Aadel Collection
Islamic Parliament of Iran Post-Revolution Legislations on Women, Family and Children
Islamic Parliament of Iran
Post - Revolution Legislations
On Women, Family and Children
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IN TIlE
NAME OF ALLAH
Islamic Parliament of Iran
Post — Revolution Legislations
On Women, Family and Children
Table of Contents
Introduction 1
First Legislative Term 6
Second Legislative Term 11
Third Legislative Term 16
Fourth Legislative Term 21
Fifth Legislative Term 26
Sixth Legislative Term 31
Seventh Legislative Term 35
In the Name of the Almighty
Legislations passed by the Islamic Parliament of Iran
on Women, Family and Children since the victory of the
Islamic Revolution of Iran
Introduction:
Iran has witnessed innumerable developments in.
various social, economic, political and many other.relevant
aspects since the victory of the Islamic Revolution of Iran
three decades ago. During this period family and its rights
have also undergone considerable changes.
Family rights have centered greatest focus on the rights
of women and children. Consequently, such developments
have not only maintained the customary practices, but also
have modified certain undue habits to bring more positive
results for the society. Attaching greater importance to
family, rights emanates extensively from the values
accorded to the lofty status of family and the role of
motherhood as underlined in the Constitution.
Currently in its eight legislative term, the Islamic
Parliament of Iran has left behind seven terms during the
past thirty years. An examination of lawmaking since the
first term in 1980 to the end of 7 th term in 2008 reveals to
what extent the legislative power has tried to enact laws
commensurate with the situation prevailed in the country.
Women's activities to acquire parliamentary seats in the.
Islamic Parliament of Iran are noteworthy, in that it has
provided appropriate grounds for them to prove their
presence in lawmaking. A comparative survey of the
number of female candidates running for parliamentary
1
elections from the first term to the 7 th term of the Islamic
Parliament of Iran indicate that the 90 female candidates
qualified for election campaign in the first .term rose to
827(nearly a ten fold rise) in the parliamentary election
campaign for the 7 ” term of the Parliament. Such spiraling
numerical increase can be also seen in the number of lady
parliamentarians who increased from 4 seats in the first
term of the Islamic Parliament of Iran to 13 in the
legislative term. In the first to fourth terms female
parliamentarians predominately elected from Tehran
constituency, while this disequilibrium was turned over in
later terms when female candidates ran from many mOre
provincial constituencies other than Tehran.
Women's presence in the Parliament drastically served
to the introduction and ratification of enactments relating
to women, family and children. Female parliamentarians
proved their active presence in the Parliament by either
getting directly involved moving certain motions
individually or collectively or by supporting motions and
bills introduced relating to women, family and children as
brought up in various standing committees.
For the purpose of brevity and an easier access to
certain useful information in this respect, the activities
related to women, family and children have been
categorized in the present collection. Moreover the annual
budgetary laws passed in each legislative term partially
cover the issues of women and family. This report does not
intend to refer to such laws in order to avoid prolongation.
Furthermore, the laws passed under the four Development
Plans so far put into force, to some extent embrace certain
cases on women and family.
2
The Constitution of the Islamic Republic of Iran and
the Rights of Women and Family
Special focus has been made on the rights of women in
a bid to pave the grounds for their empowerment,
participation in the scientific, cultural and social activities,
and their equality wjth men before the law with due
consideration of the Islamic norms as expressly required
under the various Articles of the Constitution of the
Islamic Republic of Iran. Such Articles are as follows:
Article 3:
In order to attain the objectives specified in Article 2, the
government of the Islamic Republic of Iran has the duty of
directing all its resources to the following goals
Para 14:
Securing multifarious rights of all citizens, both men
and women and providing legal protection for all as
well as the equality of all before the law.
• Article 10:
Since the family is the fundamental unit of Islamic
society, all laws, regulations, and pertinent programs
must tend to facilitate the formation of a family, and to
safeguard its sanctity and the stability of family
relations on the basis of the law and the ethics of Islam.
• Article 12:
The official religion of Iran is Islam and the Twelver
Ja'fari School, and this principle shall remain eternally
.3
immutable. Other Islamic Schools, including the
Hanafi, Shafi'I, Maliki, Hanbali, and Zaydi, are to be
accorded full respect, and their followers are free to act
in accordance with their own jurisprudence in
performing their religious rites. These schools enjoy
official status in matters pertaining to religious
education, affairs of personal status (marriage, divorce,
inheritance, and wills) and related litigations in courts
of law. In regions of the country where Muslims
following any one of these schools of religion constitute
the majority, local regulations within the respective
school of fiqh, without infringing upon the rights of the
followers of other schools.
• Article 20
All citizens of the country, both men and women,
equally enjoy the protection of the law and enjoy all
human, political, economic, social, and cultural rights,
in conformity with Islamic criteria.
• Article 21
The government must ensure the rights of women in
all respects, in conformity with Islamic criteria, and
accomplish the following goals:
1. Create a favorable environment for the growth
of woman's personality and the restoration of her
rights, both the material and intellectual;
2. The protection of mothers, particularly during
pregnancy, childbearing, and he protection of children
without guardians;
4
3. Establishing competent courts to protect and
preserve the family;
4. The provisions of special insurance for widows,
aged women and women without support;
5. The awarding of guardianship of childrentto
worthy mothers, in order to protect the interest of the
children, in the absence of a legal guardian;
Article 31:
Every Iranian individual and family is entitled to a
dwelling appropriate to its need. The Government is
bound to provide this, giving priority to those whose
need is greatest, in particular peasants and workers, in
the implementation of this Article.
Article 43: The economy of the Islamic Republic of
Iran, with its objectives of achieving the economic
independence of the society, uprooting poverty and
deprivation, and fulfilling human needs in the process
of development while preserving human liberty, is
based on the following criteria.
...Para”l” The provisions of basic necessities for all
citizens: housing, food, clothing, hygiene, medical
treatment, education, and the necessary facilities for
the establishment of family;
Article 142: The assets of the Leader, the President,
the deputies to the President, and ministers, as well as
those of their spouses and offspring, are to be examined
before and after their term of office by the head of the
judicial power, in order to ensure they have not
5
increased in a fashion contrary to law.
Islamic Parliament of Iran:
First Legislative Term
In the first term of the parliament (1980-1984) four
worn en succeeded in wining the election campaign to enter
the parliament. The total number of female
parliamentarians in this term stands 6.1% of the total
number of members. Academic level of deputies in this
term ranged from the highest level of Master Degree to the
lowest of elementary school. This term of the parliament,
which opened after the victory of the Islamic Revolution
had special feature due to the crucial situation facing the
coufitry. This situation included:
• Change of the ruling system and establishment of
the Islamic Republic
• Outside pressures
• Economic sanctions
• The imposed war
This situation made the deputies at this term of the
parliament to look into the lawmaking process from a -
protective angle. Issues relating to the families of martyrs,
the wounded, missing pe sons and POWs as well as
preventing hazardous incidents facing representatives
made lawmakers to focus on taking decision about
retirement pension of the representatives, fixing salary and
allowances for the personnel of the armed forces and
looking into the problems facing women arid children. This
was the then situation predominantly required the society
and the deputies in this term of the parliament to look into
6
()
the issues from this angle. - *
The enactments at this term included 18 laws passed
(Table I) on women, family and children.
• The law on one-month term of service of
physicians and all other fields affiliated to medical and
paramedical professions( Note ?!3e.I on exemption of the
married female physicians and Para medical physicians
from serving in the war torn regions). -
• The law on assigning guardianship of minors or
mentally, incompetent children to their mothers
(guardianship of ihe minors or mentally incompetent
children whose father have martyred or died shall be left to
their mothers. The normal living expenses of such children
shall be met from their inherited property or from the state
budget or by one of the revolutionary organs).
• The Law on partial amendment of certain clauses of
the Civil Code (citizenship, under-aged marriage,
permission for marriage, cases of marriage nullity, divorce,
puberty age.
• The law on maintenance of women and children
without guardian
• According to this law the government is required to
take action to guarantee insurance and welfare of women
and children without guardian as envisaged in Article 21,
Para “4” of the Constitution.
- P
• The Law allowing part- time service of wOmen
Ministries and institutions covered under Civil Service
Act and State Owned Companies as well as the Institutions
required to be named under the applicable law, may grant
7
privileges of part-time service at the request of their female
civil servants under the consent of their highest authority in
charge.
• The Law on payment of academic and housing
allowance to the children of the armed forces personnel of
the Islamic Republic of Iran on permanent missions, arid
that of the personnel of the State owned institutions and
companies abroad.
Under this law the government has been allowed, with
due regard of the high prices of housing and the academic
requirements of the place of mission of the personnel (as
referred in this law) to pay for the housing and academic
allowances of the children of their personnel while on
mission.
• Article 102 of the Islamic Punishment Law on
offences against public modesty and morality.
After victory of the Islamic Revolution the need for the
enforcement of Islamic rules was gradually felt.
Accordingly religious veil for women was an issue which
was initially raised. The Islamic Punishment Act (Note
under Article 638) legalized religious veil for women as
required under the Islamic tenets.
Under Article 102 of the Islamic Punishment Act
anyone intentionally commits in publiê an aèt prohibited
under Islamic religion will be sentenced to 74 lashes in
addition to the applicable punishment. In the case of
commitment of an act which in. essence does not bear any
penalty but has hurt public modesty the offender will
8
receive up to 74 lashes.
Note: Women appearing in public without religious
veil will receive a punishment up to 74 lashes.
Table I
The Laws passed by the Parliament
First Term
No.
.
TitleoftheLaw
passedby
.
Parliament
passed by
Guardian
.
Council
1
The Law amending outstation service of
physicians, dentists& pharmacists( Note
to Article 6) outstation service of
women is years
1981
1981
2
The law on one month service of
physicians and the affiliates to medical
¶medical professions( Note 3,
married female physicians, par
physicians & relating professions are
exempted from said service
1981
1981
.
3
The law for payment of pension to the
MPs and their dependent family against
incidents and hazards resulting from
heavy_responsibility_of representation
1981
1981
4
The law on assigning the rights of
guardianship of the minor and mentally
incompetent children to their mothers
1981
1981
5
•
Legal interpretation of the Islamic
Parliament of Iran on the Law for medical
oriented manpower p assed on
Dec.5,1979 and the law amending
outstation service of physicians, dentists
and pharmacists passed in 1981( on
female personnel who were not married
at the time of approval of the law
1982
1982
9
6
The law amending Para(C) of Article 3
of the Law for payment of pension to the
MPs and their dependents against
incidehts and ha ards resulting from the
respdrisibilities held bythém
1982
1982
7
The law on graduates of medical fields
for admission to the specialty course
before military service and other legal
services( for a number of graduates to
undergo courses of gynec ology and
obstetrics)
1982
1982
8
The law on payment of pension and
stipends to the security guards and drivers
who are martyred, die or disabled on
duty(_Note_1,_their_dependents)
-
-
9
The law on partial amendment of Civil
Code( citizenship, marriage in premature
age, Marriage of a girl marrying for the
first time, defects for nullity of marriage
1982
1982
10
The law on exemption from military
service of one of the children of the
martyred family
1982
1982
11
The law on payment of disability pension
and stipends to the dependents of the
devotees and martyrs of the Islamic
Revolution of Iran and the imposed war
and payment of salary and allowances to
those injured in the imposed war and
Islamic_Revolution
1982
•
•
1982
12
The law amending Chapter 3 of the
Passport Law approved in Feb.1973(
Notes 1,2,3 of Article 10 concerning the
spouses of the draftees and underage
children
1983
1983
13
Islamic Punishment Act
1983
1983
14
The Law on part-time service of women
1983
1983
10
15
The law on payment of housing and
1984
1984
educational allowances to the children of
the personnel of the armed forces of the
Islamic Republic of Iran , Ministries,
.
state owned institutes and companies on
their permanent mission abroad
16
The law on deletion of the last part of.the
Note 33 of the Budget Law for 1983( Aid
to the families that both spouses are
employees)
1983
1983
.
.
17
The Law on maintenance of women and
children without guardians
1983
.
1983
18
The Law adding three notes t 9 the Law
on exemption of those person dialed in
1984
1984
-
the Islamic Revolution who are unable to
work, and members of the families of
,
martyred and disabled from the
provisions of Para J to Article 14 of the
Civil Service Act approved on Sept.
7,1982 by the_Islamic_Parliament_of Iran
.
t -
11
Islamic Parliament of iran
Second Legistative Term
In the second legislative term (1984-1988) four women
could win in the election campaign. Just like the first term
women parliamentarians earned 6.1% of the total seats.
Their educational level ranged from elementary school to
higher education of master degree. This term of the
Parliament also coincided with the imposed war and the
sacred defense. It began and ended under a condition that
conspiracies of the superpowers and their affiliates still
continued in various dimensions. The deputies in this term
of the parliament duly managed to concentrate their efforts
on the sovereignty of the Islamic rules and thus put
fulfillment of their ideological missions at the top of their
objectives. In other words they did their best to give effect
to the Eminent Imam Khomeini's saying “Responsibilities
resting on such Parliament is hectic”. This term of
Parliament also witnessed approval of certain other laws in
addition to protective laws. Twenty four cases of law on
women, family and children were passed in this term
according to Table 11.
• The Law amending Article 1205 of the Civil Code
(Exploring solution for payment of maintenance to the wjfe
as allowed under this law to be met from the assets of the
absent or refusing husband, or facilitating the means of
borrowing for this purpose.)
• The Law on dispatching university students abroad.
(This plan was approved for the purpose of securing
committed and specialized work force, but it faced some
objections by certain groups as it set restriction for single
girls under Note 1 to Article 3)
• The Law on enforcement of part-time service of
12
women approved in Oct.1983. (Procedure for enforcement
of this Law includes 17 Articles and one Note)
The Law on entrusting the right of guardianship of
minor or mentally incompetent children to their mothers
(concerning guardianship of the children of the martyrs).
Note 2 to this Law expresses that marriage of the mothers,
as referred in the Single Act, does not deprive them from
their right of guardianship.
• The Law on granting leave without pay to the
female emplOyees whose spouses are sent to the permanent
missions abroad. Employees covered by this Law may
enjoy leave without pay up to the end of the said mission
without any time restriction. Request for this leave will be
agreed upon notification of the dispatching organ and
fixing duration of the employee's mission. Leave of
absence without pay as covered under this law shall not
exceed six years.
• The Law granting privileges of exemption from
military service to the children of the martyrs, disabled,
captives and missing persons. Under this law only one
child from the said families will enjoy such exemption.
• The Law on Guardianship. In the e 'ent, under
this law, the family court or its surrogate rules for
entrusting guardianship of a child to someone and parents
of the child or anyone else prevents the enforcement of this
ruling or fails to deliver back the child, the court concerned
shall compel him/her to give up obstruction or deliver back
the child, aS otherwise the offending party will be
sentenced to jail until the court ruling is enforced.
• The Law on investigation of offences and
punishment of dealers of the clothes wearing of which in
public is contrary to religibus ethics or undermine public
modesty.
13
• The Law requiring exertion of sentences for
wearing indecent clothing and make-ups in public against
religious ethics, spreading corruption or outraging public
decency. The relevant punishments include warning,
reprimand, intimidation, and closure of business activity,
nullity of business license, 10-20 lashes and pecuniary
punishment.
• The Law requiring women to have pre-marriage
injection of vaccine against tetanus.. Provisions of this law
are very important in that it protects mothers' and infants'
health and reduce the mortality rates.
14
Table II
The Laws passed in the
Second Legislative Term
No
.
Title of the Laws
Date
approved
by
parliament
Date
confirmed
by Guardian
council
1
The law amending Article 1205 of Civil
Code(_maintenance)
1984
1984
2
The law on execution of Article 49 of the
1984
Constitution of the Islamic Republic of Iran,
Article 6 on the assets of legal and natural
family and their dependents
3
The law on general military service( military
training of females-assistance to the family
of draftees
1984
.
1984
.4
The law on one-month service of physicians
and the affiliates to medical and paramedical
professions( married female physicians and
1984
•
1984
,
,
Para physicians are exempted from said
- service
,
5
The law amending the legal bill on
maintenance of the disabled and members
1980
.
.
•
of their families, and family members of the
martyrs of the Islamic Revolution
.
6
The law amending Note 2 of the Single
Article Act on payment of pension and
stipends to the heirs of the employees passed
- on Dec 1949 and payment of pension to the
female children and grandchildren
1984
-
1984
7
The law amending Personal Status
Registration Act passed in 1976(birth,.
marriage, divorce, revocation etc.)
1985
.
1985
8
The law on the execution of the Act
concerning part-time service of women
approved in 1983
1985
•
1985
.
9
The law on dispatching students abroad(
females with undergraduate and higher
degrees)
1985
1985
10
The Law granting right of guardianship of
minor and mentally incompetent children to
their mothers
1985
1985
‘
11
The law on establishment of Ministry of
Health, Treatment and Medical Training( for
creation of medical fields i.e., gynecology
and obstetrics)
1985
1985
12
The law amending Article 45 of the General
Military Service passed by the Islamic
Parliament of Iran on Sept. 19,1984 (
exemption of one of the children under the
requirement_of the_law)
1985
1985
13
The law requiring the government to employ
10% of the required workforce from among
the devotees of the Islamic Revolution and
relatives of the martyrs( children of martyrs,'
POWs, missing and devotees)
1985
1985
-
14
The law on payment of pension and stipends
to the members of the Islamic Parliament of
Iran and their dependents against unexpected
incidents resulting from the hazardoUs
responsibilities as MPs
1986
.
1986
.
15
The law on the right of guardianship
186
1986
16
•
The law on investigation of the offences and
punishment of dealers of the clothing the
using of which i'n public is against religious
beliefs and hurt public modesty
1987
1987
.
__________
17.
The law on providing assistance to the
families of draftees whose dispatch will
affect their living subsistence
-
.
18
The law of the Army of the Islamic Republic
of Iran-Article 32, Employment of women,
Article 94 on maternity leave, Article 164 on
children, Article 17 on family members of
the martyred, Article 169 on military
services of females.
1987
1987
____________
19
The law requiring exemption from general
military service of one of the children of the
families of the martyred, disabled, POWs
and the missing.
1987
1987
20
The law on the adjustment of the workforce
in the state owned departments Article 9 on
children and grand children of the deceased
women
1987
:
1987
21
The law requiring injection of tetanus
vaccines to women before maniage
1988
,
1988
,
22
The law relating to the service of physicians
and par physicians( married women, spouses
and children of martyrs, POWs and missing
persons
1988
1988
23
The law on the organization and functions of
the Ministry of Health, Medical Treatthent
and Education( protective actions for
children in pre-school age, the elderly,
families_and_persons_without_guardian
1988
‘
.
1988
24
The law on grating leave without pay to the
permanent civil servant whose spouses
dispatched to permanent mission abroad
1988
..
1988
, ,
Third Legislative Term:
At this term of the Parliament (1988-1992) four seats Won
by female parliamentarians showing 6.1% of the total
number of the seats. They had educational studies ranging
from elementary school to higher education of Master
Degrees. At this term of the parliament the country was
still suffering from the aftermath of the imposed war. This
16
term coinêided with the crucial and fateful demise of the
eminent leader and the founder of* the Islamic Republic of
Iran. This event followed with the electi6n of the Grand
Ayatollah Khamenei as the leader of the sacred Islamic
ruling system by the Assembly of Experts.
The country had embarked the era of reconstruction,
while there were many families who needed support.
Under Table ifi, one can note that most of the laws
approved at this term of the Parliament cover families of
the martyrs, missing persons, POWs and those released
from captivity. This was an indication of unceasing efforts
made to solve problems facing this group of people who
needed further protection. At this term 21 legislations were
passed regarding the issues of women, family and children.
(Table ifi). -
The Law facilitating issuance of business licenses for
war devotees and POWs, families of the martyrs and the
missing persons as well as partial amendment of the trade
system law. This law covers the following:
• War devotees and the released POWs, guardian of a
family whose male child has been martyred or untraceable.
• A first degree relative of a martyr or untraceable
that bears expenses of the family.
• The Law on harmonized system of payment to state
employees on family and child allowances( Article 9)
• The Law on partial amendment of Civil Code(
women citizenship, teenage marriage, absence of father or
grandfather in respect of marriage of daughter, faults for
marriage nullity, wife's insolvency, maintenance).
• The Law amending Para(b) Note 1 of the
Retirement Act under Ci 'il Service Act passed by the
17
Islamic Parliament of Iran on March 4, 21990. Under this
law female employees are allowed to request for retirement
prematurely with 20 years of service.
Of the most important laws passed on women by the
parliament, is ratification of the Chapter relating to women
in Labor Law which was sent to the Expediency Council
for approval on Nov.17, 2090 due to certain
inconsistencies arisen between the Parliament and the
Guardian Council. Major articles relating to women in
Labor Law were as follows:
- Binding protection of female employees, freedom of
women in choosing jobs not inconsistent with Islam, public
interests and rights of others, prohibition of assigning
female workers to hazardous and harmful works as well as
prohibition of over 20kg load for carriage by them, fixing
90 days leave with pay before and after delivery and
calculating this period in their service record, as well as
granting half an hour leave every three hours of work to
the breastfeeding mothers to feed their infants.
Table III -
Laws passed by the
Third Legislative Term
No
Title of the law
Date
approved
by the
Parliament
Date
approved by
the Guardian
Council
1
‘
The law on accession of the Islamic
Republic of han to Vienna Convention
on representation of states in their
relations with international
organizations-Article 38 on the family
members of the personnel on missions
1988
I
.
.
1988
:
.
18
1988
The law on employment provisions of
the Literacy Movement of the Islamic
Republic of fran( employment priority
of the children and spouses of the
martyrs, the missing and POWs
2
1988
3
The law on the pension of the retired
parents, pensioners from the families
of the martyred, devotees and the
missing persons in the Islamic
Revolution and the imposed war
1988
1988
.
4
The law on employment of devotees,
POWs and family members of the
martyred, devotees, disabled, captives
and the missing persons of the Islamic
Revolution and the imposed war, as
well as the individuals who served in
the war fronts a minimum of 9 months
consecutively or one year voluntarily
on_intermittent period
1988
1988
.
5
The law adding one Note to the
Employment Act of devotees, POWs
and family members of the martyred,
disabled devotees, Captives and the
missing persons of the Islamic
Revolution and the Imposed wan
1989
,
•
1989
6
The law allowing the use of public
housing to the family members of the
martyred, devotees, POWs and the
missing persons who resided at such
houses
‘
1989
7
The law on protection of POWs( who
were released) after arrival to their
homeland( applicable io the family
member of the POW5)
1989
1989
i 19
8
The law on payment of permanent
payment of salary, allowances, fixed
savings, premiums, medical insurances
to those covered by the law of the
Islamic Republic of Iran Army(
dependents to the personnel who
expelled with 20 years of service
record) -
1989
.
1989
9
The law for procurement of necessary
facilities on the issuance of business
license for the devotees, POWs
released and the family members of the
martyred and the missing persons, as
well as partial amendments of the
guilds union Act
1989
•
-
1989
.
10
The law on Support of the Islamic
Revolution of Palestine( Protection and
support of the family members of the
martyred, devotees, captives and
missing persons in the Palestine
occupied lands
1990
1990
11
The law on unemployment insurance(
the dependents, subject of Article 7)
1990
1990
12
The law extending provisions of the
laws for martyrs and their families to
the POWs, the missing persons and
their families
1990
1990
13
The law on partial amendment of the
Physicians and Para physicians Act
passed on May 20,1989 and additions
- to it ( Note. 3 on married females,
Note. 4 marriage of single ladies)
1991
1991
14
The law amending Para 1 of Article 18
of the Passport Act approved on
March 1, 1973( spouse and children of
the civil servants and those dispatched
for sabbatical studies
1991
1991
20
15
Articles of Association of the
Education Organization( exceptional
children and students)
1991
.
1991
•
16
The law on harmonious employment
system of payment to civil servants-
Article 9( spouse and children
allowances)
1991
-
1991
-
-
17
The law on Employment regulations of
IRGC( Article 16) employment
requirements for devotees and first
degree family members of them-
Article 20 employment of women in
IRGC
1 1
,
‘
‘•
1991
.
18
The law on partial amendment of Civil
Code ( women's citizenship, premature
marriage, absence of father or
grandfather)
1991
•
1991
‘
.
19
•
The law amending Para b Note. 1 to
Retirement Act of Civil Service Law
approved on March 3, 1990 by. the.
Islamic Parliament of Iran
1991
•
1991
.
‘.
,__________
20
.
The law amending maximum age of
employment applicants( family
members of the martyrs, devotees,
released POWs and the missing
1992
1992
21
persons .
Th law adding one Note to Article 49
of Civil Service Act( permanent
employees whose spouses are working
in sensitive state services -
1992
.
1992
.
Fourth Legislative Term:
In the fourth term of the parliament (1992-1006) nine
women could win parliamentary seats, showing 6.3% in
ratio of the total number of deputies. In this term there was
a growing presence of Women at 125%, as compared with
the third term. Educational degrees ranged from the highest
.21
PhD to guidance school certificates. At this term women
parliamentarians from the provincial constituencies other
than Tehran could win the seats. Enactments concerning
women, children and family grew to 22 cases at this term
according to Table IV.
• Law on maintenance of women and children
without guardian
According to this law government is Obligated to
maintain and support poor widows, elderly women without
guardian as well as other women and girls without
guardian.
• Family and Population Planning Law
According to this law all the privileges ensured with
due regard to the number of children will not be applied to
the 4 th child and the later children born within one year
after the approval of this law.
• The Law on allocation of quota for women to the
courses of residency in specialized medical fields.
According to this law, Ministry of Health, Medical
Treatment and Training was assigned to allocate at least
25% of its quota for residency in such medical fields as
neurosurgery, urology, orthopedic, otorhinolaringology
(E.N.T), ophthalmology, radiology, psychopathic, and in
cases where there are candidates, 50% of the quota for
general cardiac surgery is allocated to the female
physicians admitted in the written residency tests.
• The Law allowing accession of the Islamic
Republic of Iran to the Convention on the Rights of the
Child; -
22
According to this law the Islamic Republic of Iran is
allowed to join this Convention, provided that in the event,
at any time this Convention contravenes in any respects
with the internal rules and Islamic standards it shall not be
binding for the government of the Islamic Republic of Iran.
The Law amending Note 5 to the Law on addition
of 5 Notes to the law on employment qualifications of
judges, approved in 1984.
Chief Judiciary was allowed to employ women found
qualified under the law for appointment as judges with
judicial grade in order to be assigned to. such positions as
high administrative councilors, examining judges of the
councilors' office of the legal department and the like.
• The Law encouraging breastfeeding and protection
of mothers during the period of feeding with their milk.
• Maternity leave up to three deliveries for mothers
who breastfeed their children shall be 4 months in the
private and state sectors
Note 1: Upon resumption of working breastfeeding
mothers are entitled , in case of feeding with milk is
continued, to take one hour leave with pay daily latest until
the time the infants gets 2Q months Old
• The Law amending divorce regulations
This law is Of importance in that it takes into account
remuneration for the work of the wife at home and services
of female councilors at court.
23
TableIV
Laws passed by the
4 th Legislative Term
No
Title of the laws passed
Passed by
the
.
parliament
Confirme
,
Guardian
.
Council
1
.
The law amending regulations for
divorce
1991
Approved
by the
Expedienc
y Council
2
The law on protection of women and
children without guardian
1992
1992
3
The law, as amended, prOviding
facilities for admission of volunteer
militants to the university and
• Institutes of higher education
1992
1992
.
4
.
The law exempting the personnel
and crews of marine organizations
and organs from payment of dues
and éharges under Article 7 of the
law for. collection of certain
government revenues and its use in
some cases as( spouses and children
of such personnel on missions, if
approved as companions by the
concerned organizations or organs
can enjoy from the facilities under
this law)
1992
,
•
1992
-
5
The law on welfare fund for students
1992
1992
6
The law amending articles 72, 77
and Note to article 76 of Social
Security Act approved in 1975 and
addition of two notes to Article 76
1992
1992
7
Family and Population planning Act
1993
1993
24
8
The law inquiring extension to the
children of the released POWs of
provisions of Article 3ofthe law, as
amended, providing facilities for the
admission of volunteer militants of
mobilization movement to
universities and higher education
institutes
1993
-
-
.
•
1993
:
.
9
10
The law amending Single Article Act
on assigning Fruit &grocery
Distribution Centers approved on
Dec. 1979 to (the families of -
militant, martyrs, released POWs and
devotees in first priorities)
1993
.
1993
.
The law on sustaining employment
state of the employees martyred,
disabled, and the n'iissing persons in
the process of the Islamic Revolution
• and the Imposed War
1993
,
1993
.
11
The law allocating quota to women
in admission of assistantship for
specialized medical fields
1993
1993
,
12
The law allowing accession of the
Islamic Republic of Iran to the
Convention the Rights of the Child
1993.
.
1993
.
13
The law amending Note. 3 of the
Act, as amended, providing facilities
for the admission of the volunteer
militants of the Mobilization
Movement to universities and the
institute of higher education
approved.on Dec. 2, 1992
1994
.
.
1994
,
.
14
The law on procedure for assigning
the state stock and state-owned
shares to devotees and orkers
1994
1994
-
15
The law for public insurance within
State Medical services -
1994,
1994
.
25
16
The law amending Note. 5 of the Act
requiring addition of five NOtes to
the law concerning qualifications of
the judges adopted in 1984
1995
1995
.
17
The law on tax exemption of all
private institutions engaged in the
protection and rehabilitation of the
persons with disability and rendering
services to the mentally retarded
persons as well as rendering services
inpre-schools etc.
1995
•
1995
18
The law regulating payment of
housing loans to the released POWs,
devotees and families of the mart yrs(
• provisions of Note. 52)
1995
.
-
1995
19
The law on addition of one Note to
Para 1 of Article 81 of Social
Security Act
1995
.
1995
20
The law on priorities for enjoyment
of exemptions under service
obligation, permission for working
and studying of the devotees in
medical and paramedical fields•
1995
1995
.
21
The law encouraging breastfeeding
mothers and protection of mothers in
the period of feeding with their milk
1995
1995
.
22
The law relating to the service of
physicians and Para medical doctors
1996
.
1996
Fifth Legislative Term:
In the fifth term of the Parliament (1996-1980) women
parliamentarians grew to 14 members registering 6.5% to
the total number of deputies. Their educational level
ranged from PhD to undergraduate degrees. This term
witnessed a noticeable growth of educational level.
Women parliamentarians were more active at this term
26
which approved 24 laws (Table V) on women, family, and
children. In' fact this term recorded greater number of laws
on women, children and family.
• Law on accession of one Note to Rule 42 of the
Rules of Procedure of the Islamic Parliament of Iran
Creation of Committee on Women, the Youth and
Family composing of women parliamentarians, at least half
of the total number, in the case of women MPs in the
parliament.
• Law adding one Note to Women's Part-Time
Service Act
Working hours of women reduced to third-fourths of
the total hoursat the consent of the highest authority.
• Law adding one Note to Article 1082 of the Civil
Code
Computation of marriage portion at the current rate
when, under this law the marriage portion is in the Iranian
Rial, shall be made for payment according to the annual
price indices declared by the Central Bank of the Islamic
Republic of Iran .
• Law adding one Pata and one Note to Article 6 of
the Press Act( Article 6) . .
With the growing instances of printing women's images
for publicity in the domestic press, the Parliament, under
this legislation, barred mass media from resorting to this
action as well as from insulting or degrading female sex.
.27
• Law amending Article 20 of Employment
Regulations of Law Enforcement Body of the Islamic
Republic 6f Iran and the Note thereof approved on July
18, 1975
Under this law women are allowed to apply for
employment in the Law Enforcement Organ, as required in
certain positions. Before that women were employed in
certain necessary positions as civil servants by the Islamic
Republic of Iran Guardian Corps (IRGC), Army and Law
Enforcement forces.
• Law adding one Note to Article 76 of the Social
Security Act, approved in 1975
NOTE “4”: Female workers with 20 years of service
record may be retired at the age of 42 with twenty days
pension, provided that they have paid their monthly
premiums.
• Law on adaptability of the administrative and
technical affairs of medical institutions with the sacred
religious standards,
This was a motion introduced to the open session of the
Parliament on the recommendation of the Committee for
Women, Youth and Family, while it was opposed by
certain groups outside the Parliament. Opposing groups
argued that the motion will not be in the interest of women
in enjoying medical facilities due to the shortage of
specialized human resources. Finally it was passed for
execution oniy in the medical centers which are apt to
such adaptability plan.
28
Table V
The Laws passed in the
Fifth Legislative Term
No
-
Title of the laws passed
•
Approved by
the
Parliament
- Confirmed by
the Guardian
Council
1
The law amending Article 9 of the
Harmonious System of Payment
to Civil Servants
1996
.
1996
2
The law on the increase of pension
to the parents of martyred children
1996
1996
3
The law requiring addition of one
Note to the employment Act of the
wounded, POWs and family
members of the martyrs, disabled
devotees, captives and POWs and
the missing persons in the Islamic
Revolution and the Imposed war
and the individuals who served
voluntarily in the war fronts for 9
consecutive years or one year
intermittently_(_adopted_in_1988)'
1996
•
.
.
1996
4
The law requiring addition of one
Note to Rule 42 of the Rules of
Procedure of the Islamic Parliament
offran
1996
.
1996
-
.
5
The law for addition of one Note to
the Act on Part-Time Service of
Women
1997
1997
6
The Law on learning technical and
vocational training before
employment
1997
1997
29
7
The law amending the Act on
payment of housing and
educational allowances to the
children of the personnel of the
Armed Forces of the Islamic
Republic of Iran and that of the
Ministries, State Institutions and
Companies on missions abroad
1997
197
,
8
The law adding one Note to Article
1082 of the Civil Codeconcerning
marriage portion
1997
,
1997
9
10
1
The law on assignment of
guardianship of the incapacitated
persons under care of State Welfare
Organization to the said
organization until appointment of
guardian by the court
1997
1997
The law on assigning certain
number of the present courts to the
courts under Article 21 of the
Constitution (Family Court)
1997
1997
.
The law on addition of one Note to
Article 76 of the Social Security
Act approved in 1975
1997
1997
12
The Law on amendment of Article
1173 of the Civil Code( concerning
parent s failure of caring for their
children)
1997
1997
13
The law fixing period of validity of
non-compatibility certificate
1997
1997
30
14
The law amending Note. 1 of the
Employment Act of devotees,
captives and family members of the
martyrs, wounded with disability,
POWs, and missing persons in the
process of the Islamic Revolution
and the Imposed war, as well as the
individuals who voluntarily served
in the war fronts for 9 consecutive
months and one year intermittently
adopted_in_1988
1997
1997
15
The law requiring admission to
universities of the individuals
qualified to enjoy the quota of the
devotees for studying in the
universities and the Institutes of
Higher Education
1998
.
1998
16
The law amending Chapter 3 of the
Passport Act
1998
1998
..
17
The law adding one Para and One
Note_to_Article_6_of Press_Act
1998
1998
18
The law amending the Act for
exemption from military service of
one son from the families of the
martyrs ,disabled, POWs and the
missing persons, approved in 1987-
1998
1998
.
.
19
The law on adaptability of the
administrative and technical affairs
of medical institutions with the
sacred religious standards
1998
1998
20
The law amending Article 20 of the
Employment Act of the Law
Enforcement Body of the Islamic
Republic of Iran approved on July
18j,_1995_and_the_Note_thereto
1998
1998
21
The law requiring extension of the
laws relating to the spouses and
children_of the_released_POWs
1998
1998
31
22
The law on partial amendment of
the provisions relating to the
.
retirement pension of the working
women, families and other staff
2000
Confirmation
of the
Guardian
Council was
not received in
due course of
time
23
The law on addition of one note to
Article 44 of the Compulsory
Military Service
2000
2000
24
The law on amendment of Article
1184 of the_Civil_Code
2000
2000
Sixth Legislative Term:
Women parliamentarians could win 13 seats in the six term
(2000-2004) ranging 6.5 % in ratio to the tOtal number of
deputies. Their educational level ranged from the highest
PhD to the lowest undergraduate degree. Table 6 shows the
20 cases of laws passed in respect of women, family and
children.
Law adding Article 7 and its Note to the law for
periodical transmission of judges.
Under this law married women having judicial grade
can engage to work in the permanent domicile of their
husbands.
Law amending Article 3 of the Law for dispatching
university students abroad, passed in 1985.
According to this legislation it was allowed to send
female students abroad for studying in the levels higher
than undergraduate courses in thç necessary fields not
provided domestically.
32
• Law on partial amendment of Civil Code, Rule
1169 on guardianship
According to this law mothers have priority to fathers
in taking guardianship of their minor children whether
daughters or sons up to the age o f 7.
• Law adding Note 3 to the Article on encouraging
breastfeeding during the period that mothers feed their
children with milk..
Maternity Leave for delivery of twins shall be five
months and for delivery of triples and more shall be one
year with pay.
Table VI
Laws passed by the
Sixth Legislative Term
Title of the laws passed
,
Passed by
the
Parliament
Confirmed by
the Guardian
Council
F
The law on addition of one Note
2000
2000
to Article 1130 of the Civil
Code;( cases of insolvency)
2
The law amending Article 1041
of the Civil Code, subject of
Article 23 of the Law requiring
partial amendment df the Civil
Code approved in 1991(
marriage age)
2900
•
By the
Expedie icy
Council
3
The law exempting women from
2000
2000
payment of tax on their marriage
portions
4
The law on addition of Article 7
and the Note thereto to the Act
on periodical transfer of the
judges( married women holding
judicial grade can get to work at
the place of their husbands
residence)
2000
2000
5
The law amending Article 3 of
the Act for dispatching students
abroad, approved in 1985(
marriage as condition for girls
was deleted)
2000
2000
.
34
6 The law inquiring about the Act 2001 2001
for addition of one Note to the
Employment Act of the devotees,
disabled, POWs and members of
the family of the martyrs,
disabled, POWs and the missing
persons in the Islamic Revolution
and the Imposed War, as well as
the individuals who have served
for at least 9 moths consecutively
and one year intermittently as
volunteer in the war fronts(
approved in 1996)
7
The law amending Article 9 of
the Act on Harmonious System
of Payment to the Civil servants(
female employees, retired,
pensioners who bear the
expenses of their children will
benefit from allowances for
dependents
2001
.
.
2001
.
.
,
8 The law amending Article 58 of
the Employment Act of the
Ministry of Information and
addition of two notes thereto(
Retirement of female employees)
2001
.
2001
.
-
-
9
The law requiring the banks to
pay financial facilities to the
heirs to the deceased POWs
released( such facilities will be
paid to their spouses or the legal
guardians of their children)
2001
Not confirmed
in due course
as required
under Article
94 of the
Constitution
10
The law allowing special
accommodation for employment
of the children of the martyrs
2001
,
2001
.
.
11
The law on acceptance of the
amendment to the Convention on
the Rights of the Child
2001
•
2001
.
35
12
The law on adoption of the
Convention on prohibition and
im mediate action for elimination
of the worst forms of child labor
and its additional protocol
2001
2001
.
13
•
The law on addition of Note 3
toArticle3oftheLaw
encouraging breastfeeding
mothers during the period of
feeding with mother's milk(
increasing period of maternity
leave for delivery of twins and
the more)
2001
.
2001
.
14
The law on partial amendment
of the Civil Code( articles 1107,
1110, 1133 concerning
maintenance, amendment to the
right of divorce, increase of the
maintenance, and payment of the
maintenance during the waiting
term of death
2002
.
.
2002
15
The law on protection of
Children and Juveniles(
Protection of the individuals
under_18_years_of age)
2002
2002
16
•
The law amending the Act on
payment of pensions and stipend
to the deputies of the Islamic
Parliament of Iran and their
dependents against incidents and
hazards resulting from the
sensitive responsibilities of
representation adopted in 1986
2002
.
2002
.
.
17
The law on letter of agreement
for cooperation in the field of
women and family signed
between Islamic Republic of Iran
and the Republic of Tunisia(
importance of the role of women
and_family)
2003
2003
36
18
The law on procedure for
donation of embryo to infertile
couples
2003
2003
19
The law on partial amendment of
the Civil Code, Article 1169 of
Civil Code( Guardianship)
2002
‘
2003
20
The comprehensive law on
protection of the rights of
persons with disability-Article 6-
invalid children, husbands who
maintain their disabled wife)
‘
‘
.
.
Seventh Legislative Term:
In this term of parliament (2004-2008) the number of
women parliamentarians was 13 registering 6.5% in ratio
of the total number of deputies. Their educational level
ranged from PhD to under high school diploma. According
to Table 7 this term of parliament approved 16 legislations
on women, family and children.
Abortion Law:
Abortion for medical reasons shall be permissible with
the consent of the mother without any responsibility on the
part of the attending physician when diagnosed by three
medical specialists and confirmed by the forensic medicine
to the effect that with the birth of the fetus contracted to a
disease the mother will face troubles due to mental
retardation or unnatural feature of the fetus ,or otherwise
mother's disease endangering her life before the entrance of
soul to the fetus( 4 months).
• The law on citizenship of the children of Iranian
women marrying non-Iranian men;
37
Issues born in Iran as a result of the marriage of Iranian
women with foreign men, or will be born in Iran within
one year after the approval of this law can apply for Iranian
citizenship when reaching full 18 yeas of age.
This law was approved for the purpose of maintaining
and strengthening Iranian and Islamic culture and identity,
respecting and promoting national patterns of clothing,
directing production and supplying articles of cloth on the
basis of domestic plans and models on one hand, and on
the other the need for encouraging the public to avoid
choosing and consuming foreign models which are
inconsistent with the Iranian identity and culture.
• The law on supporting the rights and
responsibilities of women in the internal and international
arenas
According to this law the government is obliged to
pave the way for the enlightening and practical realization
of the rights and responsibilities of women in the internal
and international arena on the basis of. the reference
document( Charter of the rights and responsibilities of
women in, the Islamic Republic of Iran, approved by the
Supreme Cultural Revolution Council) June 21, 2004 in
line with the provisions of Article 20 and 21 of the
Constitution of the Islamic Republic of Iran and the 20-
year Forward Looking Document.
• The Law amending Article 3 of the Law
encouraging breastfeeding during the period that mothers
feed their children with milk, approved in 1995,
Maternity leave was increased from 4 to ‘6 months for
38
up to three children. Meanwhile, part-time leave (hours for
breastfeeding without deduction from the annual leave)
was extended to 24 months.
Table VII
Laws passed by the
7 th Legislative Term
No
Title of the laws passed
Passed by
the
Parliament
Confirmed by
the Council of
guardian
1
The law on combating human
trafficking( particularly women
and children)
.
2004
Not received
in due course
under Article
94ofthe
Constitution
2
The law adding one note to
Article 60 of the Law, as
amended, on The Third
Economic, Social and Cultural
Development of the Islamic
Republic of Iran ( for payment
maintenance to the women and
children_without guardians)
2004
2004
3
The law inquiring on the Note
under Article 1082 of the Civil
Code( criteria for computation
of the marriage portion on
current_rate)
2005
2005
4
Abortion Law( disease of the
embryo or threat to mothers life)
2005
2005
5 The law adding one Note to 2005
Article 99 of the Fourth
Economic, Social and Cultural
Development Plan of the
Islamic Republic of Iran ( great
families of martyrs, devotees
and released_POWs
2005
39
6
7
8
‘
The law facilitating the Youth
Marriage( easy condition for
marriage)
2005
2005
.
The law on citizenship of the
children of Iranian women
marrying non-Iranian men
2006
2006
The law amending Article 9 of
the Act partially amending
regulations concerning
retirement pension of employees
women, and other staff
pproved in 2000
2006
•
2006
-
9
•
The law of Fashion and Cloths(
observing and encouraging
Iràniàn and Islamic culture and
identity for women and men)
2006
2006
10
The law amending the Act for
inCreasing pension of the
p rents of the martyred children
2005
2005
• 11
The law on supporting the rights
and responsibilities of women in
the internal and international
arenas
2007
2007
12
The law amending Article 3 of
the Act on encouraging
breastfeeding during the course
of feeding with mothers milk
approved in 1995( increasing
2 iod of maternity leave)
2007
2007
•
13
The law on accession of the
Islamic Republic of Iran to the
optional protocol of the
Convention on the Rights of the
Child concerning abusing
children for prostitution and
pornography( approved on May
25, 2000 by the UN General
Assembly
2007
•
2007
40
14
The law amending Para M of•
the Note 2 to the State General
Budget Act of 2007( providing
facilities for the families of
prisoners sentenced for
unintentional car accidents
2007
Not received
in due course
under Article
94 of the
Constitution
15
The law amending Note.3 Para
3 of Article 80 of the Social
Security Act as amended and
approved in 1997( in the case of
death of an insured person with
payment of premium for 10-20
years, death benefit will be paid
to the surviving family in ratio
t1 e said period)
2008
2008
.
16
The law on restoration of the
Service Budget of the women
head of the household and
disabled persons to the State
Welfare_Organization
2007
2007
41
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