:
A Summary of the Legislations
of the Islamic Parliament of Iran
On Human Rights Standards.
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INThE
NAME OF ALLAH
A Summary of the Legislations
of the Islamic Parliament of Iran
On Human Rights Standards
Table of Contents
Introduction 1
Right of Women and family 4
Children and adolescents 8
Dignity and Privacy of the Citizens 12
Freedom of Expression and Information 14
Ethnic and Religious Minorities 16
Persons with disability 19
Labor, Welfare and social Security 21
Just and Fair Proceedings 23
In the Name of the Almighty
A s mmary of the Legislations on Human Rights
Standards Passed by
The Islamic Parliament of Iran
Introduction:
“Law' is a binding instrument with enforcing security
wherein the rights and responsibilities of individuals are
defined. In other words law is approved to safeguard and
protect the rights of human society. References to the
responsibilities mean some kind of emphasis on such rights
to secure their compliance as strongly as possible. In short,
law can be regarded as an instrument securing legitimate
rights of individuals. Evidently, the sole existence of law
under the patronage of a body namely” legislative power'
does not mean safeguarding of the rights of individuals, as
otherwise law-deprived societies are : ëonsidered
uncivilized.
• Under such strongly institutionalized mechanism in
different fuling systems, why in light of the issue of law
and lawmaking which has been principally constituted to
safeguard legitimate rights of people of all walks of
society, another branch i.e. “human rights” has come into
fore which has extensively received the attention of
theoreticians , researchers, politicians and citizens? This
means that both law and lawmaking bodies have not given
due weight to their duties and emergence of this new
branch is intended to once again give official recognition
to the legitimate rights of citizens, or other objectives
should be taken into account?
Scrutinizing the facts that led to the emergence of the
principles and concepts of “human rights” requires deeper
and more extensive analysis. Regardless of the various
theoretical and ideological reasons in support of human
rights, one can briefly concludes from the issues raised
under this theme that it seeks to reiterate the values that are
apt to be more obviously and seriously violated by national
sovereignty in the course of their interaction with the
people. Accordingly, the more sovereign governments
have dissociated themselves from despotism and
dictatorship, ruling under a democratically elected system,
they have more respect for the values coming under the
series entitled ‘human rights standards”
The Islamic Republic of Iran; a democratically elected
system, was founded to bring to an end the ruling of
despotic and dictatorial regimes. Globally there are various
ruling systems based on ‘republicanism “, while the ruling
system in Iran is distinctively differentiated from other
systems, as it is founded on the sublime sacred divine
tenets of Islam which has introduced a pattern of ruling
system under” religious democr cy'. Under such a system
the values associated with human rights is naturally
expected to be highly respected, more particularly by the
national sovereignty, because the sacred religion of Islam
inundated with lofty tenets that, in turn, consider greater
res ect and status for the values accepted by human rights.
Once such peculiarities associated with republicanism of
the system, an unparalleled feature of respect to human
rights values is manifested.
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Consequently, sensitive and significant role of the
legislative body in the Islamic Republic of Iran, i.e. Islamic
Parliament of Iran becomes• more evident in safeguarding
human rights standards. Adoption of any decision by this
body on human rights manifests basically its adherence to
religious duties and tenets: In fact this body gives legality
in its present sense to the relevant religious decrees, while
designating sanctions for violation thei eof. Given this fact,
as truly elected representative of people, a lawmaker. has
thus complied with his/her duties for protection and
safeguarding of the legitimate rights and freedom of the
electors.
Collection of the laws and enactments along with the
bills or motions under examination briefly referred to here
partly tend to display adherence of the Iranian lawmakers
to the human rights standards that date back to a couple of
decades ago. Though “the law allowing accession of the
Iranian government to the International Conventions on
Civil, Political, Economic, Social and Cultural Rights”
was approved by the Parliament on May 76, 2009 whereby
an equal and non-transferable natural and legal credibility
was recognized for all members of human family on the
basis of global freedom, justice• and peace, nevertheless
this domain of legislation dates back to many years earlier,
namely 1921. Following are some examples attesting that
our country inspired by a rich culture and sublime religion
takes lead in safegu irding human nghts standards in its
modern conception. Undoubtedly one can scrutinize to find
many other enactments of human rights nature. One
should acknowledge that there is a long way ahead to
achieve an ideal situation, which calls for harder efforts of
lawmakers.
The series of evidence coming under this report appear
in 8 chapters. The Constitution of the Islamic Republic of
Iran constitutes the core of this categorization (Chapter ifi:
Rights of the Nation). The Great Leader of the Revolution
describes this instrument as follows:
The Constitution of the Islamic Republic of Iran is
regarded as the manifestation of demands and ideals of the
Iranian nation indicating the right direction and path to the
people within an overall framework for codification of the
general rules and policies of the system. Flexibility to
adapt with the prevailing situation and finding solution to
different problems is the peculiar significance of the
Constitution which has introduced practical ways by
seeking the expertise opinions of the experts. It is hoped
that this report can serve as an appropriate basis to respond
to the egis1ations needed for protection of human rights
standards within the framework of sacred religion of Islam
and the Constitution.
1. Rights of Women and Family:
Article 21 of the Constitution focuses on protection of
the rights of women, though other also refers to some
extent to some other protective rules. In general women are
the core issue of three articles of the constitution, namely
articles 3, 20 and 21. Also family is another issue that
principally referred to in 4 Articles, namely 10, 21, 31 and
43. Certain other different cases of law have been
approved for protection of women rights under series of
ordinary laws which include as follows:
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1.1 Family Protection Act, approved on June 15,
1967 1
As a pre-revolution legislation, havingi undergone
certain amendments this law is still considered ‘to be
applicable. Under this law certain rules have been obsètved
in the process of separation of spouses with grater
tendency to exercise protective treatment toward women.
1.2. The Law on maintenance of women and children
with no guardianship
Ratified in 1983, this law was later amended more
comprehensively and approved by the Islamic Parliament
of Iran in Nov. 2002 and received confirmation of the
Guardian Council. Approved in 10 Articles and 8 Notes it
has provided for special financial, cultural', and social, job
protection'and work aid.
1.3. The Law on allocation of quota to women for
admission to the specialized
medical residency, approved on Sept. 20, 1993
This law provides that Ministry of Health, Treatment
and Medical Education should allocate to. women a
minimum 25% quota of admission to medical residency in
the medical fields mentioned and a minimum of 50% to
other branches oftstudies. .
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1.4. The Law on encouraging mothers to
breastfeeding and protection of them in the course of
lactation, approved on March 13, 1996 and kiter
amendments approved on March 13, 1996 and June 27,
2007
This law focuses on various aspects of •breastfeeding
mothers, particularly working mothers who can enjoy
certain privileges such as maternity leave.
1.5. The Law on addition of one Para and one Note
to Article 6 of Press Act, approved on Aug. 22, 1998
According to this paragraph taking advantage of
individuals (male or female) as an instrument in pictures,
degrading and insulting treatment to female sex, indecent
and illegal publicity is disallowed and the offenders shall
be sentenced to punishments referred to in Article 698 of
the Islamic Punishment Act.
1.6 .The Law on cooperation agreement in respect of the
activities of women and family, approved May 13, 2003.
This agreement was signed on the occasion of the
official visit to Tunisia of advisor (in women affairs) to the
President of the Islamic Republic of Iran and Head of the
Center for Women Participation Affairs which took place
from April 16-2 1, 2000 at the invitation of the Tunisian
Minister of Women and Family. This document
containing 8 items refers to mutual relations on qualitative
promotion of women activities within family and related
atmospheres -
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1.7. The Law on protection of the ri hts'and
responsibilities of women in the international and
international arena, approved on Feb.4, 2007..
This legal motion prepared on the basis of the
reference document' Charter on the rights and
responsibilities of women in the Islamic Republic of Iran'
received approval on Sept.22, 2004.The High Council of
Cultural Revolution binds the government to facilitate
practical attainment by women of the rights and
responsibilities in the internal and international arena under
Articles 20 and 21 of the Constitution and in light of the
Forward-Looking Document.
1.8. The Law on the incremental coverage of
rehabilitation and protection of persons with disability
and women heads of the household by State Welfare
Organization, approved on June 26, 2008
According to this law the government is authorized to
develop services coverage needed for protection and
rehabilitation of 100,000 disabled persons and 30,000 of
women heads of the household.
1.9 The Law on partial amendment of Civil Code,
approved on Feb.5, 2008
According to this law (Articles 946, 948) of the Civil
Code were so amended that the wife is entitled to inherit,
in addition to movable property, from immovable property
including site and building.
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‘2 Children and adolescents
In addition to various Articles of the Constitution(
including Article 30 on the necessity of education to
children up to the secondary school together with other
rules on family underscoring the rights of this group as the
founder of future, numerous other protective laws and rules
have been ratified, by the Islamic Parliament of Iran. For
Example:
2.1. The Law granting guardianship of minor or
mentally incompetent children to their mothers, approved
on Dec.29, 1981
According to this law, guardianship of minor or
mentally incompetent children whose fathers have attained
the sublime status of martyrdom or died shall be, granted to
their mothers. The conventional living subsistence of such
children either to be met from the inherited property or
paid by the government or any of the revolutionary bodies
shall be put at the. disposal of their mothers, unless a
competent court rules out competency of the mother. The
Islamic Parliament of Iran amended this law in August
1985.
2.2. Law on the accession of the Islamic Republic of
Iran to the Convention on the Rights of Child, approved
onFeb.20, 1993
Approved on the basis of the relevantArticles of the
UN Charter to recognize the integral rights of equality and
status of all members of human family in order to lay the
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foundations of freedom, justice and peace in the world, this
Convention considers child as the most vulnerable member
of this family on whom the future of the world is based.
This instrument with .a preamble and 54 Articles
emphasizes on various aspects of -protection needed by
children. The Islamic Parliament of Iran approved this
Convention in 1993.
2.3. The Law on acceptance of amendment to the
Convention on the Rights of the Child, approved on July
10, 2001 . -
Pursuant to the UN Resolution A50/155—Dec.21,
1995, amendments to the Convention were approved by
the Islamic Parliament of Iran. -
2.414w on ratification of the Convention on
Prohibition and Immediate action for eliminating worst -
forms of child labor and the additional note, approved
Oct.30, 2001
This Convention which was introduced in the General
Conference of International Labor Organization to the
member states for adoption on June 17, 1999, was
submitted to the Islamic Parliament of Iran in October
2001. Having ratified, the Islamic Parliament of Iran
required, under the threefold Notes thereof, the concerned
Ministries such as Ministry of Mine and Industries,
Ministry of Health and Ministry of Labor arid Social
Affairs to enforce the applicable rules.
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2.5. The Law on Protection of Children and
Adolescents, approved on Aug. 20, 2002
Focused on the fight against harassments, physical. and
mental injuries against the children under 18 years of age,
this law was approved by the Islamic Parliament of Iran
ensuring certain punishments for the perpetrators of such
offences.
2.6. The Law on the citizenship of the children of the
Iran ian women marrying to Non-Iranian men, approved
on Sept.24, 2006
According to this law, the issues born in Iran to the
Iranian women married to non-Iranian men, or born in Iran
not later than one year after adoption of this law may apply
for the Iranian citizenship when they reach full 18 years of
age. In absence of any penal or security records and their
rejection of non-Iranian citizenship, such applicants are
admitted to have Iranian citizenship.
2.7. The Law on accession of the Islamic Republic of
Iran to the Optional Protocol to the Convention on Child
Labor concerning sale, prostitution and pornography of
children, approved on July 31,2007
This Protocol was adopted by the UN General
Assembly on May 25, 2000. It is noteworthy that certain
provisions of this Protocol have received greater attention
of the Islamic Parliament of Iran in later enactments. A
clear example of such case refers to the law on Cybernetic
offences which extensively focus on penal aspects of child
abuses. More significantly this law considers universal
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competence for cybernetic offences that abuse individuals
less than 18 year of age. (Para” d” of Article 28).
2.8.The Law on payment of stipend to the children of
deceased mothers under Social Security' Act and other
Pension funds, approved on Dec.27, 2007
According to this law, pension payable to mothers, in
the case of their death, likewise the deceased fathers/men,
shall be payable to their children. This law ensures
noticeable protective privileges for children who might
suffer much in absence of their guardians.
2.9. Legal bill on protection of children and
adolescents with no guardian, introduced on Feb.24,
2009 •
In order to adapt “the Law on Protection of Children
and Adolescents with no guardian (adoption) “approved
in 1974 with the latest prevailing circumstances and further
to prepare a better and sufficient ground for protection of
this vulnerable category and preservation of the sacred
status of family in light of Islamic norms, this legal bill
has been submitted. The present bill prepared within the
framework of Article 29 of the Constitution has provided a
more extensive spectrum for entrusting guardianship of
qualified children and adolescents to the competent
families, while encouraging better enforcement of care
strategies by the guardians and promoting relations with
guardian parents and mentioned children to ensure a
mentally, physically stable atmosphere for the upbringing
and growth of their personalities. The former act had
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certain shortcomings in this respect. This bill is now in the
agenda of the parliament.
3. Dignity and Privacy of the Citizens
This issue has been considered in Article 22, 23 and
25 of the Constitution. No independent broad based law
has been passed by the Islamic Parliament of Iran, though
it has on its agenda. However, here are the main laws
regarding this issue. -
3.1. The Motion on Privacy (presented on :June 28,
2006)
This motion which had been primarily presented to the
Parliament in the form of a bill while the 8 th government
was in office was later withdrawn by it. Before that the
issue had been raised by the 7 th Parliament and its
generalities were passed, with no further debates for final
adoption. Final ratification of the motion, though needs
certain amendments, is not only deemed necessary under
Article 23 and 25 of the Constitution, it can be also useful
in some other sensitive fields due to its
comprehensiveness.
This issue is of particular significance, with regard to
our country's accession to some international and regional
human rights conventions like Universal Declaration of
Human Rights and International Convention on Civil and
Political Rights to which we must adhere and take action to
adopt certain necessary interna' laws accordingly.
In sum, this motion consists of 7 chapters. The first
chapter under the title of definitions and generalities refers
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to the basic applicable conceptions, particularly the privacy
and personal status as well as other• relevant matters. In
Chapter 2,. the issue of ëorporeal privacy has been
considered, which is mainly related to -how the individual
can be inspected. In chapter 3, the privacy of places and
houses has been considered in which the process of law
enforcement bodies have been defined. Chapter 4 refers to
the privacy in work places and in chapter 5 the important
issue of privacy on information has been also taken into
account. Chapter 6 is particularly referring to privacy of
communication and finally in Chapter 7, the ramifications
resulting from violation” of this•. privacy have been
described.
3.2 Parts of the adopted bill on release of information
and free access to information (Jan 29, 2009)
As it will come in the following section, ..the .basis of
this act is to promote transparency of public information.
However, in this law sóme information has - been
categorized as exceptions which, inter-alia, is information
about indjvidual's privacy as referred in Chapter 4.
3.3 Cases of the Law on Cybernetic offences, adopted
on May 31, 2009) - .. - . -
According. to:Clauses 16 and ‘17 of these Act any and
all actions done by using computerized or communicative
systems which may .bear individuals'. degradation• are
defined, as offence requiring the punishments as applicable
Moreover, in Clause 2 - of this Act, overhearing' private
commu nicãtion' is. regarded' as an offence. This• is an
appropriate punishment - for violating private electrdnib
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communication. Yet in the second part of the Act which
refers to the legal proceedings of cybernetic offences, some
particular protective norms have been provided for law
enforcement bodies on presentation of transmittable data
and information about users (Articles 32 to 35 and 49).
4. Freedom of Expression and Information
Articles 4, 26 and 27 of the Constitution refer to this
issue and the relevant aspects. As regards the press;
however, Article 168 of the Constitution articulates that the
trials of such cases should be public and with the jury in
attendance.
4.1 The Law on the activities of Parties; Groups,
Political and Trade Associations and Islamic
Associations or recognized religious minorities, adopted
on 2OAug. 1971
According to this Act, formation of the said groups
within the framework of the General Policies of the Islamic
Republic of Iran is allowed under specifically protective
rights and norms.
4.2.Press Law, adopted on March 3, 1985'
It is noteworthy that this law dates back to more .than
one century ago i.e 1907. But in 1989, it underwent
fundamental modifications and ‘passed by the Islamic
Parliament of Iran in commensurate with the objectives
and ideals of the revolution. Certain -amendments to this
law have been approved including addition of a Note to
Rule 1 covering electronic publications. Thus any offence
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committed by the owners of e-publications under this law
shall be tried by the competent court in the presence of the
jury as an appropriate legal protection.
4.3 Adoption of the Bill on the release of and free access
to information, Jan.29, 2009
Passed by the Parliament recently 5 this Bill focuses on
one of the fundamental human rights of the people of Iran,
i.e access to public information. The Bill is still in the
process of final approval in the Expediency Council as it
has received objections on the part of Guardian Council,
which were not modified by the Parliament. In order for
this right not to be left impractical, some of its chapters
have been allotted to clarify ways of getting access to
information and also the duties of public and private
institutions. Moreover, a high governmental -authority
tasked with the Committee for the Release and Free Access
to Information is responsible for planning to control
enforcement of this law in the best way possible. In
addition, since there are no comprehensive applicable laws
on the governmental classified information as well as other
information not releasable to public, such as information
on individuals' privacy. Therefore, in order to prevent any
failure for enforcement of this law by touching on such
exceptional cases which may deprive Iranian people from
their established rights, a separate chapter has been
allocated to clarify such information on exceptional cases.
Finally some guarantees, including criminal sanctions have
been ensured for violation of the provisions of this law.
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4.4. Parts of the Law on Cybernetic offences,
approved May 30,2009
Appropriate provisions have been considered under
this law in order to protect freedom of expressiom in äyber
atmosphere and under filtering of news web sites.
According to this law filtering of websites is regulated and
confirmed to criminal cases. Under Article 21 only the
cases with criminal nature and not necessarily the immoral
ones will be filtered. Due and applicable legal rulings will
be issued- by an 11 member working group from
governmental authorities under the chairmanship of the
Prosecutor General. Moreover, if filtering of a website
comes to be a private complaint, action will be taken only
on the basis of the ruling from the relevant judicial
authority. More important point as stipulated under Note 1
to Article 21 it is provided that under certain conditions
websites of the offending party will not be filtered and the
ñghts of individuals to have access to the related legal
materials shall be kept. This ruling is enforceable under
certain conditions that the criminal nature of that website
becomes instantly ineffective.
5. Ethnic and Religious Minorities
There are various articles in the Constitution that
underline the need for observing the rights of ethnic and
religious mihorities showing respect for their spédial
customs and rites. The Articles include 12-15, 19 and 20. It
is to be noted that Iranian lawmakers have always adhered
to this important issue for a long time. Moreover, inspired
by such Articles, the Islamic Parliament of Iran has
adopted different protective laws in this regard. Following
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are parts of the present applicable enactments.
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5.1. Act related to the International Convention on
Elimination of all forms of Racial Discrimination (July
21, 1968)
This Convention with an introduction and 25 articles
has been adopted by all UN members to honor the
principle of natural creditability and equality of all
humankinds. As a signatory of this instrument, our country
has ‘it passed through the then National Consultative
Assembly on the said date.
5.2 .Law on Punishment of Publicity for Racial
Discrimination, passed on July 21, 1977
According to Article 1 of this law, publication of any.
kind of discriminatory ideas based on race, sex and racial
abhorrence and any provocative measures on the basis of
race or sex through public means and also any assistance
including financial aid to the activities with racial nature
shall be prohibited and the offenders will receive jail
sentence and pecuniary punishmenis.
5.3 Law on accession of the islamic Republic of Iran
to the International con vention for Prohibition and
Punishment of Apartheid Crime, approved on Feb.12,
1985. .. ..
In line with process of fight against any form of racial,
gender-based, language, religious discrimination and
respect for human rights and fundamental freedoms for all
humankinds, this Convention was adopted by the UN
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General Assemblyon Nov 30, 1973. In 1984 the Islamic
Parliament of Iran passed accession to this Convention
with confirmation form the Guardian Council.
5.4. Law on accession of the Islamic Republic of Iran
to the Inter,uitional Convention against Apartheid in
sport, approved on Sept 29, 1987
The Convention composed of an introduction and 22
Articles was presented to the UN members on Dec. 10,
1985 and was adopted as an instrument aimed at
eliminating all the discriminatory aspects in the sport
fields.
5.5. Law on Investigation of the Claims concerning
personal status and religious teachings of Iranian
Zoroastrians, Jews and Christians, adopted on June 24,
1993 by the Expediency Council
According to this Law, Article 13 of the Constitution
and also Single Article Act, it is specified that Personal
Status of non-Shiites Iranians in the courts of law should
be observed. As adopted in August 1933, personal status,
right of inheritance and will of non-Shiites, whose
religious beliefs have been reëogni2ed, should be observed
in respect of the prevailing customary rules and practices
in their region in the courts of law, other than cases that
relate to public disciplines as required under the law.
Therefore, in the case of examination of the said cases as
well as examiñàtion of the application for confirmation of
a will, courts shall observe the customary practices
exercised in the religion unless in respect of the provisions
of the law related to the disciplinary cases.
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5.6. Law on addition of one Note to Article 297 of
Islamic Penal code adopted in 1991 and confirmed by
Expediency Council on Dec. 27, 2003
According to this Note and based on the decree of
Supreme Authority of Jurisprudent, the blood money
payable to the religious minorities recognized in the
Constitution. shall be equally the same as payable, to a
Muslim.
6. Persons with disability,
In addition to. disabilities related to genetic
abnormalities i.e. congenital abnormalities as well as
disabilities resulting from natural or other incidents, our
society is facing a large number of disabled persons in the
course of 8 year sacred defense, who need appropriate
protection, under the, applicable laws. The Islamic
Parliament of. Iran, has greatly emphasized on this
important issue during the years after the sacred defense
while safeguarding the rights of persons with disability.
Among the laws passed in this respect:
61 Comprehensive law on protection of the rights of
persons with disability (May 7, 2004)
Ac ording to this law the govemrnei t is obligated to
attentively prepare the. grounds for the activities of persons
with disability in the society eliminating any unfair
discrimination. This law also applies to the guardians of
the persons with disability as they a1 o receive certain
facilities. Furthermore it has been ensured that the disabled
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persons can be a'so employed with due consideration of
their abilities.
6.2. Law on adoption of Convention for the rights of
persons with disability (Dec. 4, 2008)
This Convention, as the first Convention on human
rights in 21 st century was adopted by the UN Security
Council in Dec. 2006 to which 80 states joined. According
to this instrument States are obliged to guarantee rights of
the disabled persons by adopting necessary laws to
eliminate any discrimination against them. With regard to
the human, moraL national and religious history of our
country, the legal bill for accession to this Convention was
passed by the Islamic Parliament of Iran on Dec.25, 2008
and confirmed by the Guardian Council.
6.3. Law requiring the government to recover rights
of the disabled and victims of chemical war against the
Islamic Republic of Iran passed (Jan.26, 09)
The victims of the Iraqi Imposed War who include
over 50,000 disabled chemically and families of tens of
thousands martyrs of bio-chemical war suffice to prove the
oppression rendered to the Islamic country of Iran. Though
Iranians are regarded as the greatest living witness of the
history of such tragedy, nevertheless no serious action has
been taken to collect compensations, and the- countries
supplied such lethal weapons have not been called into
account on the basis of legal standards. Therefore a• Single
Article Act containing 5 Notes has been passed requiring
the government and the Judiciary to take necessary lcgal
and judicial actions, in addition to• resorting to such
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prerequisites as creation of a comprehensive data bank of
these crimes. This Act was served to the government on
Feb. 3, 2009: -
7. Labor, Welfare and Social Security:
There are several articles in the Constitution that call
on the government to give due attention to various aspects
of labor, welfare and social security of the citizens. Article
3(particularly Para 12), 28 and 29 are of great importance
in this respect.
Similarly several laws have been passed with an
appropriately broader coverage, particularly as a medium
to respond to the shortcomings and to meet the needs of the
modem society. This is the outcome of legislative
experiences gained in the past decades. Following are
examples of the recent enactments:
7.1 Labor Law:
The Principal Law relating to this domain, i.e. labor
law was passed by the then National Consultative
Assembly in 1957. It was later underwent certain basic
amendments in 1990. Many other laws have been passed
on related subsidiary issues which mainly include:
Apprenticeship Law (1970), Agricultural Labor Law
(1974), the,Law on granting the workersunder Labor Law
the. privileges for devotions and working in the war-
stricken regions (Dec.21, 1997), The Law on labor
agreement and development of labor force between the
Islamic Republic of Iran and Kuwait ( Oct. 2;2001), the
Law on agreement for social; labor and working
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cooperation between the Islamic Republic of Iran and
Qatar( June 26,1994), and the Law on transferring
government owned shares to the devoted and, workers (
Aug. 3, 1994).
7.2 Social Security Law
Passed' by the Islamic Parliament of Iran in 1975,
Social Security Law was extensively amended after the
Islamic Revolution to provide a broader coverage in order
to respond to the demands of the society. Among, such
amendments approved recently the law has provided
broader health coverage for male children of the pensioners
of civil servants, military service and social security funds
as well as other pensioners, who received approval of the
Islamic Parliament of Iran in July 2008. Similarly, the law
on the comprehensive structure of Social Security System
was passed by the Islamic Parliament of Iran on May 12,
2004, to provide an integrated system promoting services
to be rendered by the government to people in social
security field.
7.3. Insurance Law
In respect of insurance as an important issue, the
Islamic Parliament of Iran has passed major laws before
and after the Islamic Revolutionin order to bring a broader
coverage in quantitative and qualitative aspects for
protection of citizens. Certain important laws passed after
the revolution is as follows:
Unemployment insurance (passed on June 15, 1987),
Pre-mature retirement of those insured under Security (
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May 19, 1988), Public insurance of Sate Health Service(
Oct.25, 1994), Retirement, Death and disability Insurance
of Carpet and Rug Weavers( Dec.2,1997), Exemption of
Medical Service Insurance Organization from payment of
Taxes on the receipt of premium ( Jan.4, 1997), Social
Insurance of Taxi and Truck Drivers ( May 9, 2000),
Establishment of. Private Insurance Institutes ( Aug.
28,2001), and Social Security Insurance of Construction
Workers (Oct.31, 2001).
As regards the recent law which dates back to the' pre-
revolution' era, the compulsory insurance of construction
workers passed in• 1973 by the National Consultative
Assembly. At this stage other protections have been also
provided for the working group. It is to be noted that
working nature of this group had notbeen so far covered
by Social Security Laws, though they have always exposed
to serious risky as a' vu nerab1e working category. As a
result the Islamic Parliament of Iran realized the necessity
of putting this issue in its agenda. It is noteworthy, that
this law is not merely restricted to the insurance of the
Construction Workers, but has paid due. attention to their
training and skillfulness.
8. Just and Fair Proceedings:
In the Constitution of the Islamic Republic of fran
there are different articles that strongly emphasis on
protection of all citizens vis-à-vis the judicial system
ensuring their dignity and status in the process of
proceedings, particularly criminal proceedings as required
under Articles 332, 34 to 39.
8.1. Code of Criminal Procedure:
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This code dates back to nearly one century a go; a
series entitled' provisional Codes of criminal trials (Code
of Criminal Procedure) containing 506 Rules which was
ratified by. the then National Consultative Assembly on
Aug 21, 1912. Since then this code has been in force, as
amended. The latest binding amendments is called Rules of
proceedings of Public and Revolutionary Courts in
Criminal Affairs approved on Sep. 19, 1999. This series of
laws focus on various aspects of protection of the rights of
the accused and criminal convicts. The legal bill underway
for ratification explicitly refers to the principles of fair
proceedings as a sign of the compliance of Iranian
lawmakers to such norms.
‘8.2. Law of attorneyship:
This law dates back to Sept. 1935 when the then
National Consultative Assembly ratified it with 5
Articles. The long precedence of this law clearly shows
that the Iranian lawmakers are duly bound to the evident
principles of just and fair proceedings in their legal system.
More particularly that the legal bill granting independence
to the Bar Association was approved by the then National
Consultative Assembly in 1954. This measure is
considered as a principal step intended to secure rights of
citizens in the course of either civil ot criminal
proceedings.
8.3. Law on respecting legitimate freedoms and
promoting citizenship rights, passed on May 6, 2003
This law which includes one single act and 15 items
refers to various aspects of just and fair proceedings.
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8.4. Legal Bill on Penal Procedure, submitted on
Jan.26, 2009
This legal bill that is in its final stage of ratification
focuses on compliance with the principles of just and fair
proceedings which include:
Innocence as a principal, obligation of the prosecuting
authority to adduce evidence against the accused, no
compulsion on the accused to prove innocence, granting
opportunity to the accused for defense, narrow
interpretation of penal decree in favor of the accused,
equal treatment in respect of principles of acquittal toward
the convicts with clean record or bad record, interim
detention as an exceptional case, necessarily for
interference of the judicial authority at any stage of
proceedings if the convict's freedom is neglected, granting
suffiëient means to the convict to object to his/her
detention, release of the convict immediately after
acquittal, right to have attorney at any stage of
proceedings, prohibition of torture and deception of the
convict by raising ambiguous questions.
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