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Iran
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
There appears to be no legislation in Iran that addresses forced marriage.
Consent to marriage
Servile marriage
There appears to be no legislation in Iran that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Iran are found in the Trafficking in Persons Law , which prohibits trafficking for marriage, abduction for marriage and deception for marriage at Article 1, with a potential penalty of imprisonment of two to ten Years and pay a fine equal to twice the funds or property derived from the offense or funds.
Minimum age for marriage
There appears to be no minimum age for marriage in Iran. However, Article 1064 of the 2006 Civil Code anticipates a minimum age for marriage being in existence. Despite this, foundational minimum age provisions were not identified in the study. However, marriages below puberty are permitted by the guardian if the financial interests of the defendant are observed, as set out on Article 1041 of the 2006 Civil Code. These exceptions are not differentiated by gender.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Religious
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- Bali Process
- Organisation of Islamic Cooperation
Legislative Provisions
CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
Article 22
The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.
Article 28
Every person is entitled to choose the employment he wishes, so long as it is not contrary to Islam or the public interest or the rights of others. The Government is bound, with due regard for the needs of society for a variety of employment for all men, to create the possibility of employment, and equal opportunities for obtaining it.
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:
1. the provision of basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family;
2. ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest-free loans or recourse to any other legitimate means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. These steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth;
3. the plan for the national economy, must be structured in such a manner that the form, content, and hours of work of every individual will allow him sufficient leisure and energy to engage, beyond his professional endeavor, in intellectual, political, and social activities leading to all-round development of his self, to take active part in leading the affairs of the country, improve his skills, and to make full use of his creativity;
4. respect for the right to choose freely one’s occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another’s labor;
5. the prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate and evil practices;
6. the prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services;
7. the utilization of science and technology, and the training of skilled personnel in accordance with the developmental needs of the country’s economy;
8. prevention of foreign economic domination over the country’s economy;
9. emphasis on increase of agricultural, livestock, and industrial production in order to satisfy public needs and to make the country self sufficient and free from dependence.
LABOUR CODE
Section 6.
Under sections 43(4), 2(6) and 19, 20 and 28 of the Constitution of the Islamic Republic of Iran, it is prohibited to force a person to perform work against his will or to exploit others; Iranians, whatever their tribe or ethnic group, enjoy the same rights; skin colour, race, language and the like do not constitute any privilege or distinction; all individuals, whether men or women, are entitled to the same protection of the law; and every person has the right to freely choose an occupation, provided that such occupation is not inconsistent with Islamic principles or the public interests and does not violate other peoples’ rights.
Section 41.
The Supreme Labour Council shall be responsible every year for fixing minimum wages for the various regions of the country according to the sectors of industry, with regard to the following criteria:
(1) The minimum wage of workers shall be fixed taking account of the rate of inflation announced by the Central Bank of the Islamic Republic of Iran;
(2) Regardless of the physical and intellectual abilities of workers and the characteristics of the work assigned, the minimum wage shall be sufficient to meet the living expenses of a family, whose average number of members shall be specified by the appropriate authorities.
Note. No employer shall pay any worker a wage which is less than the fixed minimum wage for work performed during statutory hours of work. In the event of a violation of this rule, the employer must pay the difference between the wage paid and the most recent minimum wage.
Section 172.
In accordance with section 6 of this Code, all forms of forced labour shall be prohibited. Any person who commits an offence on that account shall, with due regard to his situation and means and to the degree of the offence, be subject to a term of imprisonment ranging from 91 days to one year and to a fine of between 50 and 200 times the minimum daily wage, in addition to the payment of fair remuneration for work completed and compensation for damages. Where several persons, jointly or on behalf of an organisation, cause a person to perform forced labour, each offender shall be subject to the penalties prescribed above and shall be jointly subject to payment of fair remuneration, unless the person who caused the offence to be committed is superior to an overseer, in which case such person shall be held personally responsible. Note. Where several persons are collectively made to perform forced labour, the offender shall, with due regard to his situation and means and to the degree of the offence, be subject to the maximum penalty provided for in this section in addition to payment of fair remuneration.Iran Labour Code
ANTI-TRAFFICKING LAW
Article 1.
Human trafficking is
A- The departure or entry or transit of an individual or people in groups through countries’ borders by coercion, force, deception, intimidation, or by misuse of power or position with the aim of sexual exploitation, organ harvesting, involuntary servitude, or marriage
B- Taking over or transferring or hiding or providing the means of concealment of the person or persons subject to paragraph (a) of this article after crossing the border for the same purpose
Article 2.
The following acts are considered as “human trafficking”
A- The formation or administration of a group or group whose purpose is to carry out the affairs referred to in Article (1)
B- Passing (exporting or importing or transit), authorized or unauthorized transportation or transfer organized person or persons for prostitution or other purposes subject to Article (1) of this law, even if consent
C- Passing (importing or importing or transit), unauthorized transportation or transfer of persons with the intention of prostitution, even if it is with their consent
Article 3.
If the perpetrator commits “human trafficking” from the examples in the Islamic Penal Code they will be in accordance with the penalties provided for in the law and otherwise imprisoned from two to ten years and payment of a fine equal to twice the funds or property resulting from the offense or funds and property promised by the victim or a third party to pay the perpetrator is condemned
Note 1 – If the trafficked person is less than eighteen years old and commits the act is not an example of moharebeh and corruption on earth, commits the maximum punishment prescribed
Note 2 – A person who starts committing crimes subject to this law, but the result is the purpose. If he does not fulfill his will, he will be sentenced to six months to two years in prison
Note 3 – Punishment of the deputy for the crime of “human trafficking” in the amount of two to five years of imprisonment
The case as well as a fine equivalent to the funds or property resulting from the offense or the funds and property.
The victim or a third party has promised to pay the perpetrator.
AWAD REPORT
Paragraph 219
In order to prevent slavery and institutions or practices similar to slavery as defined in the United Nations questionnaire, and with a view to eliminating it within the country, the Parliament of Iran approved in the Hejra year 1307 (1928), an Act in the following terms:
“Sole article. In Iran no person shall be deemed to be a slave, and any slave, immediately upon entering Iranian territory or Iranian territorial waters, shall become free. Any person who engages in traffic in human being as a slave, commits an act ascribable to ownership of him or her, or acts as an agent in the trading and transport of a slave, shall be sentenced to correctional imprisonment for a term from one to three years…”
Paragraph 220
(1) In accordance with the above Act, any person engaging in traffic in a human being as a slave, committing any act ascribable to ownership of him or her or acting as an agent in the trading and transport of a slave, will be sentenced to correctional imprisonment for a term from one to three years.
(a) Ownership of a slave, and the commission of any act ascribable to ownership of a human being are criminal offences. The punishment applicable is the same as that mentioned above.
(b) Under Iranian law, any act ascribable to ownership of a human being is a crime; to enslave another person or to place him in servile status is also, therefore, a crime. The punishment applicable is the same as that mentioned above
(c) Since Iranian law treats slavery as a crim, it makes no mention of inducing another person to place himself, or a person dependent upon him, in slavery.
LAW ON PROTECTION OF CHILDREN AND ADOLESCENTS 2002
Article 1 –
All persons who have not reached the age of eighteen years of full Hijri from support benefit from the law mentioned in this law
Article 3 –
Any purchase, sale, exploitation and employment of children in order to commit subsequent acts, such as smuggling, prohibited and, as the case may be, in addition to compensation for damages for six months up to one year in prison or a fine of ten million (10 000 000) rials to twenty million (20,000,000) rials will be sentenced.
CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN
Preamble
Woman in the Constitution
Through the creation of Islamic social infrastructures, all the elements of humanity that hitherto served the multifaceted foreign exploitation shall regain their true identity and human rights. As a part of this process, it is only natural that women should benefit from a particularly large augmentation of their rights, because of the greater oppression that they suffered under the taghuti regime. The family is the fundamental unit of society and the main centre for the growth and edification of human being. Compatibility with respect to belief and ideal, which provides the primary basis for man’s development and growth, is the main consideration in the establishment of a family. It is the duty of the Islamic government to provide the necessary facilities for the attainment of this goal. This view of the family unit delivers woman from being regarded as an object or as an instrument in the service of promoting consumerism and exploitation. Not only does woman recover thereby her momentous and precious function of motherhood, rearing of ideologically committed human beings, she also assumes a pioneering social role and becomes the fellow struggler of man in all vital areas of life. Given the weighty responsibilities that woman thus assumes, she is accorded in Islam great value and nobility.
Article 12
The official religion of Iran is Islam and the Twelver Ja’farî school [in usul al-Dîn and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafî, Shafi’î, Malikî, Hanbalî, and Zaydî, 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 litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.
TRAFFICKING IN PERSONS LAW
Article 1
The following human trafficking
A – outside or allowed the inclusion or transit of the person or persons Borders, forced or compulsory or threat or deceit and deception or abuse of Abuse of power or position or status of the person or persons mentioned, for the purpose of prostitution or .brdasht Members and organs, slavery and marriage
B – receiving or transferring or hiding or concealing a person to provide grounds or Persons referred to in paragraph (a) of this Article after crossing the border with the same purpose
Article 2
The following acts as a “human trafficking” is
(A – formed or the categories or groups whose purpose is to carry out in Article (1 This law B – passing (outside or inclusion or transit), carry or move allowed (The person or persons in an organized manner for prostitution or other purposes referred to in Article (1 This law, however, is to their satisfaction C – passing (outside or inclusion or transit), carry or transmit unauthorized persons Although prostitution. The intention is to their satisfaction
Article 3
If you commit the “human smuggling” under the Penal Code Islamic Azmsadyq
According to the above-mentioned penalties are prescribed by law and otherwise to imprisonment of two to ten Years and pay a fine equal to twice the funds or property derived from the offense or funds And property of the victim or a third person has committed its promise to pay .shdh Is sentenced Note 1: If the person trafficked is less than eighteen years of age and sins Enmity against God and corruption are not examples of Al-Radi, committed to the maximum punishment provided for in this Article sentenced Note 2 who begins to commit the offenses the law, but the intention is Without him, the investigator will not, be sentenced to six months to two years in prison Note 3 penalties abetting “human trafficking” in terms of two to five years in prison About as well as fines of funds or property funds and property obtained by crime or by the .bz·h Seen or third party has promised to make its payments, will be
Article 4
When government employees or institutions, companies and organizations associated with the government And non-governmental armed forces or public institutions or bodies or the Islamic revolution The general staff of three branches in some way or the offenses the law Intervention, addition to the penalties prescribed in this Act with respect to the offender .anfsal Will be sentenced temporarily or permanently serving institutions and private companies to commit crimes Article 5 If the subject of this law, even Are formed with a different title, addition to imposing punishment.
LAW ON COMBATING HUMAN TRAFFICKINGHUMAN TRAFFICKING BILL 2004
Article 1. Human trafficking is
The departure or entry or transit of an individual or people in groups through countries’ borders by coercion, force, deception, intimidation, or by misuse of power or position with the aim of sexual exploitation, organ harvesting, involuntary servitude, or marriageA- The departure or entry or transit of an individual or people in groups through countries’ borders by coercion, force, deception, intimidation, or by misuse of power or position with the aim of sexual exploitation, organ harvesting, involuntary servitude, or marriage
B- tTaking over or transferring or hiding or providing the means of concealment of the person or persons subject to paragraph (a) of this article after crossing the border for the same purpose
Article 2.
The following acts are considered as “human trafficking”
A- The formation or administration of a group or group whose purpose is to carry out the affairs referred to in Article (1)
B- Passing (exporting or importing or transit), authorized or unauthorized transportation or transfer organized person or persons for prostitution or other purposes subject to Article (1) of this law, even if consent
C- Passing (importing or importing or transit), unauthorized transportation or transfer of persons with the intention of prostitution, even if it is with their consent
Article 3.
If the perpetrator commits “human trafficking” from the examples in the Islamic Penal Code they will be in accordance with the penalties provided for in the law and otherwise imprisoned from two to ten years and payment of a fine equal to twice the funds or property resulting from the offense or funds and property promised by the victim or a third party to pay the perpetrator is condemned
Note 1 – If the trafficked person is less than eighteen years old and commits the act is not an example of moharebeh and corruption on earth, commits the maximum punishment prescribed
Note 2 – A person who starts committing crimes subject to this law, but the result is the purpose. If he does not fulfill his will, he will be sentenced to six months to two years in prison
Note 3 – Punishment of the deputy for the crime of “human trafficking” in the amount of two to five years of imprisonment
The case as well as a fine equivalent to the funds or property resulting from the offense or the funds and property
The victim or a third party has promised to pay the perpetrator
FAMILY PROTECTION ACT 2015
Article ٢١
The legal system of the Islamic Republic of Iran, in order to focus and stabilize family relations, permanent marriage, which is the basis of family formation.
Is supported. Temporary marriage is also subject to the rules and regulations of civil law and its registration is required in the following cases:
ز Pregnancy of wife
٢ Agreement of the parties
ط Condition during the contract
Note on the registration of events subject to this Article and Article (1) of this Law in the notary offices
Formal marriage or marriage and divorce is in accordance with the regulations that are approved by the Minister of Justice within one year upon the proposal of the Minister of Justice.
٢٩/٢ / reaches the judiciary and until the approval of the mentioned by-laws, the by-laws subject to Article (1) of the amended law on marriage approved.
CIVIL CODE 1928, amended 1985
Article 1041
Marriage before the age, of majority is prohibited.
Note -Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward’s interest is proper.
Article 1043
The marriage of a girl who has not married previously is dependent on the permission of her father or her paternal grandfather even if she has reached the full age of majority . If, however, the father or the paternal grandfather withhold the permission without justifiable reason, the girl can refer to the Special Civil Court giving full particulars of the man whom she wants to marry and also the terms of the marriage and the dowry money agreed upon and notify her father or her paternal grandfather through that Court of the foregoing particulars The Court can issue a permission for marriage fifteen days after the date of notification to the guardian if no response has been received from the guardian to satisfy refusal.
Article 1044
If the father or the paternal grandfather are not present in the place and obtaining their permission is customarily impossible and the girl is in need of marriage, she can marry. Note – Registration of such a marriage in the Marriage Registry shall be pending on proving the above – cited instances in the Special Civil Court.
Article 1062
Marriage takes place by proposal and acceptance in words which explicitly convey the intention of marriage.
Article 1063
The proposal and acceptance may be uttered by the man and woman themselves or by persons who are legally entitled to perform the act.
Article 1064
The person who performs the act must be sane in mind, of legal age, and capable of forming a decision.
Article 1065
It is a necessary for the validity of a marriage that acceptance should follow close upon proposal, in accordance with custom.
Article 1068
Making marriage conditional will render it void.
Article 1071
Either the man or woman can depute a third party with power to contract the marriage.
Article 1075
Marriage is called temporary when it is for a limited period of time.
Article 1076
The duration of the temporary marriage must be definitely determined.
Article 1105
In relations between husband and wife; the position of the head of the family is the exclusive right of the husband.
Article 1106
The cost of maintenance of the wife is at the charge of the husband in permanent marriages.
Article 1113
In the case of a temporary marriage the wife is not entitled to the cost of maintenance, unless provision has been specially made for this, or the marriage has been arranged on this condition
Article 1114
The wife must stay in the dwelling that the husband allots for her unless such a right is reserved to the wife.
Article 1115
If the existence of the wife and husband in the same house involves the risk of bodily or financial injury or that to the dignity of the wife, she can choose a separate dwelling: and if the alleged risk is proved the court will not order her to return to the house of the husband and, so long as she is authorized not to return to the house, her cost of maintenance will be on the charge of her husband.
Article 1116
In the case of the foregoing Article, so long as litigation is not concluded between the married couple, the dwelling of the wife will be fixed by mutual consent of both parties and failing such consent, the court will fix the dwelling after duly obtaining the views of near relatives, and in the absence of relatives the court itself will fix a suitable dwelling.
Article 1117
The husband can prevent his wife from occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife.
Article 1118
The wife can independently do what she likes with her own property.
Article 1210
No one, when reaching the age of majority, can be treated as under disability in respect of insanity or immaturity unless his immaturity or insanity is proved.
Note 1: The age of majority for boys is fifteen lunar years and for girls nine lunar years.
Article 1314
The evidence of children who have not reached the full age of 15 may be heard only for supplementing information, except where the law has recognized evidence given by such children as valid.