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COMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF IRAN

20 January 2005

Committee on the
Rights of the Child
20 January 2005


The Committee on the Rights of the Child today considered the second periodic report of Iran on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report was Mohamad Mahdi Akhoondzadeh, Director-General for International Legal Affairs of the Ministry of Foreign Affairs of Iran, who said that measures had been taken to promote the education of girls, narrow the gender gap, provide legal support for children born out of wedlock, revise or amend certain laws related to children, expand pre-school education, and enhance children’s participation in the decision-making process and respect their opinion.

In preliminary remarks, Committee Expert Kamel Filali, the Committee Expert who served as country Rapporteur for the report of Iran, said Iran was a country where enormous reforms were undergoing in many fields, including the rights of the child. The Committee had witnessed Iran’s desire to do all that it could so that all children enjoyed the rights enshrined in the Convention. He said the Committee was able to identify the areas where greater attention was required such as the reservation on the Convention, coordination and monitoring, data collection, definition of the child, discrimination against girls, children with disabilities, religious minorities, corporal punishment and economic exploitation of children.

Other Committee Experts contributed to the debate by raising questions pertaining to corporal punishment, the general reservation on the Convention, refugee children, early marriage of girls, birth registration, and children with disabilities, among other things.

The Committee will release its formal, written concluding observations and recommendations on the report of Iran towards the end of its three-week session which will conclude on 28 January.

The delegation of Iran was made up of representatives of the Ministry of Labour and Social Affairs, the Ministry of Health, Treatment and Medical Training, the Ministry of Education and Training, the Ministry of Foreign Affairs, the Ministry of Interior, the Social Security Organization of the Central Province of Isfahan, the Management and Planning Organization, and the Permanent Mission of Iran to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Iran is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Monday, 24 January, it will take up the second periodic report of Togo (CRC/C/65/Add.27).

Report of Iran

The second periodic report of Iran, contained in document CRC/C/104/Add.3, says that the county’s Constitution forbids any kind of discrimination based on race, gender, and colour, among other things. It guarantees equality before the law, and protection of the people. In the domain of education and training of children, no discrimination exists, there is no bar to admissions based on religion, and no law, circular or regulation has been issued on this matter. The Ministry of Education and Training, in pursuance of the goals of education and the ruling values of the society, based on the teachings of the religion of Islam, and in the view of the rights of the child, has based its activities to increase educational coverage of children and youth.

The report notes that the programme for combating the illiteracy of girls and its implementation in 15 provinces includes the elevation of technical and professional expertise of girls’ secondary boarding schools in the underdeveloped regions; the expansion and equipping of technical education facilities for girls; and the training of female instructors in the underdeveloped regions.

According to the report, despite the existence of some problems and constraints in the full realization of the rights of Iranian children, which is partly due to the current laws and partly due to problems regarding implementation, the general trend of the status of children in the country is towards improvement. Other than the achievements in the health and educational domains and the revision of the laws dealing with children, one of the most important activities in the country during recent years has been attracting the attention of the public towards the issue of children’s rights and related issues.

Presentation of Report

MOHAMAD MAHDI AKHOONDZADEH, Director-General for International Legal Affairs of the Ministry of Foreign Affairs of Iran, said Iran, with a population of 67 million, had a high percentage of young people, 20 million of whom were under 15 years of age. That called for extensive planning by the relevant Iranian authorities to promote the status of that immense and precious pool of young talent.

Mr. Akhoondzadeh said measures had been taken to promote the education of girls, narrow the gender gap, provide legal support for children born out of wedlock, revise or amend certain laws related to children, expand pre-school education, and enhance children’s participation in the decision-making process and respect their opinions.

Based on the articles of the Convention, Mr. Akhoondzadeh said, the Ministry of Education had focused its activities mostly on increasing the educational coverage of school-aged children and young adults, with priority being given to rural and disadvantaged regions, and reducing the educational gap between urban and rural areas. It also focused on promoting the education of girls, especially in rural areas, and narrowing the educational gap between girls and boys by taking necessary steps to keep girls in schools at different levels.

He said the Ministry had also paid special attention to the cultivation of the talents of gifted students. To promote the participation of children in the decision-making process and ensure respect for their opinion, several initiatives had been launched in the country, including school mayors, student councils, student parliaments, national students organizations and the Islamic Student Union.

The Ministry of Health and Medical Training was responsible for planning and implementing the necessary measures on childcare, immunization, and control of special common childhood diseases, Mr. Akhoondzadeh said. The Ministry was also involved in making and implementing necessary policies to control malnutrition and promote breastfeeding. Access to health and sanitary services for rural and urban areas had grown respectively to over 87 per cent and 100 per cent.

Mr. Akhoondzadeh said the Iranian Foreign Ministry and the UNICEF office in Tehran supported the establishment of the national authority for the rights of the child, which was initiated jointly in a project designed to uphold the Convention. A working group had also been established.

Questions Raised by Committee Experts

KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Iran, noted that Iran had ratified the Rome statute of the International Criminal Court, which contained some articles on the rights of the child. It had also ratified ILO Convention No. 182 on the elimination of the worst forms of child labour. The Government had also put in place an arsenal of legal instruments on various issues. However, there was no information in the report relating to the working group put in place to study the compatibility of the Convention with domestic laws.

Mr. Filali said Iran had made a general reservation when it ratified the Convention. The reservation was not precise and affected many of the important articles of the treaty. It would have been preferable for the State party to clearly indicate the articles that it had problems with. How did the Islamic Human Rights Commission function? What was its impact at the regional and local levels? Could children lodge complaints with the Commission?

Mr. Filali expressed concern about the situation of girls, saying that many were married early with all the negative consequences which that might have. Girls could also apparently be sentenced to the death penalty. What measures were taken to educate the population to stop discriminatory attitudes against girls? The Committee was also concerned about the persistence of de jure discrimination against girls and children born out of wedlock. The general attitude of the population concerning girls’ education was still negative, particularly in the rural areas, where there was a low rate of girls’ education, and where early and forced marriages took place.

Mr. Filali said the Committee was concerned about the restrictions imposed on the right to freedom of religion, particularly on the members of the Baha’i community which was not recognized by the State party. The members of that community had reportedly suffered from discrimination in terms of education, employment, travel, housing and cultural activities.

IBRAHIM ABDUL AZIZ AL-SHEDDI, the Committee Expert who also served as Rapporteur, noted the lack of segregated data on activities pertaining to children’s rights. He wondered if the national committee put in place by the Ministry of Foreign Affairs to prepare the report had reviewed the previous recommendations of the Committee. He asked for further information on that situation. On birth registration, he said 15 per cent of children were not registered; how could they attend school if that was the case? There was no specific allocation of resources for children; how did the Government evaluate the impact of its budget allocation on children’s rights? Corporal punishment was a concern to the Committee; were there any measures to prohibit its practice in the school and the family? What steps were taken to disseminate the Convention in languages other than Farsi? The effort of the State party to cooperate with UNICEF in that area was to be appreciated.

Other Committee Experts also raised a number of questions pertaining to the reservations made by the State party; the death penalty for minors; coordination of the implementation of the Convention in the 28 provinces; street children and refugees; the lack of legislation allowing Iranian mothers to transmit their nationality to their children; the lack of basic social services for children of unrecognized religious communities; the conditions of blood money relating to the killing of children; trafficking in children; a mechanism to protection children from natural disasters; the status of children with disability; the situation of children imprisoned with their mothers; the nutritional status of the country; protection against HIV/AIDS and reproductive health; unaccompanied child asylum seekers; and the law on adoption and inheritance rights, among other things.

Response by Iranian Delegation

The Government had established juvenile courts around the country, the delegation of Iran said. A new juvenile justice bill had been tabled before parliament to strengthen the rights of the child and to reinforce the legal procedure concerning the situation of minors who were in conflict with the law. Judges had also been appointed, including one woman, to carry out the function of juvenile justice. The juvenile justice bill categorized children into three age groups to better deal with their cases. For children between 9 and 12, there was no penalty envisaged in the law, however, they were handed over to their parents. Both girls and boys from the age group of 12 to 15 could be placed in correctional centres from 3 months to 1 year. For the third age group of 15 to 18, rehabilitation activities and imprisonment could be imposed according to the seriousness of the crime committed. Flogging, death penalty and life imprisonment had been eliminated for all minors.

Iranian judges in their verdicts relating to children invoked the articles of the Convention, the delegation said. There had been 900 verdicts pronounced with regards to children. For many years, there had been a moratorium on the death penalty with regard to minors under 18.

In collaboration with UNICEF, the Iranian Government had accomplished a number of activities to promote and protect the rights of children, the delegation said. It had also continued to cooperate in the creation of a national institute for the protection of the rights of the child.

The Government of Iran continued to cooperate with UNICEF, UNESCO, and the United Nations Population Fund (UNFPA) in all areas, the delegation said. With regard to education, primary and guidance education was compulsory. The Government's cooperation with the Office of UNICEF in Iran had yielded results in educational programmes and activities.

All newborn children were provided with registration certificates bearing the name of their father, the delegation said. However, due to geographical distances and different cultures, some births were not immediately registered.

The number of street children in the country was less than 60,000, the delegation said. Vulnerable children were sheltered on a temporary basis by governmental and non-government agencies (NGOs). Children in bigger towns were assembled in temporary centres until they were transferred to safe children’s homes and centres. Special centres were also set for girls and boys who had been abused. A child held in a centre on a temporary basis could be returned to his or her family or to the nearest of kin.

The number of NGOs working in the area of child rights exceeded 1,600, the delegation said. Many of them ran centres for children with special needs. Other NGOs carried out educational training on the rights of the child in which both adults and children participated.

The Ministry of Education and Training had taken a number of initiatives to boost the education system so that boys and girls alike were fully integrated, the delegation said. Parliament had allowed the Ministry to recruit an additional 40,000 teachers to meet the growing number of students. In cooperation with UNICEF and UNESCO, the Government had also designed long-term programmes to strengthen the education system.

All Iranian children had to finish a compulsory eight-year education without any discrimination as to their religion, the delegation said. Students of the Baha’i religion were also included.

The Government of Iran had signed a memorandum with the Office of the High Commissioner for Human Rights to promote human rights education in Iranian schools, the delegation said. The Government found it useful to teach human rights to students and pupils at the grass-roots level. The Ministry of Education was also promoting other programmes on human rights teaching.

The Iranian labour law prohibited the admission to employment of children up to the age of 16, the delegation said. Minors between the age of 16 and 18 years could be engaged in light work. Employers should observe that such children were not employed in harsh and difficult work. Iran had ratified the International Labour Organization (ILO) Convention No. 182 on the elimination of the worst forms of child labour.

Children could accompany their mothers in prison, particularly if the children were breastfeeding, the delegation said. (According to the report, there were over 600 children living with their mothers in prisons throughout the country.)

The Ministry of Health had taken a series of preventive measures against HIV/ AIDS, the delegation said. Students were provided with information on the disease and how it was transmitted. So far, 60 persons had died of AIDS while 190 still suffered from the disease.

The age for criminal responsibility started from 9 for both girls and boys, the delegation said. Children between 9 and 12 who committed crimes were subjected to corrective methods; while those between 12 and 15 years who committed serious crimes, such as murder, were held in centres for up to one year.

Asked about temporary marriages, the delegation said there were two kinds of marriages in the Shia jurisprudence. In both cases, the rights of women were ensured in the contract. Permanent marriage might not be possible for all people; therefore, temporary marriage was concluded for two persons to live together. Since many people did not agree on the existence of these two kinds of marriages, legislators were thinking of introducing draft laws that would change the situation. The rights of children were not affected under both kinds of marriages.


Preliminary Remarks

KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Iran, said Iran was a country where enormous reforms were undergoing in many fields, including the rights of the child. The Committee had witnessed Iran’s desire to do everything possible so that all children enjoyed the rights enshrined in the Convention. The dialogue with the delegation had been transparent. The Committee was also able to identify the areas where greater attention was required. The previous concluding observations of the Committee had not been implemented. The Committee had concerns on the reservation on the Convention, data collection, definition of the child, discrimination against girls, children with disabilities, corporal punishment and economic exploitation of children, among other things.



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