Proposal for Establishing 'Special Courts for Women' by Women's Faction of Parliament

A member of the Women's Faction of Parliament criticized the 'male-dominated atmosphere of Iranian courts' and highlighted the 'challenges and difficulties women face' in obtaining their rights in court, emphasizing the necessity of establishing special courts to handle women's complaints. Soheila Jelodarzadeh, a representative from Tehran, informed the House of Representatives news agency that the establishment of special courts for women's complaints has been proposed to the head of the judiciary by the Women's Faction of Parliament. Jelodarzadeh also pointed out the 'legal weaknesses in supporting women' and stressed the importance of cultural change regarding 'all aspects related to women's issues,' stating that perspectives on women's rights need to change. She noted reforms in laws concerning women, such as divorce laws, which have led to a 'greater emphasis on women's rights,' but expressed regret over women's lack of awareness of their rights. She added that 'it is not the case that all laws completely favor men.' Jelodarzadeh commented that 'balance and justice between women and men' could prevent existing 'challenges and shortcomings,' and 'fair judgment' is a factor in preventing violence and harassment against women by men, which 'can lead to women's peace and security.' Recent statistics released by forensic officials in Tehran show that this year, spousal abuse, after accidents and street fights, has been the main reason for citizens in Tehran visiting forensic medicine, with an average of 52 cases of spousal abuse reported daily. However, in December 2014, the spokesperson for the Legal and Judicial Commission of the Iranian Parliament stated that only 'less than 35 percent' of domestic violence in Iran is reported to the police, adding that the death rate due to violence among women aged 15 to 44 in Iran is 'equal to that of cancer.' Regarding the establishment of special courts for women, the Constitution of the Islamic Republic mandates in Article 21 that the government must ensure women's rights 'in accordance with Islamic laws,' including 'establishing competent courts to preserve the family unit.' Based on this article, the so-called Family Law mandates that the head of the judiciary must allocate at least one branch of general courts in judicial districts to 'handle family disputes' based on population. Although the jurisdiction of this court is defined in matters such as 'disobedience and compliance,' the law does not mention spousal abuse or violence against spouses. In another part of the interview with the House of Representatives, Jelodarzadeh referred to previous parliaments' emphasis on prohibiting marriage for girls under 13 years old, reporting 'lack of cultural support for the laws' and stating that 'marriages below the age of 13 occur in Iranian families due to a lack of cultural education.' This parliament member emphasized raising the marriage age for girls 'to reach mental maturity' and added that the Women's Faction is seeking to amend the marriage age law through discussions with legal authorities. Previously, Parvaneh Salahshouri, head of the Women's Faction, reported that a special committee in this faction is pursuing amendments to laws related to the marriage age of girls. The Deputy for Strategic Studies of the Women and Family Affairs of the Presidential Office recently announced the formulation of jurisprudential solutions to 'combat early marriages of girls' and the issuance of a directive from the Ministry of Justice to counter such marriages in Iran. The Family Support Law, passed in 2012, does not mention a minimum marriage age, but according to the latest amendments to Iran's Civil Code (passed in December 2000), the minimum marriage age is 13 for girls and 15 for boys. However, this law also stipulates that marriage below these ages may occur with 'guardian permission' and 'court approval.' Regarding early marriages of girls, Nasir Makarem Shirazi, a Shia cleric in Qom, previously stated that according to his fatwa, marriage for girls 'before mental maturity and having decision-making power' is not permissible and is invalid. However, in the legal opinions of some other clerics, including Hossein Nouri Hamadani, the actions of 'the father and paternal grandfather' to marry 'a minor child' are considered permissible, emphasizing that 'if this marriage does not have any harm,' such a child cannot annul it after reaching maturity. According to Iran's civil registration statistics, in just one year, over 37,000 girls under the age of 15 were married, and based on published research, over 90 percent of these marriages were pre-arranged, with 75 percent of child brides dropping out of education after marriage. In recent weeks, Shahla Ezzazi, head of women's studies at the Iranian Sociological Association, stated that the statistics for child marriages in Iran have increased compared to the previous year, with 43,000 marriages of girls aged 10 to 15 registered in the country. The issue of child marriages remains a hot topic in Iran.