18 November 2015 - A discriminatory bill in Iran, that undermines women’s right to decide freely whether and when to marry, divorce and have children, and further entrenches domestic violence as a private “family matter”, has moved one step closer to becoming law after its general principles were passed by an overwhelming majority in Parliament on 2 November.
The Comprehensive Population and Exaltation of Family Bill (Bill 315) sanctions discrimination against women in the labor market based on their marital status and whether they have children or not. Article 9 of the Bill mandates that all private and public entities give hiring priority, in sequence, to men with children, married men without children, and women with children. Articles 10 and 16 prevent unmarried women and men from assuming teaching positions or obtaining a license to practice family law.
The Bill also creates barriers to divorce. Article 21 presents divorce as “an anti-value with socially harmful consequences on spouses and children”. Articles 19 and 20 provide lawyers and judges with positive performance reviews and special bonuses in divorce cases that result in marital reconciliation. This will compound the discriminatory impact of Iran’s existing Civil Code wherein the grounds for divorce are not the same for men and women. Men can divorce their wives without giving any reasons but women must prove that they are living in conditions of severe hardship that make the continuation of marital life intolerable.
The Bill also raises concerns that state institutions will deal with cases of spousal/domestic violence through reconciliation rather than prosecuting and punishing perpetrators. Articles 17 and 18 call for the “de-judicialization of family disputes and crises” with a view to preventing divorce, and for their “peaceful settlement” through a specialized police unit staffed with “married, mature and well-trained” officers. The bill has no regard for whether reconciliation may put women at higher risk of re-victimization in abusive relationships.
The Bill also creates barriers to divorce. Article 21 presents divorce as “an anti-value with socially harmful consequences on spouses and children”. Articles 19 and 20 provide lawyers and judges with positive performance reviews and special bonuses in divorce cases that result in marital reconciliation. This will compound the discriminatory impact of Iran’s existing Civil Code wherein the grounds for divorce are not the same for men and women. Men can divorce their wives without giving any reasons but women must prove that they are living in conditions of severe hardship that make the continuation of marital life intolerable.
The Bill also raises concerns that state institutions will deal with cases of spousal/domestic violence through reconciliation rather than prosecuting and punishing perpetrators. Articles 17 and 18 call for the “de-judicialization of family disputes and crises” with a view to preventing divorce, and for their “peaceful settlement” through a specialized police unit staffed with “married, mature and well-trained” officers. The bill has no regard for whether reconciliation may put women at higher risk of re-victimization in abusive relationships.
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