Conflicts Between the International Convention on the Elimination of All Forms of Discrimination Against Women and Iranian Laws

The Convention on the Elimination of All Forms of Discrimination Against Women is an international document adopted by the United Nations General Assembly in 1979, and almost all countries in the world are members of it. The Islamic Republic of Iran is one of the few countries in the world that has not joined this convention. This convention has a preamble and 30 articles, and member countries commit to eliminating any discrimination against women that contradicts the principle of equality among humans. They also commit to taking immediate actions to ensure equality in political, social, economic, and cultural rights for women. Articles 10 to 14 of this convention obligate member states to ensure equal treatment between men and women in education, employment, health, economy, and social affairs. This article examines the conflicts between the provisions of the aforementioned convention and the laws of the Islamic Republic of Iran. The most significant conflicts between this convention and the Islamic rules governing Iran include: 1. Inheritance: According to Islamic rules, women's inheritance share is half that of men's. 2. Diyeh (blood money): The diya for women is half that of men. Notably, the diya for certain body parts of men is greater than that of women. 3. Right to divorce: The right to divorce is absolutely with men. 4. Women's travel rights: Women cannot travel without the direct permission of their husbands or male guardians (the only criterion for their selection as guardians is their physical maleness). In this context, travel is interpreted as even stepping outside the home. 5. Women's testimony in courts: Women's testimony is worth half that of men's in official courts. That is, the testimony of two women is equivalent to that of one man in court. 6. Women cannot be judges: No woman can be a judge in the Islamic system of Iran. Judges (Sharia rulers) are only selected from among men. Recently, in some places (like family courts), women have been seemingly employed as judges, but their rulings or decisions are worthless without the approval of a Sharia judge. 7. Child custody: Custody of children is always with men. Like many other cases, this is interpreted in a way that provides no advantage to women, and they are not appointed to custody of children, placing the financial burden on men. 8. Minority women: Women who belong to religious minorities (especially those who belong to minorities not considered 'People of the Book') suffer from 'double discrimination' because they are both women and part of minority groups. 9. Marriage: Men can have four wives, while women cannot have more than one husband at the same time. 10. Temporary marriage: Men can have temporary marriages (Sigheh) with women. This is a Shia rule and is not accepted by Sunnis. 11. Women who marry foreigners lose their citizenship according to Islamic rules governing Iran. 12. Those who abandon Islam (commit apostasy) are immediately sentenced to death if they are men, while for women, the ruling is to keep them in prison and whip them daily during prayer times until they renounce apostasy and return to Islam. This 'privilege' for women stems from the belief that women are weak-minded, unlike men whose decisions are considered decisive, whereas women's decisions are seen as stemming from mental weakness. 13. Clothing: The Islamic rules governing clothing in Iran are completely discriminatory between men and women. Women must cover their entire bodies except for their faces and the palms of their hands (from wrists to fingers). The entire body of women is considered 'awrah' (nakedness) and must be hidden from public view. No similar restrictions exist for men. Only in some cases are men asked not to look at women 'badly'.