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IRAN MENA Gender Equality Profile Status of Girls and Women in the Middle East and North Africa

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IRANMENA Gender Equality ProfileStatus of Girls and Women in theMiddle East and North Africa

United Nations Children’s FundRegional Office for the Middle East and North Africa

October 2011

1

1. Background

Demographics Value Year

Total population (000) 74,196 2009

Total adolescent (10-19) population (000) 13,301 2009

Total under-18 population (000) 22,221 2009

Total under-5 population (000) 6,555 2009

Population annual growth rate (%) 1.3 2000-2009

Total fer tility r ate (b irths per wom an) 1.8 2009

Under-five mortality rate (per 1000 live births)

31 2009

Life expectancy at birth (years), male 70 2009

Life expectancy at birth (years), female 73 2009

Singulate mean age at marriage, male 26 2006

Singulate mean age at marriage, female 24 2006

Economic indicators

GNI per capita (current US$) 4,520 2009

% share of income held by lowest 20 % 6 2005

% share of income held by highest 20 % 45 2005

Sources: UNICEF, The State of the World’sChildren 2011. Life expectancy and economic indicators from The World Bank, Data Catalog, http://data.worldbank.org/, [accessed in June 2011] Marriage data from UNPD, World Marriage Data 2008, www.un.org/esa/population/

2. LegaL Framework

Legal system. According to the constitution, Islamic law (Shari’a) is the only source of legislation in Iran. The vast

majority of the population of Iran is Shiite Muslim and a smaller proportion is Sunni Muslim. The two groups adhere

to different schools of Shari’a and the laws differ in some respects, for example with regard to inheritance rights.

For recognized religious minorities, which include Christians, Jews, and Zoroastrians, the communities’ own laws

are applied in matters of personal status. Rules such as sex segregation in certain public spaces and dress codes

for women, such as the mandatory use of veiling (hijab), apply to citizens of all religions. Before a court, a woman

is not considered a full person. In most cases a woman’s testimony is worth half of a man’s and in some cases a

woman’s testimony is not accepted at all.1

Convention on the Elimination of All Forms of Discrimination against Women. In 2003, the Iranian parliament

ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) but the Guardian

Council2 vetoed the ratification and the matter is still awaiting consideration by the Expediency Council.3 Iran and

Sudan are the only two countries in the MENA region that have not ratified the CEDAW.

Convention on the Rights of the Child. Iran ratified the Convention on the Rights of the Child (CRC) in 1994 with a

general reservation against all “…provisions or articles of the Convention that are incompatible with Islamic Laws

and the international legislation in effect”.4 Iran acceded to the Optional Protocol to the CRC on the sale of children,

child prostitution and child pornography in 2007 and is a signatory to the Optional Protocol to the CRC on the

involvement of children in armed conflict since 2010.

1 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

2 The Guardian Council has the authority to determine whether the laws passed by the parliament are in accordance with Shari’a and the Expediency Council has the authority to mediate disputes between

the parliament and the Guardian Council, see Hauser Global Law School Program, New York University School of Law, GlobaLex, Foreign Law Research, (electronic publication, www.nyulawglobal.org/

Globalex) [accessed in June 2011]

3 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

4 See United Nations Treaty Collection (http://treaties.un.org) for declarations and reservations made by State Parties

Gender Gap Index 2010

Rankings of MENA countries with available data

Score Rank

United Arab Emirates 0.6397 103

Kuwait 0.6318 105

Tunisia 0.6266 107

Bahrain 0.6217 110

Lebanon 0.6084 116

Qatar 0.6059 117

Algeria 0.6052 119

Jordan 0.6048 120

Oman 0.5950 122

Iran (Islamic Republic of) 0.5933 123

Syrian Arab Republic 0.5926 124

Egypt 0.5899 125

Morocco 0.5767 127

Saudi Arabia 0.5713 129

Yemen 0.4603 134

Source: World Economic Forum, The Global Gender Gap Report 2010 (rankings of in total 134 countries)

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Nationality rights. An Iranian woman married to a foreign man is not allowed to pass on her nationality to their

children. A child’s nationality is determined by the nationality of his or her father. According to the CRC Committee,

as a consequence, a large number of children with Iranian mothers and Afghan fathers do not have a birth certificate

or a nationality.5 There are also children of Iranian mothers and Iraqi fathers that are in the same situation.6 While an

Iranian man can transfer his nationality to a non-Iranian spouse, an Iranian woman is not allowed to do so.7

Divorce rights. A man who wants to divorce his wife must go through a family court and its procedures. A woman

can seek divorce under certain specific circumstances. In order for a divorce to be granted, she must prove injury

and prove that continuing the marriage would cause her harm. There is also a possibility for a woman to seek

divorce without the burden of evidence, but she will then forfeit any financial rights. For this option to be possible

the husband has to concede to the divorce.8

Guardianship and custody rights. The father is the lawful guardian of the children. In the event of divorce the

mother may be granted custody until the boy or girl reaches the age of 7, after which the custody goes to the

father.9 According to the State party communication with the CRC Committee in 2004, the mother is the preferred

custodian during the first 7 years of the child’s life.10 Although the mother may be granted custody upon a divorce,

the father will remain the lawful guardian of the children. In case the father dies, guardianship will be granted to

the paternal grandfather of the child.11

Inheritance rights. Women have the right to inherit, but will inherit a smaller share than a man. As mentioned

above, the interpretation of Sharia law differs between Sunnis and Shias, thus the inheritance rules are somewhat

different for each group.12

Freedom of movement. Women’s freedom of movement is restricted in several ways. For a woman to obtain a

passport and travel abroad her husband’s written consent is required. A married woman does not have the freedom

to choose her residence (this is decided by the husband), nor does she have the freedom to go outside of the house

without her husband’s consent. In addition, sex segregation in several public spaces also limits women’s freedom

of movement.13

Protection from child marriage. The minimum age of marriage is 13 for girls and 15 for boys. Permission to marry

below this age can be obtained from a court by the girl´s or boy’s father.14 Data on the prevalence of child marriage

in Iran do not exist in the UNICEF global database. Polygyny, although legal, is not a common practice according

to the 2010 Freedom House report Women’s Rights in the Middle East and North Africa.

Protection from gender-based violence. There is no specific law against domestic violence in Iran. Rape is a

crime subject to strict penalties, including the death penalty. Four male witnesses, or three male and two female

witnesses, are required to convict someone of rape.15 The concept of marital rape is not recognized by the law and

it is not seen as a crime. “Honour killings” do occur in Iran and the penal code allows a man to murder his wife on

the basis of adultery. The penalty for adultery is “death by stoning”. According to the 2010 Freedom House report,

this penalty is used occasionally in Iran.16

5 Committee on the Rights of the Child, Consideration of reports submitted by states parties under article 44 of the convention Concluding observations: The Islamic Republic of Iran, CRC/C/15/Add.254, 2005

6 Information provided by UNICEF Iran

7 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

8 Ibid.

9 Ibid.

10 Committee on the Rights of the Child, Written replies by the Government of the Islamic Republic of Iran concerning the list of issues (CRC/C/Q/IRN/2) received by the Committee on the Rights of the Child

relating to the consideration of the second periodic report of the Islamic Republic of Iran (CRC/C/104/Add.3), CRC/C/RESP/71, 2004

11 Information provided by UNICEF Iran (from Chapter 3 of the Iranian Civil Code)

12 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

13 Ibid.

14 Ibid.

15 U.S. Department of State, 2010 Country Reports on Human Rights Practices (report, online version http://www.state.gov/g/drl/rls/hrrpt/) [accessed in August 2011]

16 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

3

Governmental response. There are a number of governmental organisations with the mandate to work on women’s

affairs. Chief among these is the Centre for Women and Family Affairs, which is affiliated to the presidential office.

The responsibility of this organisation as stated on its website is to coordinate, plan and provide supportive services

and policy-making regarding women’s and family affairs. The centre exists on the basis of a directive issued by

the president and the director is a member of the Government Council, though not minister. There are also other

governmental organisations that address women’s affairs in one way or another, such as the Women’s Social and

Cultural Council affiliated to the Cultural Revolution High Council as well as women’s offices in most ministries.

The Centre for Women and Family Affairs and Women’s Social and Cultural Council have counselling roles for the

government, but these organisations do not implement programmes or deliver services.17

Strategies and services responding to gender-based violence. The State Welfare Organisation (SWO) runs shelters

for girls escaping from home and children exposed to violence. There is also a hotline called the Social Emergency

Line provided by the SWO through which cases of domestic violence can be reported.18 In addition, there are NGOs

that offer legal advice and protection for battered women.19

4. women’S PoLiticaL ParticiPation

Political representation. Women gained the right to vote and stand for election in 1963.20 In the lower house of

parliament, women occupy only 8 of the 290 seats (3 per cent of the seats)21 and there are no legislated quotas

to increase women’s representation in parliament. As of 2010 there is only one female minister. Women are not

allowed to hold leadership positions in the main organs of power, such as the Presidency and Supreme Leadership

of the country.22

Representation in the legal system. There are female legal professionals in Iran. After the establishment of the

Islamic Republic in 1979 women were not allowed to serve as judges. This rule has since been changed and women

can now serve as judges and as legal counsellors, but they are not allowed to issue and sign final verdicts.23

Civil society. Iran has an active and visible women’s rights movement, despite a limiting environment. According

to the 2010 Freedom House report, many of the current laws are actually more conservative than the customary

practices in most of the Iranian society, with the exception of some groups (such as some tribal communities) and

some underdeveloped areas where the practices are more traditional. For this reason, women’s rights activists

have made advocating for reform of discriminatory laws their top priority, including through the high profile One

Million Signatures Campaign to change such laws.

5. education and economic ParticiPation

Education. The youth literacy rate is 99 per cent for both young women and young men. The net enrolment ratio

in primary education is estimated by UNESCO Institute for Statistics (UIS) to be 100 per cent for girls and 99 per

cent for boys (estimates refer to 2007). Secondary school net enrolment ratios for girls and boys are not available

in the UIS database.

Access to financial credit. Iranian women have access to bank loans and other forms of financial credit. The consent of their husband or male relative is not required.24

17 Information provided by UNICEF Iran, and from the Center for Women and Family Affairs’ website (www.women.gov.ir/en/pages/content.php?id=97 [accessed in June 2011])

18 Information provided by UNICEF Iran

19 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

20 UNDP, Human Development Report 2007/2008

21 IPU, http://www.ipu.org/wmn-e/classif.htm (data updated as of 30 April 2011) [accessed in June 2011]

22 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

23 Ibid.

24 Information provided by UNICEF Iran

3. inStitutionS and mechaniSmS

4

Participation in the labour market. Only 32 per cent of women age 15 and above are actively engaging in the labour

market either by working or looking for work. Among men (age 15 and above) the corresponding rate is 73 per cent.

The global labour force participation rate of women is 52 per cent.25 Female youth participate in the labour market

to a much lesser extent than male youth. Among young men 15-24 years old the labour force participation rate is

51 per cent, while among female youth it is only 33 per cent. Although unemployment affects both young men and

women, gender disparities are marked (34 per cent of female youth are unemployed, compared to 20 per cent of

male youth, according to statistics from 2008). In Iran, a husband has the right to prevent his wife from taking a job

that is “incompatible with the family interests or the dignity of himself or his wife”, according to the 2010 Freedom

House report.

6. reProductive heaLth

Maternal health. Iran is categorized as “on track” towards improving maternal health (MDG5), according to analyses

of the reduction of the Maternal Mortality Ratio conducted by the Maternal Mortality Estimation Inter-agency Group

(MMEIG). Maternal mortality is estimated at 30 maternal deaths per 100,000 live births.26 According to data from

the Iranian Ministry of Health (from 2005), the antenatal care coverage (at least once) is 98 per cent. The coverage

in skilled attendance at delivery, which is one of the most critical interventions for safe motherhood, is also high

(97 per cent).

Early childbearing. In Iran, the adolescent birth rate is 31 births per 1,000 adolescent girls aged 15–19.

7. key indicatorS on the Situation oF girLS and women

MATERNAL AND NEWBORN HEALTH

YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

Contraceptive prevalence (%)

2005 79 - - - - SOWC 2011

Antenatal care coverage at least once by skilled personnel (%)

2005 98 - - - -

UNICEF global database/ Integrated Monitoring and Evaluation System (IMES)/ Ministry of Health Iran

Skilled attendant at birth (doctor, nurse or midwife) (%)

2005 97 - - - -

UNICEF global database/ Integrated Monitoring and Evaluation System (IMES)/ Ministry of Health Iran

Adolescent birth rate (number of births per 1,000 girls aged 15–19)

2006 31

UNFPA, UNPD, MDG database http://unstats.un.org[accessed in June 2011]

Maternal Mortality Ratio (adjusted) (maternal deaths per 100,000 live births)

2008 30 WHO, UNICEF, UNFPA, World Bank, Maternal Mortality Estimation Inter-agency Group (MMEIG) / UNICEF global database

Lifetime risk of maternal death, 1 in:

2008 1500

25 United Nations, DESA, The World’s Women 2010, p. 76

26 WHO, UNICEF, UNFPA and The World Bank, 2010, Trends in Maternal Mortality: 1990-2008 (Countries with MMR ≥100 in 1990 are categorized as “on track” if there has been 5.5% decline or more annually,

“making progress” if MMR has declined between 2% and 5.5%, making “insufficient progress” if MMR has declined less than 2% annually, and having “no progress” if there has been an annual increase in

MMR. Countries with MMR <100 in 1990 are not categorized)

5

EDUCATION YEARMALE

%FEMALE

%

GENDER PARITY INDEX

(F/M)SOURCE

Net enrolment ratio primary school (%)

2007 99 100 1.01

UIS, online database, http://stats.uis.unesco.org[accessed in September 2011], UIS estimates

Net enrolment ratio secondary school (%)

- - -UIS, online database, http://stats.uis.unesco.org[accessed in June 2011]

Youth (15-24) literacy rate (%)

2008 99 99

YEAR TOTAL SOURCE

Share of females among teaching staf f (% ) in primary education

2008 63UNESCO, Education for All Global Monitoring Report 2011

Share of females among teaching staf f (% ) in secondary education

-

CHILD PROTECTION YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

% of women aged 20-24 who were married/in union before the age of 18

- - - - -

Female genital mutilation/cutting among women 15-49 (%)

- - - - -

YEAR TOTAL MALE FEMALE SOURCE

% of children aged 5–14 engaged in child labour

- - -

6

ATTITUDES TOWARDS DOMESTIC VIOLENCE

YEAR% WHO AGREE WITH AT LEAST ONE

SPECIFIED REASONSOURCE

Women (15-49) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

-

Adolescent girls (15–19) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

-

HIV/AIDS YEAR TOTAL MALE FEMALE SOURCE

HIV prevalence among young people (15–24) 2009 <0.1 <0.1 <0.1 UNICEF global

database/ UNAIDS

% of young people (15-24) who have comprehensive knowledge of HIV - - -

USE OF ICT YEAR TOTAL SOURCE

% of young women (15-24) who used a computer during the last 12 months

-

% of young women (15-24) who used the internet during the last 12 months

-

7

WOMEN’S POLITICAL PARTICIPATION

YEAR TOTAL SOURCE

Number of women in parliament (single/ lower house) 2011 8

IPU, http://www.ipu.org/wmn-e/classif.htm (data updated as of 30 April 2011) [accessed in June 2011]

% women in parliament 2011 3

Legislated quotas for women for single/ lower house (yes/no)

* No Iran is not listed in the The Quota Project database on www.quotaproject.org [accessed in June 2011*] which lists all countries with legislated quotas

Quota type n/a

Number of women in ministerial positions

2010 1DAW/DESA, IPU, Women in Politics: 2010 (reflecting appointments up to 1 January 2010)

% women in ministerial positions 2010 3

WOMEN´S ECONOMIC PARTICIPATION

YEAR TOTAL SOURCE

Labour force participation rate (%), male 15+

2009 73

ILO, Key Indicators of the Labour Market (KILM), 6th Edition.

http://kilm.ilo.org Table 1a (ILO estimates), [accessed in June 2011]

Labour force participation rate (%), female 15+

2009 32

Labour force participation rate (%), male 15-24

2009 51

Labour force participation rate (%), female 15-24

2009 33

Total unemployment rate (%), male 15+

2008 9

ILO, KILM, 6th Edition, Table 8a, [accessed in June 2011]

Total unemployment rate (%), female 15+

2008 17

Youth (15-24) unemployment rate (%), male

2008 20

ILO, KILM, 6th Edition, Table 9, [accessed in June 2011]

Youth (15-24) unemployment rate (%), female

2008 34

10

MATERNITY LEAVE YEAR SOURCE

Maternity leave duration 2004-2009 90 days United Nations Statistics Division, http://unstats.un.org/unsd/demographic/products/indwm/tab5g.htm#tech, Table 5g, [accessed in June 2011]. Data compiled between 2004-2009.

% of wages paid in covered period 2004-2009 67

Provider of benefit 2004-2009Social

security

Notes:The UNICEF global databases are available on www.childinfo.orgFor indicator definitions and further information on data sources please see "Guide to MENA Gender Profiles"n/a = not applicable

8. ratiFication oF treatieS

TREATYYEAR OF

SIGNATURE

YEAR OF RATIFICATION,

ACCESSION (A), SUCCESSION (S)

RESERVATIONS

Convention on the Political Rights of Women (1953)

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962)

International Covenant on Economic, Social and Cultural Rights (1966)

1968 1975

International Covenant on Civil and Political Rights (1966)

1968 1975

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999)

Convention on the Rights of the Child (1989) 1991 1994

Upon ratification: "The Government of the Islamic Republic of Iran reserves the right not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect."

Amendment to article 43 (2) of the Convention on the Rights of the Child (1995)

n/a 2001 Acceptance

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000)

2010

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)

2007 (a)

Convention on the Rights of Persons with Disabilities (2006)

2009 (a)

Declaration: “… withregard to Article 46, the Islamic Republic of Iran declares that it does not consider itself bound by any provisions of the Convention, which may be incompatible with its applicable rules.”

n/a = not applicableSource: United Nations Treaty Collection, http://treaties.un.org[accessed in May 2011]

8