Thanks to visit codestin.com
Credit goes to www.scribd.com

0% found this document useful (0 votes)
44 views22 pages

Iran: Forced Marriage: Country Policy and Information Note

This document provides country policy and information on forced marriage in Iran. It begins with an introduction and preface, then provides sections on: the legal context of marriage laws in Iran; societal attitudes regarding cultural background and prevalence of underage marriages; state treatment including legislation, protection, and avenues of redress; and state and non-state support groups and shelters. The document aims to provide guidance to decision makers on handling protection and human rights claims related to forced marriage from Iran.

Uploaded by

Charmaine Grace
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
44 views22 pages

Iran: Forced Marriage: Country Policy and Information Note

This document provides country policy and information on forced marriage in Iran. It begins with an introduction and preface, then provides sections on: the legal context of marriage laws in Iran; societal attitudes regarding cultural background and prevalence of underage marriages; state treatment including legislation, protection, and avenues of redress; and state and non-state support groups and shelters. The document aims to provide guidance to decision makers on handling protection and human rights claims related to forced marriage from Iran.

Uploaded by

Charmaine Grace
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 22

Country Policy and Information Note

Iran: Forced marriage

Version 1.0
July 2017
Preface
This note provides country of origin information (COI) and policy guidance to Home
Office decision makers on handling particular types of protection and human rights
claims. This includes whether claims are likely to justify the granting of asylum,
humanitarian protection or discretionary leave and whether – in the event of a claim
being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the
Nationality, Immigration and Asylum Act 2002.
Decision makers must consider claims on an individual basis, taking into account the
case specific facts and all relevant evidence, including: the policy guidance
contained with this note; the available COI; any applicable caselaw; and the Home
Office casework guidance in relation to relevant policies.
Country information
COI in this note has been researched in accordance with principles set out in the
Common EU [European Union] Guidelines for Processing Country of Origin
Information (COI) and the European Asylum Support Office’s research guidelines,
Country of Origin Information report methodology, namely taking into account its
relevance, reliability, accuracy, objectivity, currency, transparency and traceability.
All information is carefully selected from generally reliable, publicly accessible
sources or is information that can be made publicly available. Full publication details
of supporting documentation are provided in footnotes. Multiple sourcing is normally
used to ensure that the information is accurate, balanced and corroborated, and that
a comprehensive and up-to-date picture at the time of publication is provided.
Information is compared and contrasted, whenever possible, to provide a range of
views and opinions. The inclusion of a source is not an endorsement of it or any
views expressed.
Feedback
Our goal is to continuously improve our material. Therefore, if you would like to
comment on this note, please email the Country Policy and Information Team.
Independent Advisory Group on Country Information
The Independent Advisory Group on Country Information (IAGCI) was set up in
March 2009 by the Independent Chief Inspector of Borders and Immigration to make
recommendations to him about the content of the Home Office’s COI material. The
IAGCI welcomes feedback on the Home Office’s COI material. It is not the function
of the IAGCI to endorse any Home Office material, procedures or policy. IAGCI may
be contacted at:
Independent Chief Inspector of Borders and Immigration,
5th Floor, Globe House, 89 Eccleston Square, London, SW1V 1PN.
Email: [email protected]
Information about the IAGCI’s work and a list of the COI documents which have
been reviewed by the IAGCI can be found on the Independent Chief Inspector’s
website at http://icinspector.independent.gov.uk/country-information-reviews/

Page 2 of 22
Contents
Policy guidance ........................................................................................................ 4
1. Introduction ...................................................................................................... 4
1.1 Basis of claim ........................................................................................... 4
1.2 Points to note ........................................................................................... 4
2. Consideration of issues ................................................................................... 4
2.1 Credibility.................................................................................................. 4
2.2 Particular social group .............................................................................. 4
2.3 Assessment of risk ................................................................................... 5
2.4 Protection ................................................................................................. 5
2.5 Internal relocation ..................................................................................... 6
2.6 Certification .............................................................................................. 6
3. Policy summary ............................................................................................... 7
Country information ................................................................................................. 8
4. Overview of forced marriage ............................................................................ 8
4.1 Definition .................................................................................................. 8
4.2 Forced vs arranged marriages ................................................................. 8
5. Legal context ................................................................................................... 9
5.1 Marriage laws ........................................................................................... 9
5.2 Minimum age for marriage...................................................................... 10
5.3 Divorce ................................................................................................... 11
6. Societal attitudes ........................................................................................... 13
6.1 Cultural background ............................................................................... 13
6.2 Prevalence of underage marriages ........................................................ 14
7. State treatment .............................................................................................. 17
7.1 Legislation .............................................................................................. 17
7.2 Protection ............................................................................................... 18
7.3 Avenues of redress ................................................................................ 19
8. State and non state support groups and shelters .......................................... 19
8.2 State support groups .............................................................................. 20
8.3 NGO’s..................................................................................................... 20
Version control and contacts ................................................................................ 22

Page 3 of 22
Policy guidance
Updated 12 July 2017
1. Introduction
1.1 Basis of claim
1.1.1 Fear of persecution or serious harm by non-state agents either because:
(a) A person will be subjected to a forced marriage; or
(b) the person is the accompanying parent of a minor child who is opposed
to the arranged marriage of the child where there is a real risk of it being
carried out.
1.2 Points to note
1.2.1 For the purpose of this guidance ‘forced marriage’ is where the people
concerned are manoeuvred into going through the marriage ceremony
against their will (either by force or some other pressure).
1.2.2 Men/boys can also be victims of forced marriage but for the purpose of this
guidance the main focus is on women/girls as they are more likely to be at
risk of forced marriage in Iran.
1.2.3 In addition to this guidance decision makers should also refer to the Asylum
Instructions on Gender issues in the asylum claim and on Assessing
Credibility and Refugee Status.
Back to Contents
2. Consideration of issues
2.1 Credibility
2.1.1 For information on assessing credibility, see the Asylum Instruction on
Assessing Credibility and Refugee Status.
2.1.2 Decision makers must also check if there has been a previous application for
a UK visa or another form of leave. Asylum applications matched to visas
should be investigated prior to the asylum interview (see the Asylum
Instruction on Visa Matches, Asylum Claims from UK Visa Applicants).
2.1.3 Decision makers should also consider the need to conduct language
analysis testing (see the Asylum Instruction on Language Analysis).
Back to Contents
2.2 Particular social group
2.2.1 Women in Iran, including those in fear of forced marriage, form a particular
social group (PSG) within the meaning of the Refugee Convention. This is
because they share an immutable (or innate) characteristic – their gender -
that cannot be changed; and have a distinct identity in Iran which is
perceived as being different by the surrounding society as evidenced by
widespread discrimination in the exercise of their fundamental rights.

Page 4 of 22
2.2.2 Although women in Iran form a PSG, this does not mean that establishing
such membership will be sufficient to make out a case to be recognised as a
refugee. The question to be addressed in each case will be whether the
particular person will face a real risk of persecution on account of their
membership of such a group.
2.2.3 For further guidance on particular social groups, see the Asylum Instruction
on Assessing Credibility and Refugee Status.
Back to Contents
2.3 Assessment of risk
a. Women and girls fearing forced marriage
2.3.1 Arranged marriages in Iran are common place, some of these can become
forced marriages with young girls particularly vulnerable. The minimum age
requirement for marriage in Iran is 13 for girls and 15 for boys. Marriage
prior to these ages can occur as long as the guardian, having taken the
child’s best interests into consideration, has given their permission and
approval of the relevant court has been given. According to UNICEF
approximately 3% of Iranian children marry by the age of 15 and 17% marry
by the age of 18. Marriages often occur between young girls and much older
men and are often the result of poverty or unemployment (see Societal
attitudes and Prevalence of underage marriages).
2.3.2 Marriage rates in Iran have been declining in recent years with more women
attending university and pursuing a career independent of men. Arranged
and/or forced marriages do still occur with evidence suggesting this is very
rare in cities but does occur in rural areas (see Societal attitudes).
2.3.3 The evidence does not establish that there is a consistent pattern of
girls/women in Iran being forced to marry someone they haven’t agreed to.
In general, the risk of forced marriage is statistically very low. Each case
must however be considered on its facts with the onus on the person to
show that they would be at risk of being forced to marry against their will if
returned to Iran.
Back to Contents
b. Parents who resist/oppose marriage for their minor children
2.3.4 A person who is the parent of a minor child who is opposed to them being
forced to marry may face societal discrimination and ostracism for going
against cultural or family traditions. Decision makers need to consider each
case on its facts. However, in general, this is unlikely to reach the threshold
to constitute serious harm
2.3.5 For further guidance on assessing risk see the Asylum Instruction on
Assessing Credibility and Refugee Status.
Back to Contents
2.4 Protection
2.4.1 Under Article 1041 of the Iranian civil code girls younger than 13 require the
permission of their guardian and the courts prior to any marriage taking
place. The court can refuse permission if it deems the marriage of a minor

Page 5 of 22
to be against the interests of the girl. If a man violates this article of the Civil
code he will be sentenced to between six months’ and two years’
imprisonment. However, children under the age of 15 are unable to file law
suits themselves and must be represented by their legal guardian (see
Minimum age for marriage and Avenues of redress).
2.4.2 Provisions in the Civil code are in place to prevent the marriage of an
underage girl where the marriage is not in her best interests. However,
women and girls remain inadequately protected against sexual and other
gender based violence, including early and forced marriage. Authorities
have been known to return girls who have run away from home to escape
forced marriage to their parents instead of giving them a place in a shelter.
2.4.3 State and NGO shelters do exist in Iran providing temporary housing and
counselling for runaway girls although spaces and assistance is limited and
they do not provide long-term support (see State support groups).
2.4.4 In general protection is available but access will depend on the individual
facts of the case. Any past persecution and past lack of effective protection
may indicate that effective protection would not be available in the future.
The onus is on the person to demonstrate why they would be unable to
access effective protection.
2.4.5 For detailed information on the effectiveness of the security forces in Iran
please see the Country Information and Guidance on Iran: Background
Information, including actors of protection and internal relocation)
2.4.6 For further guidance on assessing the availability of state protection, see the
Asylum Instruction on Assessing Credibility and Refugee Status.
Back to Contents
2.5 Internal relocation
2.5.1 Decision makers must give careful consideration to the relevance and
reasonableness of internal relocation on a case-by-case basis taking full
account of the individual circumstances of the particular person.
2.5.2 Evidence suggests that forced marriages are more likely to occur in rural
areas so a woman/girl may be able to avoid the risk by relocating to an
urban area where the risk of forced marriage is lower.
2.5.3 However women can face difficulties travelling alone within Iran and can face
official and societal discrimination when doing so in rural areas. Women
often require the supervision of a male guardian or chaperone to travel.
2.5.4 Internal relocation is therefore likely to be unreasonable for many women but
may be reasonable depending on the individual facts on the case. The onus
would be on the person to show that they are unable to internally relocate.
2.5.5 See also country policy and information note on Iran: Background
information, including actors of protection and, internal relocation.
Back to Contents
2.6 Certification
2.6.1 Where a claim is refused it is unlikely to be certifiable as ‘clearly unfounded’.

Page 6 of 22
2.6.2 For further guidance on certification, see Certification of Protection and
Human Rights claims under section 94 of the Nationality, Immigration and
Asylum Act 2002 (clearly unfounded claims).
Back to Contents
3. Policy summary
3.1.1 Arranged/ forced marriages still occur in Iran although these are rare within
the urban areas and more likely to occur in rural areas. In general there is a
very low risk to girls/women being forced to marry someone they haven’t
agreed to.
3.1.2 Where a minor is being forced into a marriage, permission must be sought
from the courts, who can refuse permission if they decide the marriage is not
in the best interests of the child.
3.1.3 In general protection is available but access will depend on the individual
facts of the case.
3.1.4 If a person is at real risk from non state agents in their home area, internal
relocation to a part of the country where they would not be a risk will
normally be unreasonable, but each case must be considered on it facts and
the onus is on the person to show that they would be at risk of being forced
to marry against their will if returned to Iran.
3.1.5 Where a claim is refused, it is unlikely to be certifiable as ‘clearly unfounded’.
Back to Contents

Page 7 of 22
Country information
Updated 12 July 2017
4. Overview of forced marriage
4.1 Definition
4.1.1 The UK’s (joint Home Office and Foreign & Commonwealth Office) Forced
Marriage Unit explained that:
‘A forced marriage is where one or both people do not (or in cases of people
with learning or physical disabilities, cannot) consent to the marriage and
pressure or abuse is used. […] The pressure put on people to marry against
their will can be physical (including threats, actual physical violence and
sexual violence) or emotional and psychological (for example, when
someone is made to feel like they’re bringing shame on their family).
Financial abuse (taking your wages or not giving you any money) can also
be a factor.’1
4.1.2 In the UK, forced marriage is a specific offence under section 121 of the
Anti-Social Behaviour, Crime and Policing Act 2014 and provides for an
offence where a person:
‘(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and
(b) believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.’2
Back to Contents
4.2 Forced vs arranged marriages
4.2.1 Various sources, such as the Global Justice Initiative’s ‘Forced Marriage
FAQs’[7] and the South Asian Legal Clinic of Ontario[8], refer to a series of
steps as to how arranged and forced marriages occur. Arranged marriage
corresponds to situations 1- 4 and forced marriage to situations 5-8.
1. Parents start to think about their child getting married.
2. Parents begin to talk about their child’s marriage, perhaps suggesting or
looking for potential partners.
3. The topic of marriage is freely discussed, resulting in a mutual acceptance
or rejection of ideas or options.

1
Foreign & Commonwealth Office and Home Office,’ Forced Marriage guidance’, last updated 9
March 2017, https://www.gov.uk/guidance/forced-marriage. Date accessed 18 April 2017.
2
Anti-social Behaviour, Crime and Policing Act 2014,
http://www.legislation.gov.uk/ukpga/2014/12/part/10/enacted. Date accessed 18 April 2017.
[7]
Global Justice Initiative, ‘Forced Marriage FAQs’, undated,
https://globaljusticeinitiative.wordpress.com/forced-marriage-2/forced-marriage-faqs/. Date accessed
18 April 2017.
[8]
South Asian Legal Clinic of Ontario, ‘Forced/Non-consensual marriage in Canada’ (slide 9),
undated
http://www.ohchr.org/Documents/Issues/Women/WRGS/ForcedMarriage/NGO/SouthAsiaLegalClinic3
.pptx. Date accessed 18 April 2017.

Page 8 of 22
4. An agreement to marry is made. Whilst the families of those who are
marrying are involved in the process, the final decision lies with those who
are to be married. Arranged marriage takes place.
5. Marriage is discussed, but with no mutual acceptance or rejection of
ideas.
6. There is pressure to marry, which may take the form of emotional
blackmail or appeals to conform to traditional family roles and values.
7. Demands to accept a marriage proposal are accompanied by physical,
mental and/or emotional pressure and violence.
8. The people concerned are manoeuvred into going through the marriage
ceremony against their will. Forced marriage takes place.
Back to Contents

5. Legal context
5.1 Marriage laws
5.1.1 The Iran Human Rights Documentation Centre (IHRDC) report ‘Gender
Inequality and Discrimination: The Case of Iranian Women’, dated 8 March
2013 stated that:
‘Under Islamic Shari’a marriage is not considered as a sacrament but
defined as a civil contract between a man and his wife, patterned by the logic
of a contract of sale. The three elements of an Islamic marriage contract
constitute (1) the offer of marriage made by the woman or her guardian, (2)
the acceptance by the man, and (3) mahr (or mahriyeh i.e. the marriage gift)
which is money or a valuable item that the husband pays or pledges to pay
the wife. The contract makes sexual relations between a man and woman
lawful, and establishes a set of default rights and duties for each party, some
supported by legal force, others by moral sanction.’3
5.1.2 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘Islam views marriage as a contract regulated by rights and responsibilities of
both parties. The man is the head of the family, and the woman lives in the
family under a male guardian (wali). Before marriage, a woman’s guardian
is her father or grandfather, and, after marriage, her guardian is her
husband. […] A woman who is marrying for the first time, and who is
assumed to be a virgin, cannot choose her spouse freely but needs
permission from her guardian. In special circumstances, a court can give a
woman permission to marry if her father does not have a just reason to

3
Iran Human Rights Documentation Centre, ‘Gender Inequality and Discrimination: The Case of
Iranian Women’, 8 March 2013, http://iranhrdc.org/english/publications/legal-
commentary/1000000261-gender-inequality-and-discrimination-the-case-of-iranian-women.html#9.

Page 9 of 22
object to the marriage. This applies to both permanent and temporary
marriages.’4
5.1.3 The Center for Human Rights in Iran noted that: ‘Iranian law does not
recognize relationships outside of registered marriages, and considers them
to be “illegitimate” criminal acts. A prosecutor can summon unmarried
couples to court and they can be punished based on Article 637 of Iran’s
Islamic Criminal Code.’5
5.1.4 The US State Department’s, Country Report on Human Rights Practices
2016, released on 3 March 2017 stated that:
‘The law permits a man to have as many as four wives and an unlimited
number of “sigheh” (temporary wives), based on a Shia custom under which
couples can enter into a limited time civil and religious contract, which
outlines the union’s conditions. The law does not grant temporary wives and
any resulting children rights associated with traditional marriage, but the
contract is enforceable, and recognized children can obtain documentation
and have limited rights.
‘Women may not transmit citizenship to their children or to a noncitizen
spouse. The government does not recognize marriages between Muslim
women and non-Muslim men, irrespective of their citizenship.’6
Back to Contents
5.2 Minimum age for marriage
5.2.1 IHRDC’s report ‘Gender Inequality and Discrimination: The Case of Iranian
Women’, dated 8 March 2013 noted that:
‘Article 1041 of the Civil Code, which set a minimum age for marriage at 15
years old for girls and 18 years old for boys, was amended in l982 to prohibit
marriage prior to the age of puberty under Shari’a, i.e. 9 lunar years (8 years
and 9 months) for girls and 15 lunar years (14 years and 7 months) for boys.
In addition, the amended law gave the right to the natural guardian (vali) to
marry at his own discretion for and on behalf of the child even before the age
of puberty.
‘Article 1041 (22/6/2002), which is still in force, provides: “Marriage of girls
before reaching the age of 13 full solar years and boys before reaching the
age of 15 full solar years is subject to the permission of the Guardian and on
condition of taking the child’s best interest into consideration and approval of
the relevant court.”

4
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2016.
5
Center for Human Rights in Iran, ‘Officials Seek to Confront Iran’s Increasingly Popular “White
Marriages”’, 6 June 2016, https://www.iranhumanrights.org/2016/06/white-marriage-2/. Date accessed
3 April 2017.
6
US Department of State,’ Country Report on Human Rights Practices, Iran for 2016’, 3 March 2017,
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265496. Date
accessed 20 March 2017.

Page 10 of 22
‘The violation of this article has criminal consequences as well. Article 646 of
the former Penal Code provides: “Marriage before puberty without the
permission of the guardian is forbidden. If a man violates Article 1041 of the
Civil Code and marries a girl before she reaches the age of puberty, he shall
be sentenced to six months to two years’ ta’zir imprisonment.”7
5.2.2 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘There is no consensus on the lowest acceptable age for marrying in Iran.
The lowest legal marriageable age was dropped from 15 to 13 years for girls
and from 18 to 15 years for boys soon after the Islamic Revolution. The Civil
Code nevertheless permits marrying off younger children with the guardian’s
consent and a court’s permission. The Islamic law underlying Iran’s codified
legislation considers a child ready for marriage once he or she reaches
puberty: the age of maturity is therefore eight years and nine months (9 lunar
years) for girls and 14 years and seven months (15 lunar years) for boys.
The Civil Code nevertheless permits marriages of even young children.
Women, who are assumed to be virgins at this time, cannot enter into their
first marriage without their legal guardian’s consent, regardless of their age.
Courts can nevertheless grant them permission to marry if the guardian does
not have a valid reason for objecting to the marriage. The question of a
child’s maturity for marriage purposes is settled by Marriage Register
Offices. According to the Adoption Act of 2013, a marriage between an
adoptive father and his adopted daughter is legal, provided that a court of
law and social services consider it in the child’s best interests.’8

Back to Contents
5.3 Divorce
5.3.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘A man can get a divorce (talaq) whenever he wants, as long as he pays the
agreed dower (mahriye) if his wife requests this. There is a compulsory
three-month reconsideration period (’edde) during which the husband must
still support his wife. If a man refuses to give his wife a divorce, the wife can
ask a court to order a so-called khul’ divorce. Although the law does not
provide an automatic right of divorce for women, women can nevertheless
ask for a divorce clause to be added to the marriage contract at the time of

7
Iran Human Rights Documentation Centre, ‘Gender Inequality and Discrimination: The Case of
Iranian Women’, 8 March 2013, http://iranhrdc.org/english/publications/legal-
commentary/1000000261-gender-inequality-and-discrimination-the-case-of-iranian-women.html#9.
Date accessed 22 March 2017.
8
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2016.

Page 11 of 22
the marriage, which gives them as much of a right to a divorce as their
husbands.’
‘A new provision was added to the Iranian Civil Code in 1982 that gives
women the right to ask for a divorce on the grounds of unbearable
circumstances (’osr va haraj). In these cases, the wife must convince the
court that continuing the marriage would cause unreasonable harm (’osr)
and difficulty (haraj). In practice, divorce can only be granted in these
circumstances for a very weighty reason, such as danger of death or serious
financial problems. Courts often send women who are seeking divorce back
to their violent and abusive husbands. Men, on the other hand, do not need
a reason for divorce. All the husband has to do is to go to his local Register
Office and register the divorce in the presence of two witnesses.’
‘The Iranian state considers it its duty to protect families and frowns upon
divorce. On the whole, Shia philosophy of law restricts the man’s unilateral
right for divorce more than its Sunni equivalent. Before a divorce can be
granted, couples are referred to mediation in the hope that their differences
can be reconciled. Divorce cases in Iranian courts are often lengthy and
acrimonious. Divorce is also seen as shameful, and traditional communities
avoid it at all costs. Divorced women generally become dependent on their
own family, and the father’s support and approval is often what decides
whether a woman goes ahead with a divorce. In the eyes of the law,
however, women who are divorced or widowed have the most autonomous
status of all.’
‘One survey found that 62% of divorces take place in traditional, arranged
marriages. Divorce rates have increased considerably especially in Tehran
and other major cities, but women are still stigmatized by divorce. Being
single is also still viewed as a negative. Statistics show that more than half of
all divorces (60%) are due to impotence or other sexual problems. Other
common reasons for divorce include financial problems, unemployment and
drug addiction. Most divorces take place during the first two years of
marriage and are initiated by women. The average age of divorce is 36 for
men and 32 for women. A total of 12% of divorced women in Iran are under
20 years old.’9
5.3.2 The US State Department’s, Country Report on Human Rights Practices
2016, released on 3 March 2017 stated that:
‘A woman has the right to divorce if her husband signs a contract granting
that right, cannot provide for his family, has violated the terms of their
original marriage contract, or is a drug addict, insane, or impotent. A
husband is not required to cite a reason for divorcing his wife. Traditional
interpretations of Islamic law recognize a divorced woman’s right to part of
shared property and to alimony. These laws were not always enforced, and
the ability of a woman to seek divorce was limited. According to ISNA if a

9
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2016.

Page 12 of 22
personal maintenance allowance is not paid, the wife may “reject all legal
and religious obligations” to her husband. By law such an allowance may be
requested during the marriage as well as after a divorce, and if it is not paid,
the woman may sue her former husband in court.’10
Back to Contents
6. Societal attitudes
6.1 Cultural background
6.1.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘Forced marriages take place not just among the poor and conservative
population in the countryside but also more extensively in different kinds of
families and among different social classes. […] Schools, teachers and
others who work with children cannot intervene in forced marriages. Married
girls are also not allowed to attend the same schools as unmarried girls and
instead have to take evening classes with adults if they wish to continue their
education.’11
6.1.2 Asia House’s article ‘A sexual awakening in Iran, freedom in India, but a step
back in Turkey’ dated 19 May 2016 that:
‘There are some arranged marriages but there is rarely pressure to marry
someone you don’t want to marry in the cities. Both sides have to agree to
the marriage so it’s normally an introduction by family and they agree on the
woman’s pre-nup of gold coins to protect her in the case of divorce. […]
there were lots of child marriages in Iran outside Tehran and arranged
marriages were more common in rural areas where there was more pressure
to marry whoever your parents tell you to.’12
6.1.3 Iran Wire’s report from 11 July 2016 titled ‘Underage marriage in Iran’ noted
that a:
‘Government figures and research published by the Iran Student
Correspondents Association news agency (Iscanews) in 2015 said there are
more than 41,000 registered marriages among underage children in Iran,
and agreed with the UN officials who claimed the figure could be set to rise.
Poverty and dire inequality were said to be key factors.’
‘… 2015 report published by the Iranian government revealed that girls are
being forced to leave their family homes to escape pressures to enter into

10
US Department of State, ‘Country Report on Human Rights Practices for 2016, Iran’, 3 March 2017,
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265496. Date
accessed 20 March 2017.
11
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2017.
12
Asia House, ‘A sexual awakening in Iran, freedom in India, but a step back in Turkey’, 19 May
2016, http://asiahousearts.org/sexual-awakening-iran-freedom-india-step-back-turkey/. Date
accessed 3 April 2017.

Page 13 of 22
underage marriages, sexual abuse, and unstable environments due to drug
addiction.
‘Experts have warned that girls who married at the age of 15 and younger
were at risk of “grave physical and psychological” damage. At such a young
age, girls’ bodies were often not fully developed, making sexual intercourse
and pregnancy dangerous.
‘Taboos around talking about sexual abuse means girls often face pressure
to keep silent about what they have been through. The recent report’s
findings suggest that sexual abuse is on the rise, but also suggests that
more girls are speaking out on the issue, and leaving family homes because
of it.’13
6.1.4 In December 2016 Iran Focus published an article titled ‘Children between
12 and 15 Forced into Marriage’. They noted that:
‘The main cause of child marriage is poverty and unemployment in Iran. As
some officials stated, the rate of unemployment in some disadvantaged
cities and provinces reaches 30 to 40 percent.
‘The Director of the Imam Ali organization, Zahra Rahimi wrote, “in most of
these marriages, the family of a girl trades their daughter in exchange for a
house. As the news come through, a 10-year-old girl has married to a 60-
year-old man in Sistan and Baluchestan Province. In this marriage, the girl
does not expect to be loved but she has only made a deal with the man to
receive money.” She added, “in marginalized families, as the children start a
married life, they intend to have children in order to prepare them for
work.”’14
6.1.5 Radio Free Europe, Radio Liberty noted that: ‘Tehran-based sociologist
Mostafa Eghlima believes a lack of social progress and the traditional rural
fabric of the country contributes to the high number of child marriages in
Iran.’15
Back to Contents
6.2 Prevalence of underage marriages
6.2.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘According to statistics compiled by UNICEF, 3% of Iranian children marry by
the age of 15 and 17% marry by the age of 18. A total of 5% of girls give
birth to their first child before they are 18 years old. A total of 276 000
underage girls marry and 109 000 teenage girls give birth every year. The

13
Iran Wire, ‘Underage Marriage in Iran’, 11 July 2016 https://iranwire.com/en/features/1900. Date
accessed 20 March 2017.
14
Iran Focus, ‘Iran: Children between 12 and 15 Forced into Marriage’, 22 December 2016
http://www.iranfocus.com/en/index.php?option=com_content&view=article&id=31090:iran-children-
between-12-and-15-forced-into-marriage&catid=6:women&Itemid=111. Date accessed 20 March
2017.
15
Radio Free Europe, Radio Liberty, ‘Childhood’s End: Forced into marriage at age 10 in Iran’, 17
November 2016 http://www.rferl.org/a/iran-child-marraige/28123820.html. Date accessed 20 March
2017.

Page 14 of 22
actual number of child marriages is nevertheless difficult to estimate, as
official population statistics are suspected of being incomplete in this
respect. Moreover, the obligation to register a child marriage can be
circumvented by first entering into a temporary marriage, which does not
need to be registered, and then converting it into a permanent marriage once
the girl reaches the legal age of maturity.’
‘Iran’s population register statistics show the number of marriages involving
minors registered each year. According to the statistics, 350 marriages of
girls under the age of 10, 40 000 marriages of girls aged between 10 and 14,
and 285 000 marriages or girls aged between 15 and 19 take place on
average per year. Child marriages involving boys are less common: on
average, fewer than 1 000 boys marry before the age of 15 and fewer than
50 000 marry at an age of 15-19 years. According to the Justice for Iran
organisation, the number of registered child marriages has been rising
consistently over the past five years, reaching a record high in the last
couple of years. Based on the latest population register statistics (March
2013-March 2014), marriages of girls under the age of 10 numbered 201 and
marriages of girls aged between 10 and 14 numbered 41 000, accounting for
5.44% of all marriages in Iran. Almost 235 000 marriages of girls aged
between 15 and 19 were also registered during the same period of time. A
total of 313 marriages of boys under the age of 15 and 36 155 marriages of
boys aged between 15 and 19 were registered in 2013-2014.’16
6.2.2 With regards to the areas of Iran where forced marriage is most likely, the
Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015, based on a range of sources, stated that:
‘According to Iran’s Population Register Centre, child marriages are
especially common in the rural areas of Isfahan and Sistan and Baluchestan.
Child marriages are usually motivated by financial problems and cultural
reasons. Children from single-parent families, families with drug problems
and illiterate families are the most likely to end up being married young.
Child marriages are part of the traditional local culture in Sistan and
Baluchestan, Bushehr, Lorestan and Khuzestan. No population register
statistics are available on child marriages in Kermanshah, North Khorasan,
Sistan and Baluchestan, Chaharmahal and Bakhtiari, Kerman, Bushehr,
Gilan and Kurdistan, where there are shortcomings in registering marriages.
Child marriages are nevertheless known to be most common in the country’s
conservative regions, especially Sistan and Baluchestan, Kurdistan,
Khuzestan and Khorasan. In Sistan and Baluchestan, it is common for girls
to be married off before the age of 12. Of the provinces on which population
register data are available, marriages of girls aged between 10 and 14 are
most common in the following regions: Khorasan-e Razavi (7 635 per year),
East Azerbaijan (4 485), Khorasan (2 165), Fars (2 062), Tehran (2 051) and

16
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2016.

Page 15 of 22
Hamadan (1 966). The Justice for Iran organization has reported that an
exceptionally high number of marriages of girls under the age of 10 take
place in Ardabil, which, according to the organization, is due to the city’s
authorities’ routine sanctioning of child marriages.’17
6.2.3 Radio Free Europe, Radio Liberty noted in November 2016 that: ‘The
National Organization for Civil Registration statistics registered 37,000
underage marriages in the Islamic republic in the last Iranian year, which
ended in March [2015].’18
6.2.4 In its December 2016 article Iran Focus noted that:
‘12 to 13 thousand children get married unofficially without registering,
according to a member of the Judicial and Legal Commission of the Iranian
Parliament. Also, in many cases, the actual age of girls is not correctly
recorded — they are registered older than their actual age. […] “currently 43
thousand of those children that get married are aged 10 to 15 and 2
thousand of them are separated or divorced from their spouses.
‘Iran’s 2011 national census recorded 11,289 married girls under the age of
18 had at least one child before their 15th birthdays. According to the
newspaper Shahrvand, there were more than 40,000 registered marriages
for girls under the age of 15 in 2014. The number may be higher because
NGOs reported that many families did not register underage marriages.
Local media reported on a mass marriage ceremony of 50 high school
students in Parsian in February where the local governor congratulated the
families with gifts.’19
6.2.5 UNICEF’s state of the child report for 2015 estimates 3 percent of girls are
married before the age of 15 and 17 percent before the age of 18.20
6.2.6 In March 2016, the UN condemned Iran for its record on underage
marriage.21 The UN Committee on the Rights of the Child said in Iran, girls
10 years old or younger were being forced into marriage with much older
men. It also warned that the number of underage marriages were on the rise
and called for the age of sexual consent to be increased to 16 from nine.22

17
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 20
March 2016.
18
Radio Free Europe, Radio Liberty, ‘Childhood’s End: Forced Into Marriage At Age 10 In Iran’, 17
November 2016 http://www.rferl.org/a/iran-child-marraige/28123820.html. Date accessed 20 March
2017.
19
US Department of State, ‘Country Report on Human Rights Practices for 2016, Iran’, 3 March 2017,
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265496. Date
accessed 20 March 2017.
20
UNICEF, ‘The State of the World’s Children 2015’, pg 86, November 2014
https://www.unicef.org/publications/files/SOWC_2015_Summary_and_Tables.pdf. Date accessed 28
March 2017.
21
UN Committee on the Rights of the Child, Concluding observations on the combined third and
fourth periodic reports of the Islamic Republic of Iran, 14 March 2016,
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fIRN
%2fCO%2f3-4&Lang=en, date accessed 2 June 2017
22
UN Committee on the Rights of the Child, Concluding observations on the combined third and

Page 16 of 22
6.2.7 The Special Rapporteur reported that ‘In June [2016], a spokesperson for
the Tehran-based Association to Protect the Rights of Children stated that
child marriages had reached alarming levels and stressed that approximately
17 percent of all marriages in the country involve girls married with old
men.’23
6.2.8 The US State Department’s, Country Report on Human Rights Practices
2016, released on 3 March 2017 stated that:
‘According to the newspaper Shahrvand, there were more than 40,000
registered marriages for girls under the age of 15 in 2014. The number may
be higher because NGOs reported that many families did not register
underage marriages.’ 24
Back to Contents
7. State treatment
7.1 Legislation
7.1.1 IHRDC’s report on ‘Gender Inequality and Discrimination: The Case of
Iranian Women’ dated 8 March 2013 noted that:
‘In 2002, a number of legislative initiatives seeking to bring Iranian laws into
greater conformity with human rights standards were either proposed or
passed. Several articles of the Civil Code were among those targeted for
revision. Although the conservative Guardian Council opposed the changes,
the Expediency Council, a constitutional body that, inter alia, mediates
between the Parliament and the Guardian Council, made the changes
happen. Hence, when the majority-reformist Parliament passed legislation
that increased the age of marriage for girls from 9 to 15 years of age, the
Guardian Council rejected the resolution on the grounds that it contravened
Islamic law. However, after the MPs maintained their opinion and refused to
accept the decision of the Guardian Council, the Bill was sent to the
Expediency Council and the Council decided to increase the age of marriage
for girls to 13 years of age. It also made the intervention of the court
mandatory for marriages before the minimum age.’25
Back to Contents

fourth periodic reports of the Islamic Republic of Iran, 14 March 2016,


http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fIRN
%2fCO%2f3-4&Lang=en, date accessed 2 June 2017
23
Human Rights Council, ‘Report of the Special Rapporteur on the situation of human rights in the
Islamic Republic of Iran’, 06 March 2017 http://www.refworld.org/country,,,,IRN,,58bd7e2b4,0.html.
Date accessed 20 March 2017.
24
US Department of State, ‘Country Report on Human Rights Practices, Iran’, 3 March 2017,
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265496. Date
accessed 20 March 2017.
25
Iran Human Rights Documentation Centre, ‘Gender Inequality and Discrimination: The Case of
Iranian Women’, 8 March 2013, http://iranhrdc.org/english/publications/legal-
commentary/1000000261-gender-inequality-and-discrimination-the-case-of-iranian-women.html#9.
Date accessed 22 March 2017.

Page 17 of 22
7.2 Protection
7.2.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015 states that:
‘The victims of forced marriages have no legal or social protection. The
authorities return girls who have run away from home to their parents instead
of giving them a place in a shelter.’26
7.2.2 Europe news week’s report ‘U.N condemns Iran for increase in child brides
as young as 10’ dated 2 May 2016 stated that:
‘The U.N. Committee on the Rights of the Child (CRC) said that Tehran must
“repeal all provisions that authorize, condone or lead to child sexual abuse”
and called for the age of sexual consent to be increased from nine years old
to 16. The panel said that Iran “allows sexual intercourse with girls as young
as nine lunar years and that other forms of sexual abuse of even young
children is not criminalized.” The minimum age of marriage in Iran is also
nine years old, according to The Independent.
‘The CRC added that an increasing number of “girls at the age of 10 years or
younger... are subjected to child and forced marriages to much older men”
and criticized a law that makes it necessary for wives “to fulfil sexual needs
of their husbands at all times,” stressing that it “places child brides at risk of
sexual violence, including marital rape.”’27
7.2.3 Amnesty International noted that: ‘Women and girls remained inadequately
protected against sexual and other gender based violence, including early
and forced marriage. The authorities failed to adopt laws criminalizing these
and other abuses, including marital rape and domestic violence, although the
Vice-President on Women and Family Affairs pushed a draft bill that had
been pending since 2012.’28
7.2.4 The US State Department’s, Country Report on Human Rights Practices
2016, released on 3 March 2017 stated that:
‘NGOs reported that many girls committed suicide to escape such marriages
and that there were major shortcomings in the country’s legal system that
“allows sexual intercourse with girls as young as nine lunar years and that
other forms of sexual abuse of even younger children is not criminalized.”
The law requires court approval for the marriage of boys younger than 15
years old.’ 29

26
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 8 May
2017.
27
Europe news week, ‘U.N condemns Iran for increase in child brides as young as 10’, 2 May 2016
http://europe.newsweek.com/un-condemns-iran-increase-child-brides-young-10-423435?rm=eu. Date
accessed 20 March 2017.
28
Amnesty International, ‘Amnesty International report 2016/17’, 22 February 2017,
https://www.amnesty.org/en/countries/middle-east-and-north-africa/iran/report-iran/. Date accessed
20 March 2017.
29
US Department of State, ‘Country Report on Human Rights Practices, Iran’, 3 March 2017,

Page 18 of 22
Back to Contents
7.3 Avenues of redress
7.3.1 Iran Wire’s report from 11 July 2016 titled ‘Underage marriage in Iran’ noted
that:
‘By law, […] a girl can object to the marriage, and prevent it. But since girls
under the age of 13 are normally dominated by the wishes and decisions of
their fathers, and cannot realistically object, the only hope of preventing such
marriages is through the courts. The court can refuse permission if it deems
the marriage to be against the interests of the girl, as stipulated by Article
1041 of the Civil Code.’30
7.3.2 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015 states that:
‘The state can grant legal aid to individuals who can prove that they are
financially unable to pay for their own court fees. Legal aid is available from,
for example, the Iranian Bar Association (Kanun-e Vokala). Children under
the age of 15 cannot file law suits themselves and must instead be
represented by their legal guardian (father or grandfather). Children who
suffer violence from their fathers therefore have no legal redress in
practice.’31
7.3.3 For further information on the Judiciary see Iran: Background information,
including actors of protection and internal relocation
Back to Contents

8. State and non state support groups and shelters


8.1.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015 states that:
‘Women who have lived in shelters are stigmatised, and shelters are not
considered a good solution to families’ problems, as, according to one
shelter worker, “if a woman cannot adapt to family life, she will also not be
able to adapt living in society”.’32

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265496. Date
accessed 20 March 2017.
30
Iran Wire, ‘Underage Marriage in Iran’, 11 July 2016 https://iranwire.com/en/features/1900. Date
accessed 20 March 2017.
31
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 8 May
2017.
32
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,

Page 19 of 22
8.2 State support groups
8.2.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015 states that:
‘Iran has shelters run by both the state and non-governmental organisations.
According to the UN, there are nevertheless not enough shelters and they do
not provide long-term support through employment and housing for women
trapped in abusive situations. The Iranian State Welfare Organisation
(Sazman-e Behzisti) has maintained a network of approximately 30 ‘health
houses’ for unmarried girls who have run away from home since the
beginning of the 21st century. These institutions provide temporary housing,
professional counselling and skills development for runaway girls. However,
reports indicate that girls have also been sexually abused by the authorities
in at least one of these institutions. In any case, the shelters built on the
initiative of the Cabinet of the reformist President Khatami have been said to
be a failure, as they are not widely used or run properly.’33
Back to Contents
8.3 NGO’s
8.3.1 The Suuntaus project report compiled by the Finnish Immigration Service on
‘Violence against women and honour- related violence in Iran’ dated 26 June
2015 states that:
‘Non-governmental organisations have played a major role in running
shelters in Iran. However, these shelters are mostly designed for prostitutes
and female drug addicts living on the streets. One example of a non-
governmental organisation that promotes the rights of children is Iran’s
Association of Children’s Rights (Anjoman-e Hemayat az Hoquq-e
Kudakan), which runs a few shelters for homeless and ill-treated children
and teenagers. However, these shelters are not able to accommodate all
those in need.’34
8.3.2 The OMID Foundation was set up to help young women in Iran who are
victims of sexual, physical or mental abuse. The OMID foundation webpage
states that they started with:

http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 8 May
2017.
33
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 8 May
2017.
34
Suuntaus Project, Finnish Immigration Service- Country Information Service, ‘Violence against
women and honour-related violence in Iran’, 26 June 2015,
http://www.migri.fi/download/61597_Suuntaus-
raportti_VakivaltaIran_finalFINAL_kaannosversio_EN.pdf?96fa691925bfd288. Date accessed 8 May
2017.

Page 20 of 22
‘[...] a small group of 15 women, OMID now caters to more than 200 women
at any one time. OMID centers take the best teachers and psychologists in
Tehran to provide therapy and education for over 200 girls at any one time.
Close to 200 young women are enrolled in the three-year OMID program
during the day time. After classes they return home. For those who have run
away from abusive families or been abandoned, home is the OMID shelter, a
local authority home or by themselves.35
Back to Contents

35
OMID Foundation, ‘About us’, undated http://www.omidfoundation.com/index.php/about-us/. Date
accessed 8 May 2017.

Page 21 of 22
Version control and contacts
Contacts
If you have any questions about this note and your line manager, senior caseworker
or technical specialist cannot help you, or you think that this note has factual errors
then email the Country Policy and Information Team.
If you notice any formatting errors in this note (broken links, spelling mistakes and so
on) or have any comments about the layout or navigability, you can email the
Guidance, Rules and Forms Team.

Clearance
Below is information on when this note was cleared:
 version 1.0
 valid from 12 July 2017

Changes from last version of this note


New CPIN on this subject.
Back to Contents

Page 22 of 22

You might also like