPA). The statistics of unsupervised children as a fraction of population has remained unchanged, and, since factors affecting it are beyond the control of government and fluctuates with the death of family members, factors such the spread of the COVID-19 pandemic have resulted in an increase in the absolute number of unsupervised children. It is mandatory to observe the religious commonalities between the supervisor and the individuals under supervision (CAPA, Note 1 to Article 6); in spite of this provision, the legislator has provided that, bearing the interests of the child, in the event that a non-Muslim child does not have a corresponding non-Muslim petitioner, it is possible to assign the child to a Muslim family’s supervision.
93.Responding to paragraph 66 of CRC/C/IRN/CO/3-4, in the newly issued “IROP” (2021), The following measures have been taken:
(a)In accordance with article 158, female convicts can keep their infant/child with themselves in the institution for a period of up to 6 years. This means an extension of the period amounting to a total of 4 years next to the prior two-year improvement period.
(b)The “IROP” specifies the requirement of providing for a special diet for pregnant and lactating mothers (Article 158 (c)(d)). Additionally, the Organization of Prisons is obliged to provide sanitary facilities for female prisoners as well as proper nutrition for mothers and children accompanying them.
(c)The possibility of creating a child daycare center in the institution is stipulated as follows (IROP, Note to Article 158):
“The head of the institution, in cooperation with the competent organizations, provides for the creation of a child daycare center in the institution in order for children 2 to 6 years of age to be able to receive appropriate education subject to the consent of the mother or if deemed in the child’s interest and subject to paragraph “A”.”
94.In accordance with the IROP and with due consideration being given to human rights standards, disciplinary punishments and restrictions should not cause the interruption or limitation of health services, treatment and psychological counseling. Likewise, punishments and restrictions should leave unaffected the option of reading books, taking fresh air or bathing. It is forbidden to keep pregnant women and women with children separately in the institution.
I.Support for children with disabilities, child health and child well-being (Articles 6, 18, 23 (3), 24, 26, 27, 33 (1–3))
Legal measures
95.The “Protection of the Rights of the Persons with Disabilities Act” (2018) sets out the duties of government agencies toward fulfilling the rights of the persons with disabilities. The themes of the Act are: adaptation, accessibility, mobility and exercise, as well as provision of services related to health, treatment and rehabilitation, sports, culture, arts, education, entrepreneurship, employment, subsistence and administrative and employment support.
96.The perpetration of acts criminalized in this legislation against children with mental and physical disability will be an aggravating factor in the sentencing of the criminal (CAPA, Article 22(b)).
Practical measures
97.Responding to part (c) of paragraph 68 of CRC/C/IRN/CO/3-4, it is noteworthy that SWO has taken the following steps:
(a)Provision of access to all children with disabilities, who under SWO coverage, to support and care services. Rehabilitation services, including the services of rehabilitation centers as well as rehabilitation equipment, artificial organs, cochlear implant prosthesis, and health equipment, are among the commodities offered to children whose families have referred to the SWO branch in the vicinity of their area of residence for the purpose of receiving such services. After referral, effective services are provided to children with disabilities through the CBR (Community Based Rehabilitation) plan and free of any discrimination;
(b)Allocation of pension and nursing allowance to the child and his or her caregiver;
(c)Making it possible for nearly one hundred percent of children with disabilities in rural areas to benefit from free health services;
(d)Provision of free health services through free health insurance for children with disabilities living in rehabilitation boarding centers;
(e)Operation of rehabilitation and daycare services in boarding centers, creating small homes for the mentally disabled and provision of rehabilitation and care services at home;
(f)Implementation of the initiative on “analyzing the situation of children with disabilities” (2018–2020);
(g)Compilation of the “National Remote Rehabilitation Plan” and effectuating its implementation for 44,595 people during the COVID-19 pandemic period;
(h)Implementation of the “National Disability Preventive Awareness Program for Students” for raising awareness about disabilities, or musculoskeletal, hearing, vision and genetics problems. The program raises awareness about traffic and non-traffic accidents for students in urban/rural/nomadic/hard-to-reach/remote and other areas. The pilot program for students has been operational since 2015. Nevertheless, the implementation history of this public program dates back to 1996;
(i)Creation of small homes for individuals with moderate and severe mental disabilities and the training of family members of very severely disabled with regard to prevention of bedsores, dry joints, shortness of muscles and deformation of organs.
98.Responding to part (d) and ((b)) of paragraph 68 of CRC/C/IRN/CO/3-4, SWO has taken the following steps:
(a)753 thousand tomans per month accrue to the benefit of children with disabilities who receive rehabilitation training services from non-governmental centers. The total credit figure in 2021 stood at approximately 350 billion tomans, where 20 billion tomans were spent on the empowerment of this group of children;
(b)Provision of children with disabilities aged over 15 with vocational training in 387 vocational training centers;
(c)Provision of educational services to children with disabilities under the age of 14 in mental centers and small homes as well as implementation of the “Social Integration Program for the Persons with Disabilities” through awareness raising initiatives;
(d)The raising public awareness about the content of the Convention that is regarding children with disabilities as well as about the corresponding laws and regulations;
(e)Provision of training related to the rights of children with disabilities to caregivers and employees of care centers; as well as instruction of self-care skills to children with disabilities.
99.The Special Education Organization (SEO) has taken the following steps:
(a)Provision of free educational, coaching, rehabilitation, counseling and physical education services to children and students of special needs schools;
(b)Formation of Steering Council in SEO with the aim of implementing and developing accommodative education;
(c)Organization and the conducting of training courses in the provinces for the staff of the SEO as well as the principal, deputies, and the instructor of the host school;
(d)Preparation and publication of pamphlets on adapting schools and educational spaces for autistic children and sending the products to the provinces;
(e)Preparation of 19 CDs on “the manner of instructors and communicating with students with hearing impairment, visual impairment and late learners”, for instructors of accepting schools;
(f)Converting 43 educational works into Braille;
(g)Compilation of educational packages “On the path of life with my child” for new students with special needs as well as specialized education and rehabilitation of children with hearing, vision and multiple disabilities (11 DVDs) and compilation of 15 CDs for parents of new and returning students;
(h)Production and editing of the film 100 words and phrases in sign language for the communication of the medical staff and people with hearing loss during the COVID-19 period;
(i)Designing and printing 3000 sighted guide posters to help visually impaired people and distributing them in special schools for the visually impaired;
(j)Conducting child rights training courses for employees and parents of students with special needs (60 percent of parents have received such training);
(k)Conducting specialized meetings with non-governmental organizations to compile vocabulary references for special textbooks for hearing-impaired students;
(l)The creation of 112 intermediate vocational centers across the country, creating and developing skill courses for students with special needs (2015–present);
(m)Adapting the SHAD educational platform to benefit children with special needs from virtual education during the Covid era, special training for hearing-impaired children in the audio and television education network, and equipping the SHAD network with an interactive program for students with visual impairments;
(n)In-person and distance family education sessions for parents of students with special needs (Refer to Figure 28, Annex 2);
(o)Adaptation Measures for Children with Disabilities (Figure 12, Annex No. 2).
100.Measures taken to realize the right to play for children with disabilities by the SEO:
(a)The ongoing operation of 50 gyms and swimming pools in the provinces for students with special needs and construction of 19 gyms built according to the needs of these students in the provinces;
(b)Creating specialized rooms with special equipment in 23 schools across the country for visually impaired children and students and creating a special space for children with special conditions to play in all schools;
(c)For each student with special needs, 54 meters of sports space and 42,775 meters of sports space is available that includes outdoor sports space, indoor swimming pool, sports hall with high ceiling and short ceiling for students with special needs.
101.Institution of public libraries has taken the following steps:
(a)Creating customized electronic resources, equipping the sections of the libraries allocated to individuals with hearing loss with essential and needed facilities for those members;
(b)Setting up a department for individuals with hearing loss in more than 34 chapters of the public library and providing services tailored to the needs of this group as well as conducting cultural programs and educational classes for them.
J.Access to appropriate content
Practical measures
102.The Ministry of Culture and Islamic Guidance has taken the following steps:
(a)The Licensing and continuous monitoring for the past ten years of the production and distribution of computer games and preventing the production and distribution of illegal content in games;
(b)Classification of games (Entertainment Software Rating Association (ESRA classification system) according to age based on the intensity of content containing violence.
103.The Ministry of Education provides free specialized content on preschool education for special audience groups including: child, teacher and family.
104.The Institution of public libraries has taken the following measures:
(a)Creation of children’s section in public libraries; during a decade, 1551 children’s sections have been added to the total of these sections, which illustrates a growth of 133% over that period. Out of 8.5 million members, nearly 4.2 million were children and adolescents under 18 years of age at the time of membership, and currently, 3 million are still under 18 years of age. It should be noted that children under 7 years of age will join the library for free and those under 12 years of age will join the library for half price;
(b)Creation of 13 chapters of specialized children’s libraries across the country(refer to Figures 9, Annex 2).
IRIB
105.In connection with paragraphs 51 and 52 of CRC/C/IRN/CO/3-4, the IBO has broadcasted appropriate media content nationally through the Nahal, Pooya, and Omid TV channels differentiating among the audiences by age. Likewise, some social private media such as Aparat and Filimo have launched specialized applications for children.
III.Economic, social and cultural rights
A.The right to enjoy the highest standard of health and welfare (Article 24)
Legal measures
106.The general policies on health (2014) have determined the general guidelines for realizing the right to health of citizens. The 2025 Vision Document (2003) stipulates the provision of health and welfare without discrimination for all citizens of Iran.
107.The Act of 6th Economical, Social, and Cultural Development Plan (2017) places emphasis on the mandatory status of health insurance coverage for all members of the country’s population (Article 70(a)).
108.The Note 6 to paragraph M of “National Budget Act for 2021” (2020) stipulates that customs duties and commercial profits from the import of cosmetics ought to be spent for the purchase of the following:
Artificial organs (prosthesis) for cochlear implantation;
The treatment and medicinal costs of rare diseases including;
Autism;
Gaucher;
Celiac;
Epidermolysis bullosa (EB);
Cystic fibrosis;
Sickle cell anemia (Cycle Cell Anemia, Cyclic Cell Thalassemia);
Kidney disease (dialysis);
Congenital immunodeficiency disease in antibody production; and
Disease congenital spinal muscular atrophy (SMA).
109.Responding to paragraph 70 of CRC/C/IRN/CO/3-4 with regards to decriminalizing abortion, it is noteworthy that according to the laws of the Islamic Republic of Iran, the fetus has a right to life and this right is inalienable and no one may deprive the fetus of this right. Nonetheless, it is stipulated in Article 56 of the Family and Youth Protection Act (enacted on November 10, 2021by the Islamic Parliament of Iran) that in the event that the life of the mother or the fetus is seriously endangered, abortion is permissible.
Practical measures
110.The NBCRC has taken the following steps toward the realization of child health:
(a)Organization of specialized conferences, appropriate for each province, on the basis of identification of and analysis of statistics relating to social challenges and harms affecting children in different provinces. (Figure 27, Annex No. 2);
(b)Preparation of a specialized webinar on “Prenatal Screening” for examining the various dimensions and importance of prenatal screening for the health of mother and child.
111.The Ministry of Health has taken the following measures toward the realization of child’s right to health:
(a)Implementation of the “Nutritional support program for children under 5 as well as pregnant and lactating mothers suffering from malnutrition in households in need”. In 2020, with the implementation of this program, 13,074 children under 5 as well as 8,307 pregnant and lactating mothers next to 157,797 needy households received food baskets;
(b)Launching the 4030 system since the beginning of the COVID-19 pandemic and providing services in this field, which includes the compilation and production of more than 30 guidelines, protocols and educational and executive instructions regarding the management of stress, anxiety and fear caused by the pandemic, especially for specific target groups such as children and maintaining mental health during home quarantine and in other cases;
(c)“Subsistence assistance program for malnourished children under 5 households in need in eight food insecure provinces” (since March 2020). This program is implemented in 8 food insecure provinces (Busher, Sistan and Baluchistan, Hormozgan, Kerman, South Khorasan, Khuzestan, Ilam, Kohgiluyeh and Boyar Ahmad);
(d)Implementation of “Supplementation program with a megadose of vitamin A for children aged 2 to 5 in the six food insecure provinces of Bushehr, Sistan and Baluchistan, Hormozgan, Kerman, South Khorasan and Khuzestan;
(e)Nutritional support for pregnant and lactating mothers in families in need. Since 2020, this program has been implemented and 45,000 pregnant and lactating mothers have been placed under coverage;
(f)Implementation of the “National Mental Health Assessment Program” once every 4 to 5 years;
(g)Implementation of the pilot program of “Guidelines for treatment of children in the health and medical treatment sector” in three provinces as a model for communication with children in health and medical treatment centers;
(h)Implementation of the “parenting skills training program for parents of children aged 2 to 12 and 12 to 18 in all urban and rural areas of the country. Approximately, 2 million parents benefit from this program every year;
(i)Implementation of the “mental health screening program for children over 15 and married children under 15 on an individual basis and without the presence of their guardians;
(j)Implementation of the “national suicide prevention program” that included the identification of suicidal thoughts, suicide risk assessment and treatment and referral of children in need of specialized services;
(k)Providing mental health, social and addiction screening services and mental health self-care training by health ambassadors and providing specialized life skills services for the screened population covered by 60% of the country’s health-treatment centers and 100% of health homes, health centers and health service centers.
112.SWO has taken the following actions in the field of health:
(a)Hearing screening for newborns and infants since 2014 at the national level (630 hearing screening units in the country are engaged in providing hearing screening services for babies and infants) and by the end of 2019, 1,091,900 babies and infants (92% of living births) had gone through hearing screening tests throughout the country. Moreover, since the beginning of the program to the end of 2019, about 32,000 children with hearing disorders have been identified for medical intervention and have been rehabilitated; Also, the hearing screening program for ages 3 to 5 is being implemented as a pilot program;
(b)A national program of amblyopia in children aged 3 to 6 years with the aim of improving vision health and preventing visual factors of children in the target group; The number of service recipients to the end of 2019 stood at 3,375,556 individuals and stood at 1,550,000 children for 2020 alone;
(c)Design and production addiction prevention clips named “Carbin” and making those clips in cyberspace with the aim of increasing knowledge and information in the field of addiction prevention;
(d)Preparation of a health entertainment package for care of children in substitute families;
(e)Providing counseling services and introduction to treatment centers for children with gender identity disorder or neutral.
113.The Ministry of Energy in Cooperation with UNICEF has taken the following actions:
(a)Providing a part of the country’s water and sewage equipment worth one and a half million dollars (the project was completed in 2021);
(b)Implementation of the water supply project in Telang region of Sistan Baluchistan worth 45 thousand dollars (the project was completed in 2022);
(c)Implementation of the water supply project in Sarbisheh region of South Khorasan worth $100,000 (the project was completed in April 2023);
(d)Financial and technical financing of the water system reconstruction and retrofitting project in Golestan province worth $300,000 (in progress);
(e)Implementation of the Niatik region project of Sistan and Baluchistan worth $1,150,000 (in progress);
(f)Financial and technical financing of the reconstruction and retrofitting of the water system in the rural areas of Mashkand, Sistan and Baluchistan worth $80,000 (in progress);
(g)Implementation of the package of the sewage project of Kahak, Sistan and Baluchistan worth 650 thousand dollars (about to start the project).
114.FARAJA has taken the following steps :
(a)Provision of individual and group counseling as well as training courses in the field of combating drugs;
(b)Holding annual and national educational and informational programs for children in schools, neighborhoods and families with the aim of preventing drug-related harm. In the last four years, more than seven million and six hundred thousand people have received in-person trainings;
(c)More than 88,633 instances of in-person counseling sessions were provided to the public on the issue of drug and psychoactive abuse injuries, of which more than 45% were related to how parents and educators ought to confront injuries facing children;
115.Iran’s National Standards Organization has implemented the following measures:
Determining requirements related to toy safety; including safety requirements related to physical and mechanical properties, approved in 2014; Smelling games, cosmetics and tasting games, approved in 2014; Home playground equipment used in open and closed spaces, approved in 2015; Flammability, approved in 2016; Safety of playground equipment and surfaces approved in 2014 (Figures 16–18, Annex 2).
B.The Right to welfare and social security (Article 26)
Legal measures
116.Paragraph 2, Article 2 of the Law on the Structure of the Comprehensive Welfare and Social Security System, approved on May 10, 2004 on the provision of support and rehabilitation services (including financial aid) to families who are unable to work or do not earn sufficient income as well as Article 4 stipulate the duty of the government to provide a minimum standard of living for families who do not earn sufficient income, with priority given to people who are unable to work due to physical and mental reasons;
117.The Sixth Development Plan Law, in Article 11, specified the increasing significant role of the insurance industry in ensuring the welfare and security of the public. Article 70, extended the right to benefit from insurance to the head of the family and all dependents. Specifically, paragraph b of Article 70 extends the right to health insurance to households belonging to rural, nomadic and other needy communities. Article 81, places emphasis on the creation of a comprehensive welfare and social security system. Paragraph 5 of Note 4 to Article 113, places emphasis on the implementation of plans to support the families of prisoners.
118.Article 15 of the law on the protection of unsupervised children and adolescents (2012) accords adopted children the right to life insurance. Similarly, Article 21, accords adopted children the right to insurance.
119.CAPA (Article 6 (e (3)) of Implementing Regulation) makes the Ministry of Cooperatives, Labor and Social Welfare responsible for providing insurance coverage for adolescents between 15 and 18 years of age, subject to Article 148 of the Labor Act (1990) (Insurance of workers by the relevant employer). Furthermore, CAPA makes the Ministry of Health and Medical Education responsible for providing full health insurance coverage for all children and adolescents living in Iran (Article 6, paragraph F).
120.The Ministry of Health and Medical Education is responsible for acting in respect of providing full health insurance coverage for all children and adolescents living in Iran, whether Iranian or non-Iranian, especially at-risk or victimized children and adolescents (CAPA Article 6Implementing Regulation, Article 40).
Practical measures
121.With the aim of supporting the enjoyment of standard living conditions and social security by children under 8, approximately 51,500 households are now covered by the insurance of farmers, peasants and nomads. Similarly, 49,462 households are currently covered by the social security insurance of women heads of urban households .
C.Education, recreational, cultural, and artistic activities (Articles 28–31)
The Objectives and quality of education
Legal measures
122.Paragraph 4 of the “Comprehensive Action Plan for Children and Adolescent Rights” embarks on the issue of “expansion of centers and educational, educational, sports, cultural, artistic and recreational activities”. Paragraph 5 addresses the issue of “improvement of children’s free time planning” and sets out the programs, activities and indicators for the realization and implementation of this strategy.
123.The prevention of child or adolescent education by the parent or legal guardians is deemed criminal (CAPA, Article 7). Also, the Ministry of Interior is required to announce, differentiating by region, the names and addresses of (non) Iranian children and adolescent who have reached the legal age of education (CAPA, Article 6 (d)). This task shall be done every year, 3 months prior to the start of the academic year, through the country’s civil registration organization, in cooperation with other relevant institutions, and taking into account the residence of persons and any changes thereto.
124.Note 2 to Article 50 of the Implementing Regulations for Article 6 of the CAPA, provides that, in order to implement the duties stipulated in this regulation regarding the education and promotion of child rights as well as counseling and legal assistance in field of child interests, the NBCRC is set to create Legal Services Clinics with the cooperation of the Welfare Organization.
125.In paragraphs 4 and 7 of the sixth chapter of the document on the fundamental transformation of education (2011,) it is stated that the “development of educational justice” and “intelligent use of new technologies” are two key educational transformation strategies. The document defines the strategies for realizing these strategies and the major goals of educational transformation, which include “empowering students living in deprived areas, villages, marginalized areas of cities, nomadic and bilingual areas”, “creation of educational guidance and counseling system”, “creation of school location services system” and “creation of evaluation and quality assurance system in formal public education”.
126.As stipulated in Charter, citizens have the right to education. Primary education is compulsory and free, and the government provides access to free education until the end of secondary school (Article 104). The government also provides basic education for people without primary education.
127.The law obliges the Ministry of Communications to implement Digital Transformation of schools program, covering the full spectrum of electronic access to textbooks, educational computer games, talent assessments and professional and social skills trainings, for free of charge, for all students in cities with less than 20,000 people, villages and outskirts of major cities (The Sixth Development Plan Law, Article 69).
128.The claim made in Clause B, Paragraph 77, CRC/C/IRN/CO/3-4 lacks legal documentation and, in this regard, the husband has not been authorized, and CAPA applies to any threats. Moreover, the Act has criminalized incitement or encouragement that leads to a child or adolescent running away from school or dropping out of school. The phrase “anyone” at the beginning of the article is either parents or legal guardians and can be extended to couples as well.
129.Responding to recommendation A of paragraph 78, it is noteworthy that the prevention or hindrance of child or adolescent by his or her parents or legal guardians is criminalize (Article 7, CAPA) .
(Regarding section F of paragraph 77 of CRC/C/IRN/CO/3-4, refer to Figure 24 of Annex No. 2).
Practical measures
130.The NBCRC has taken several measures in connection with paragraphs 23 and 24 CRC/C/IRN/CO/3-4, as follows:
(a)Instructing all teachers about child communication skills through the SHAD network.
(b)Preparation of educational podcasts on the following topics:
Child rights in international documents;
Child rights in Iran’s legal system;
Social, judicial, and legal protection of children;
Child and family rights;
Philosophy of children’s rights;
Criticism and analysis of the Child Protection Act and related regulations.
131.Organization of a series of specialized sessions in all provinces of the country with the cooperation of women and family affairs department of the respective province, based on the provincial level challenges and the requisite follow-up for reaching solutions (Refer to Figure 26, Annex 2).
132.Article 29 of the Implementing Regulations for Article 6 of the CAPA, provides that, within six months from the date of promulgation of this regulation, the police force, with the coordination and cooperation of the NBCRC, will train relevant judicial officers.
133.Article 42, paragraph 6 of the Implementing Regulations for Article 6 of the CAPA, stipulates that the Ministry of Education, with the cooperation and coordination of the NBCRC, should design and organize training courses for the purpose of training the educational staff, principals, counselors and staff of schools in the field of child and adolescent rights. The content of educational programs is prepared and presented by the NBCRC. In this regard, 31 educational workshops have been held in 31 provinces of the country for teachers and school counselors.
134.The Ministry of Education has taken the following steps:
(a)Making formal education accessible to all minority groups (who have an Iranian identity card or are holders of foreign identity documents), (Refer to Figure 29, Annex 2);
(b)Preparation and notification of guidelines for the creation of special local learning centers for parents with preschool children (No. 107503 (2019)) addressed to the General Departments of Education;
(c)The coverage of 71.1% of the preschoolers and the absorption of 58% of the rural preschooler population;
(d)Implementation of preschool grade in nomadic schools, which witnessed the attendance of 7182 new preschool students in the academic year 2020–2021;
(e)Seventy percent coverage of boarding schools from the “self-reliance plan”, with the aim of increasing the professional skills of students;
(f)Presenting the provisions stipulated in the Convention on the Rights of the Child and other human rights and humanitarian rights treaties in the following textbooks: social studies, cultural analysis, religion and life, sociology, defense preparedness, heavenly gifts, thought and media literacy, history of Iran Vol. 3 and the contemporary world;
(g)Familiarizing students with the natural environment, environmental issues, sustainable human development and related national and international issues in the format of following textbooks: chemistry, social studies, geography, biology, geology, health and hygiene, human and environment, science, religion and life, social identity, sociology and cultural analysis;
(h)Implementation of initiative on “reconciliation with education” (ABA initiative) and recruitment of about 2500 working and street children and rural and nomadic girls through ABA for distant learning classes;
(i)In connection with part “m” of paragraph 77 of CRC/C/IRN/CO/3-4, the heating system of 261 thousand classrooms has been standardized, all clay and mud schools have been eliminated and 1006 classrooms have been replaced;
(j)Providing the opportunity of education for all students indiscriminately, without the need for a degree and in the form of SHAD virtual distance learning application during the COVID-19 pandemic;
(k)Responding to paragraph 80 of CRC/C/IRN/CO/3-4, it is noteworthy that for the purpose of improving physical education courses, school sports equipment and equipment needed for school sports have been provided and disadvantaged and girls’ schools has been prioritized in this regard. In addition, 331 physical education spaces have been designed and built in schools, prioritizing the creation of a special and safe sports space girls’ primary schools;
(l)Since 2015, 13,496 schools with 64,799 classrooms and an infrastructure of 9,070,836 square meters in accordance with the rules and standards for the design of educational and training and sports spaces (Publication 697) in terms of play space, green space and standard equipment have been built by the “Organization for Renovation and Development and Equipping Schools” and transferred to the Ministry of Education for operation (Figures 14 and 15, Annex 2);
(m)In the current academic year, 8,443,528 students are enrolled in elementary schools (Figures 19 and 21 of Annex 2).
135.Measures taken during the COVID-19 pandemic outbreak period include the following:
(a)Planning and implementation of virtual and free written preschool education, broadcasted from national television networks on a continuous and daily basis, for all children;
(b)Provision of pre-school education to qualified children in hard-to-reach and sparsely populated areas in-person and one-on-one ;
(c)Production of educational packages and self-study guides especially for children who do not have access to media and smart systems;
(d)Creation of more than 1400 channels in the SHAD network as well as production and broadcasting of 600 educational programs concentrating on technical and professional in radio and television networks; as well as, Providing virtual counseling in the form of a SHAD network;
(e)Production of more than 2500 filmed videos of textbook teaching, formation of channels for 6 school educational (grade) levels, differentiated by subject-matter, and the uploading of video products for virtual broadcasting, continuous and daily presentation of education by instructors from the National Broadcasting Television Education Network under the umbrella of Iran School Television Network as well as from the Quran Network. Preparation of special curriculum for students deprived of in-person and virtual education for all subjects.
136.SWO has implemented the following measure:
In order to prevent the dropout and educational failure of the children of the covered families, pays a monthly sum of educational allowance and promotion to 80,000 covered students, which is based on the school year of the student. Support is also provided in the form of vocational training, employment and social support (Figures 21–23, Annex 2).
Cultural rights of minorities
137.Note 3 to Article 20 of the Civil Registration Law 1976 formally declares that the choice of a child’s name for constitutionally recognized religious minorities is a function of their language and religious culture.
138.In connection with paragraph 50 of CRC/C/IRN/CO/3-4, the following rules and regulations have been enacted:
(a)Note 1 to Article 1 of the Ministry of Education’s Objectives and Duties Act places on the Ministry the responsibility for providing religious education to students corresponding to the branch of their faith in areas where followers of other branches of Islamic faiths reside. Furthermore, Note 2 provides that the constitutionally recognized religious minorities (referring to Article 13 of the Constitution) have the liberty to write religious textbooks and instruct minority students based on those religious books and the traditions of their religion, subject to the supervision of the Ministry of Education;
(b)Constitutionally recognized religious minorities have the liberty to perform their religious ceremonies in prison and may request the presence of their religious representative for religious counseling (Implementing Regulation of Organization, Article 87).
Right of the child to rest, leisure, play, recreational activities, and cultural life and arts
Legal measures
139.The Sixth Development Plan Act, (Article 27, paragraph A, subparagraph 7) requires the government to train 100,000 villagers and nomads as facilitators of local planning and cultural programs with a view to creating the necessary platform for the justice-oriented development of the villages and in order to improve the social status of the villagers. This law focuses on the cultural, artistic and sports activities as well as the incentives and support needed for the development of such activities (Article 92).
140.The Charter of Citizens’ Rights (Article 85), recognizes the right of every citizen to peace, refreshment, and opportunity for recreation, sports and tourism. The Charter (Article 89) further specifies that every citizen has the right to sports and educational facilities and healthy recreation. The Charter (Article 95) takes the position that participation in cultural life and balanced supportiveness of various aspects of culture is the right of every citizen. The Charter (Article 96) elaborates that the diversity and cultural differences of the Iranian people are respected as part of national cultural heritage and in the framework of national identity. Moreover, the Charter (99) recognizes that every citizen has the right to have all things necessary for participation in their personal cultural life and while accompanying other citizens. Such includes the creation of organizations and associations as well as the organization of religious and ethnic rituals and cultural customs in compliance with the laws of the nation.
141.Paragraph 4, strategy E of the “Comprehensive Action Plan for Children and Adolescent Rights” is dedicated to “Strengthening educational, training, sports, cultural and recreational activities for children”. Paragraph 4 addresses the issue of “improvement of children’s free time planning” and sets out the programs, activities and indicators for the realization and implementation of this strategy.
Practical measures:
142.The NBCRC has taken the following actions:
Creation of a working group on “art, creativity, child rights and cyberspace”;
Organization a multitude of competitions with the participation of children, of which the following are examples:
Story writing competition in cooperation with the IIDCA on the basis of the CRC and with the aim of familiarizing children and teenagers, families and educators with child rights;
Drawing competition “Child Rights from a Child Perspective” in cooperation with Isfahan Municipality with the aim of promoting child rights and educating children about their rights.
143.Participation of NBCRC as jury in the “Child Film Festival” and the selection of the best film based on the criteria of the best interests of child.
144.IIDCA has implemented has taken the following steps:
(a)Country-wide design and implementation of more than 64 artistic and literary cultural workshops, held in-person and virtual;
(b)Formation of specialized associations such as storytelling, photography, visual arts, filmmaking and choir associations;
(c)Provision of cultural, artistic and literary services especially for children in 1024 cultural and artistic centers. All 1024 centers of the IIDCA, especially those located in underprivileged areas, can apply for free membership of children in the area after obtaining permission from the cultural deputy of the IIDCA. One of the latest measures is the issuance of membership licenses for 300 underprivileged children in North Khorasan province;
(d)Allocation of 3500 million rials in 2019 for the purposes of implementing the “happy sensation of life” workshops in the book production department, organizing educational workshops and organizing specialized meeting sessions. These workshops include 8 topics; A hopeful child, a happy child, a self-confident child, an optimistic child, a courageous child, a spiritual child, an emotionally intelligent child, and a child skilled in positive relationships;
(e)Organization of the festival named “Our world is beautiful” with the participation of children;
(f)“Messenger of Hope” program. This voluntary activity, implemented at two levels (national and provincial), provides cultural services and conveys hope to children in areas which are less privileged or affected by natural disasters (floods, earthquakes, etc.) in the form of caravans consisting of educators, experts, artists and children’s enthusiasts. With the spread of the COVID-19 pandemic disease, this program is implemented virtually at www.omid.kpf.ir and is regularly updated;
(g)Creation of the IIDCA virtual center. In this center, due to the spread of COVID-19 pandemic, all services are offered in virtual form at www.kpf.ir. All kinds of online workshops (without time limits), all kinds of festivals and cultural, artistic and literary events, etc., are designed and implemented in this center at both provincial and national levels.
IV.Special protection measures (Articles 22, 30, 32, 22, 35, 36, 37(b) and (d) as well as Articles 38–40)
A.Refugee Children
Legal measures
145.Health insurance coverage has been made mandatory for foreigners living in the country, including group refugees whose stay is approved by the Office of Foreign Nationals of the Ministry of Interior (Law of Sixth Development Plan, Article 70(b)(5)).
146.“Implementing Regulation on the Mode of Educating Foreign Nationals” (2016) has been promulgated with a view to guaranteeing the right to education of all foreign nationals residing in Iran including legal and illegal residents as well as refugees.
147.In respect of non-Iranian children and adolescents the Ministry of Interior has the duty to:
(a)Acting through the coordination of the Ministry of Foreign affairs and through necessary interactions with International Organizations for the purpose of attracting facilitates and services, make available to the Ministry of Health and Medical Education and the SWO health and treatment counseling for non-Iranian children and adolescents;
(b)Acting through the Ministry of Foreign Affairs, interact with the political and consular missions of countries of nationality of children and adolescents and provides the opportunity for their return to their country accompanied by their family and with a family‑orientated approach (Implementing Regulation of CAPA, Article 35). (Figure 29, 34 Annex 2).
Practical measures
148.SWO has provided the following services to these children:
Services provided in special child and family support-education centers for children with families with legal residency permits as well as illegal stay include the following:
Referrals to treatment, rehabilitation and addiction treatment centers;
Self-care training;
Art training courses;
Prevention training (from violence, abuse, drugs …);
Education allowance from contributions;
Handing-over the child to family;
Organizing services and psychological and social assistance interventions;
Referral to benefactors and;
Training sessions on entrepreneurship and life skills and awareness.
149.Working and street children belonging to families with legal residence permits, like Iranian children and through the referral of a social worker, receive services such as education, counseling, literacy, subsistence allowance and empowerment allowance.
150.Children who do not have a residency permit and therefore lack legal residency, in accordance to legal restrictions, receive services such as counseling, literacy and harm control. Additionally, this group receive in-kind contributions such as food and support packages. In the event of a referral from legal authorities such as the judiciary, this group are admitted on a round-the-clock basis.
151.Services such as pension and subsistence allowance and housing allowance are provided only to families with legal permits and valid residency.
152.The Ministry of Health provides all mental health as well as social and addiction services to legal and illegal immigrants free of charge and through registering a special identity profile code.
153.FARAJA has taken the following steps, in connection with clause F, paragraph 81 of CRC/C/IRN/CO/3-4:
(a)Provision of accommodation services and facilitation of the departure of children of non-Iranian nationals who are referred to the immigration and passport police through the commissariat ;
(b)Non-implementation of the arrest plan and delivery to the camps for exclusion from the country in the case of children under fifteen years of age of unauthorized foreign nationals;
(c)Institution of public libraries has provided various cultural and promotional programs and services for foreign nationals and immigrants children in public libraries located in densely populated areas of foreign nationals and immigrants; including public libraries located in the cities of Qom, Mashhad and Shahr-ray (Tehran province).
B.Street children
Legal measures
154.Responding to request (a) of the committee in paragraph 88 CRC/C/IRN/CO/3-4 to formulate a comprehensive strategy for supporting street children and reducing their number as well as identifying the underlying causes of their phenomena, SWO is legally obliged to reduce the number of working children by at least twenty-five percent by 2021 with the cooperation of other institutions (Law of the Sixth Development Plan (2017–2021), Article 80, Paragraph H).
Practical measure
155.In response to request (b) in paragraph 88 of CRC/C/IRN/CO/3-4, the formation of “Working Children Support Network” is noteworthy. In this framework, which non‑governmental organizations in the field of child labor in the Tehran province operate as a network through the synergy of capacities field of child labor protection as well as related promotional and educational measures. The services of these non-governmental centers include those that resulted in a reduction in street work hours or a reduction in complications caused by the presence of a child on the street. Such services include as raising awareness about AIDS, drugs and sexually transmitted and infectious diseases, counseling, HIV testing, treatment services in cases of sexual violence, group therapy sessions for children and families, referral to medical centers, as well as creating a profile for the child and following‑up on the situation of the child and his family.
156.Responding to request 88 (a) of CRC/C/IRN/CO/3-4, SWO has taken the following steps:
(a)Implementation of the “Social support for working and street children” initiative with a child-friendly approach and while emphasizing the empowerment of the child and the child’s family, and, eventually, exiting the organization support cycle ;
(b)Creation of 63 non-governmental support-education centers and 31 government care centers.
157.Admission of 12,324 working and street children in provincial centers in 2019, differentiated based on the following criteria (The quantitative goal of the 6th Development Plan stands at 6999 working and street children):
(a)Age;
(b)Gender;
(c)Possession of birth certificate;
(d)Nationality (Iranian/(non)Iranian);
(e)Living in urban-rural areas.
158.Support for working and street children in the form of the “Helping return children who left out of education, to school” initiative.
159.Formation of the “Working group for identifying and supporting children collecting garbage in Tehran”.
160.Provision of financial support and job creation in 2019 for the families of working children suffering from substance abuse.
161.Support of street children in the “Comprehensive Plan of Social Support” in respect of the following:
(a)Right to birth registration, citizenship identification, the right to a suitable standard of living and housing and the right to education;
(b)Freedom from violence, sexual abuse, sexual exploitation, and trafficking and child labour; and
(c)Access to justice.
162.Design of a system to collect and share categorized data related to street children.
163.Providing expert counseling to parents, families and caregivers of street children; Provision of financial support and empowerment of families to assist and remove street children with disabilities from the harsh conditions of the street; Provision of basic and free health services to street children in support and healthcare-treatment centers; and Provision of financial support and job creation to empower the family in 2019.
164.Raising awareness about the Convention and especially general comment No. 21 (about the existing types of protection for street children) among all policy makers, employees of executive agencies, legislative body and judiciary, police forces, educational workers, social workers, health workers and all those who are active in field of street children.
165.Provision, without discrimination, of all support and educational services to working and street children, irrespective of child and family’s nationality, ethnicity, language and religion (Figures 32, Annex 2).
166.Responding to requests (c) and (d), paragraph 88 of CRC/C/IRN/CO/3-4, FARAJA has prepared a manual on how the police should treat working and street children and the mode of police force operations. This manual has been announced to the police force command of provinces country-wide and is currently being implemented.
C.Child protection against economic exploitation (Article 32)
Legal measures
167.Responding to request (a) of paragraph 86 CRC/C/IRN/CO/3-4, it is noteworthy that, the Labor Law has increased the minimum age job market entry by 3 years and has prohibited the employment of children under 18. Moreover, CAPA categorizes the employment of a child, the forcing or the assignment of the child to work that is physically, psychologically, morally or socially harmful or dangerous bearing in mind the child’s situation, an act of “economic exploitation” (Article 1(e)). Similarly, economic exploitation of people under 18 years of age is also criminalized (CAPA, Article 15).
168.The Charter recognizes the right of children to be immune from any exploitation (Article 4). The Charter prohibits forced child labor and the legality of labor of children under 18 is subject to the authority of the law with due regard for the children’s interests (Article 84).
169.Regulations determine the list of harmful work for children and has criminalized its violation (Implementing Regulation to notes (1) and (2) to the law on the ratification of Worst Forms of Child Labor Convention and the supplementary recommendation 2004).
170.Responding to request (b) paragraph 86 of CRC/C/IRN/CO/3-4, although according to, small workshops with less than 10 people can be temporarily excluded from the scope of the Labor Law (Article 191), the discernment of the expediency and the cases that can be excluded from the scope of the Labor Law is left to the regulations of the council of minister (2002, extended in 2005). The Council of Ministers has temporarily excluded workshops with less than ten employees from the scope of the Labor Law for a period of three years. Since this regulation expired in 2008 and has not been extended since, in accordance with the Labor Law, all employers and workers of workshops are subject to this body of law (Article 1, Labor Law). Also, with the approval of the CAPA, every child in any work environment, whether formal or informal, will be protected if she/he is exposed to danger or her rights are violated (For more details, Refer to, Figure 30-31, Annex 2).
D.Protection against child abduction, sale, trafficking and smuggling (Article 35)
171.Responding to the repetition of the committee’s previous recommendation (CRC/C/15/add.254, para71) in paragraph 90 of CRC/C/IRN/CO/3-4, the following have been criminalized in Articles 11–13 of CAPA:
(a)Any transaction involving a child or adolescent for the purpose of prostitution and pornography, economic exploitation, removal of organs, or the use of children and adolescents in criminal activities (aggravation of punishment sentence from fifth-degree imprisonment to fourth-degree imprisonment);
(b)Trafficking of children and adolescents (third-degree imprisonment);
(c)Transfer, buy, sell, or smuggle parts and organs of a child or teenager, sentenced to third-degree imprisonment.
172.According to Article 22, if the perpetrators of the crimes mentioned in Articles 10 to 13 of this law are persons who are the guardian or custodian of the child, the punishment will be aggravated.
E.Juvenile justice system (Article 40)
Legal measures
173.The IPC has adopted a “differentiated criminal policy” regarding the stages of child proceedings (detection of the crime, prosecution, preliminary investigations, proceedings, issuance and execution of the sentence) and articles 88 to 95 of this law are dedicated to “punishments and provisional measures for children and adolescents”. Also, “gradualness” of age of discounted criminal responsibility” is likewise an effectuated positive change.
174.CPC, has, at various stages, such as the preliminary investigation, hearing, issuance and execution of the sentence (mentioned in articles 31, 285 to 287, 298, 304, 315, 402 to 408 and 417) a differential approach for the protection of all children under 18.
175.Responding to the Committee’s request under Paragraph 53 and clause A paragraph 92, CRC/C/IRN/CO/3-4, it is noteworthy that in the new IPC, children are generally classified into four age groups:
(a)The first group includes “children under 9” who have no criminally responsibility;
(b)The second group includes “children aged 9 to12” who, in case of committing punishable crimes will not be sentenced to criminal punishment, and the court will adopt “corrective measures” against them (IPC, Article 88);
(c)The third group is “children aged 12 to 15” who, in case of committing punishable crimes, will not be sentenced to criminal punishment, while “Provisional and Corrective measures” will apply to them (IPC, Article 88);
(d)The fourth group is “children aged 15 to 18” who, are sentenced to punishments such as fines and detention in a Juvenile Detention Center if they commit punishable crimes (IPC, Article 89).
176.Responding to clause b of paragraph 92, CRC/C/IRN/CO/3-4 of the new CPC, it is noteworthy that, in articles 408 to 511, the special arrangement of the child and juvenile court is stipulated. Crimes of children under 18 will be tried with in such a court (Article 304), and the Child and Juvenile Court will be established with the presence of a judge and a counselor (Article 298). If crimes subject to the jurisdiction of the Criminal Court (and the Revolutionary Court) are committed by a child under 18, then the Criminal Court will deal with juvenile crimes, and in this case, the accused child will benefit from all the privileges that are applicable (Article 315). In the event that a criminal court has the jurisdiction to deal with crimes subject to the jurisdiction of the Child and Juvenile Court it is mandatory to comply with the provisions related to child and juvenile crimes (Article 402).
177.The judges of the court and prosecutor’s office for children and juveniles are selectedfrom the judges who have completed the related training course (for children’s proceedings) (CPC, Article 409).
178.For the purpose of specialized investigations involving child crimes, a “Special Police for Children and Adolescents in the Police Force of the Islamic Republic of Iran” will be created (CPC, Article 31). The judiciary has drafted a bill related to this provision, which is now in the process of final approval.
179.CPC has a number of provisions related to “preliminary investigations of children and juvenile crimes” and provides for different measures for this age group (Articles 285–287). Next to the “Child and Juvenile Court”, a branch of the “General and Revolutionary Prosecutor’s Office” is created under the title of “Special Juvenile Prosecutor’s Office”; it conduct preliminary investigations of the crimes of people between the ages of 15 and 18 (CPC, Article 285). In the case of obvious crimes, the law enforcement officers only act to preserve the instruments, tools, signs and reasons of the crime and do not allow preliminary investigation of the child. In the event that the child is arrested, judicial officers immediately hand over the accused to the prosecutor’s office or the special court for children; Article 40 of the CPC refers to the non-disclosure of information related to the identity and residence of the victim, witnesses and informants, Article 286 refers to the filing of a personality file, Article 410 refers to counseling services, and Article 414 refers to the permission to proceed in the child’s absence if it is in his best interests.
180.Responding to the request (c) paragraph 92 CRC/C/IRN/CO/3-4, it is noteworthy that in the case of crimes that are dealt with under the jurisdiction of the first criminal court and in criminal sentences of the sixth degree and above (crimes resulting in imprisonment terms between six months to more than 25 years), the presence of a lawyer, and therefore, the Prosecutor’s Office or the Child and Juvenile Court informs the parents or legal guardian of the accused to appoint a lawyer for him; where a lawyer is not appointed, and where no justified excuse is declared, the judicial authority appoints a lawyer for the accused (CPC, Article 415).
181.The child is subject to social institutions with a de-incarceration approach, and the court can “reduce” the punishment prescribed for the child or make it lighter or “postpone” or “suspend” the execution of his punishment (IPC, Articles 93 and 94). The criminal convictions of people under 18 will not have secondary criminal consequences for them (such as deprivation of social rights) (Article 95).
182.Responding to the request (g) of paragraph 92 of CRC/C/IRN/CO/3-4, regarding the separation of juvenile detention facilities from adults, it is noteworthy that in accordance with CAPA (Article 6(c)(1)), the Organization of Prisons is required to keep children separately from adolescents and other prisoners. Also, if the juveniles are sentenced to prison they will be sent to protective and corrective centers such as the “Juvenile Detention Center for Children and Adolescents” to serve the duration of the sentence (CPC, Article 513). The Juvenile Detention Centers are places for the maintenance and education of children and adolescents subject to this law, which are established by the Organization of Prisons, in the centers of the provinces and according to the need and necessity, as determined by the head of the Judiciary has been established or will be established in other regions of the country (CPC, Article 525). Judges of the Child and Juvenile Court are required to visit the Juvenile Detention Center in their area of service at least once a month to check the judicial status of the clients as well as their educational and moral development (CPC, Article 526).
183.Organization of Prisons is the place of settlement, rest, and care of clients and is divided into four segregated sections:
(a)Section for care of children under 15 years of age;
(b)Section for care of adolescents between 15 to 18 years of age;
(c)Section for care of youth over 18 years of age;
(d)Safe rooms.
184.Implementing Regulations on administration of corrective centers and quality of corrective measures as well as classifications based on gender, age, type of crimes and executive affairs of juvenile centers are approved by the head of the judiciary (CPC, Article 528). The regulations of this article was compiled by the judiciary and is currently going through the process of approval by the government.
185.Promulgation of the “Judicial Transformation Document” (2020) by the Head of the Judiciary: among the strategies included in this document is “strengthening the identification and protection of children at risk and providing solutions”.
186.Responding to request (f) of paragraph 92 CRC/C/IRN/CO/3-4 on guaranteeing the privacy of children who have acted in violation of law during preliminary investigations and trial stages, it is noteworthy that the disclosure of the identity, information and secrets of a child or adolescent who has been abused or is in a precarious situation is a crime regardless of the method of publication, and for the perpetrator, sixth degree imprisonment has been stipulated (CAPA, Article 19). Articles 285 to 287 of the CPC are dedicated to “preliminary investigations of child and juvenile crimes” and stipulate the creation of a “Special Court for Juveniles” in which the preliminary investigations of the crimes of people between the ages of 15 and 18 will be carried out. In the case of obvious crimes, the judicial officers only act to preserve the instruments, tools, signs and reasons of the crime and do not allow preliminary investigation of the child, and in case of his arrest, they immediately hand over the accused to the prosecutor’s office or the special court for children.
187.In addition to the child’s parents or legal guardians, the lawyer, the plaintiff, the persons whose opinions were obtained in the preliminary investigation, witnesses, informants, social workers of the state welfare organization have the right to be present in the court of children and adolescents, The presence of other persons in the hearing is subject to the approval of the court.
188.According to Article 38 of the Law on the Protection of Children and Adolescents, parents, guardians, legal guardians and attorneys of children and adolescents, as well as a social worker, have the right to attend hearings and provide advisory opinions and support suggestions for children and adolescents.
189.Responding to paragraph 53 CRC/C/IRN/CO/3-4, it is noteworthy that although the mentioned ages of 9 and 15 years are the minimum age for determining criminal responsibility (IPC, Articles 146 & 147), but by adopting a discriminatory policy towards children under the age of 18 who have committed crimes causing Hudud and Qisas, the IPC specifies in Article 91 that when a juvenile is under 18 years old, do not understand the “nature of the crime” has been committed or its “sanctity” or there is doubt about their “growth” and “perfection of reason”, the punishment of Hudud and Qisas will not be applied to them. And according to the case, due to their age, they are sentenced to protective and corrective punishments. According to the note of Article 91, the court can refer the case to the forensic medicine for examination in order to determine the development and perfection of the child’s reason, or use any other method it deems appropriate to verify the development and perfection of the child’s reason; It is worth mentioning that before the request of the committee (in paragraph b of number 36) CRC/C/IRN/CO/3-4, people under the age of 18 who were sentenced to death by a final decision before the approval of Article 91, can initiate a retrial so that if the conditions of Article 91 are met, their punishment will be reduced.
190.Punishment of qisas nafs (Retribution) is one of the types of punishments that the plaintiff and parents of the victim can declare forgiveness of, and therefore, with their forgiveness, this punishment will not be applied. According to Article 347 of the Penal Code, the owner of the right to qisas can waive the execution of retribution at any stage of the prosecution, investigation, or execution of the sentence, free of charge or by compromising with right or property.
191.Responding to request (a) of paragraph 36 CRC/C/IRN/CO/3-4, the VPWFA, has prepared the “bill amending regulations on child and juvenile criminal responsibility in the IPC2013” for the purpose of replacing capital punishment. The bill is undergoing approval.
Practical measures
192.The NBCRC has taken the following steps:
(a)Organization of numerous meetings with prominent jurists, eminent lawyers and thoughtful judges in order to increase the age of criminal responsibility and reduce retribution sentences for adolescents under the age of 18, within the framework of legal‑jurisprudence capacities;
(b)Organization of special training workshops for judges, lawyers, police forces, social workers, counselor in all provinces country-wide in order to train activists for the promotion of child rights and interests (Figure 33-34, Annex 2);
(c)Visitation of the Juvenile Detention Centre And the special judicial complex for children during provincial trips with a view to solving existing problems;
(d)Organization of a regional conference on child rights with the focus on justice for children and adolescents in December 2018 with the aim of presenting the achievements of the Islamic Republic of Iran in the field of child rights, creating a platform for interaction scholars and experts in the field of children’s rights, educating the representatives of the participating countries about child rights and providing an opportunity for exchange of experience in the field of child rights;
(e)Creation of a legal and judicial working group in the children’s judicial complex;
(f)Follow-ups to cases of murder of a child or teenager by parents or other family members through the judiciary with the aim of effectuating the conviction and decisive execution of the punishment for perpetrators, by sending a special representative who presents an analysis of the issue and its root causes and factors. The follow-up are prevention oriented;
(g)Organization of a specialized session on child rights, namely, “The reflection of child rights in Islamic jurisprudence”. The session’s main focus was on the prohibition of capital punishment for people under the age of 18 from an Islamic jurisprudential point of view.
193.The judiciary has taken the following steps in the field of special proceedings for children starting in 2015:
(a)In order to promote alternative punishments to imprisonment, theSocial Deputy has designed the “consultation in ‘child and adolescent courts’” program. This initiative covers the selection of the best decisions of special judges for children and adolescents in all provinces. This initiative pursues the goal of motivating of judges in the issuing of decisions in support of children and adolescents;
(b)The Social Deputy has established a structure called “Child and Adolescent Protection Office” as envisioned by CAPA (Article 4). This office has provincial and city office branches and is a work in progress;
(c)Issuing judicial decisions for the victimized/delinquent child, with the approach of reducing vulnerability to children and with a view to guaranteeing their best interests;
(d)Organization of 30 workshops on “child and adolescent justice System” by the Legal Deputy with the aim of training of judges, lawyers, police forces and social workers;
(e)The training of “child and adolescent court” judges in the form of judicial training courses throughout the country on an annual basis and by the Human Resources Deputy;
(f)The continuous training of the personnel who work in the area of special proceedings for children in the form of in person national training seminars and presentation of successful experiences and procedures related to the special proceedings for children;
(g)The Social Deputyhas implemented a training course on “growth oriented prevention especially for judges and judicial staff” in the following frameworks:
The “23 skills program” for raising children;
Compilation of legal service provision packages to students at risk, especially for judicial staff under the NAMAD program (social care system for students);
Counselling programs in the “child and adolescent court”.
194.The initiative for “designing and implementing the counseling system in child and juvenile courts subject to Articles 298, 315 and 410 of the Civil Procedure Code” has been compiled based on the conditions and characteristics of delinquent children and adolescents under 18 years and for the purpose of operationalizing the aforementioned provisions in child and juvenile courts in accordance with the promulgated instructions. Among the key features of this initiative is the use of counseling, offering of specialized counseling to clients subject to the authorization of the court, and laying the groundwork for effective communication between the judge of the case with the counselor for the purpose of maximum use of new legal capacities such as institutions of punishment reduction and alternative punishments. To the present, a total of 33,872,983,394 Rials of resources have been allocated.
Years 2017–2019
|
Number Counselors |
Conducting Training Courses for Judges |
Proceedings and Termination of Children’s Cases |
Number of Compromises |
|
2 984 |
86 |
52 786 |
6 994 |
195.FARAJA has taken the following steps:
(a)Provision for the presence of counselors and social workers in police stations with the structure of counseling and social work departments. Counseling and social work departments are involved in related specializations such as psychology, social sciences and educational sciences. Stationed police officers also participate in standardization and behavior improvement workshops, especially in the field of women and children. Approximately 1,000 police stations at the police command level of the provinces of the country have counseling and social work departments that provide specialized counseling and peaceful measures with the aim of prevention of delinquency or repeat victimization to children and their families;
(b)The training judicial officers about proper treatment of children (implementation of Article 30 of CPA).
F.Protection of children against entering the armed forces and participation in armed conflicts (Article 38)
Legal measures
196.Our legal system is founded on the prohibition of the recruitment and entry of children into the armed forces and their participation in armed conflicts. The minimum age for hiring army staff is 16 years (Army Act, Article 29, 1987).
197.“Employment of Revolutionary Guards Act” (ERGA, 1991) has set the minimum age for permanent and regular personnel and Basij personnel to be 16 years (Article 16). Students are exempted from this minimum employment condition (ERGA, Article 16, Note 2). This exception is in compliance with the Protocol since the Protocol does not require requirement a gradual increase in the minimum age of voluntary membership in the armed forces especially in schools that are under the control of the country’s armed forces or are managed by them (Article 3(5)).
198.The “Employment of the Police Force Act” (EPFA, 2004) has stipulated the minimum age of 17 as a condition for employment in this Police Force (Article 16).
Practical measures
199.NBCRC prepared a bill for acceding to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC) which was approved by the cabinetand is going through the legal formalities of approval in the Islamic Consultative Parliament.
G.National reporting to the Committee on the Rights of the Child
200.The government of Iran submitted the first report on the implementation of Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography to the Committee.