IBAHRI Condemns Iran's 'Chastity Law,' Urges Sanctions

IBAHRI

Mohammad Bagher Ghalibaf, the Speaker of Majlis (Iran's Parliament), announced in a press conference, on 27 November 2024, that the Majlis-approved 'Chastity and Hijab' law would be implemented starting 13 December 2024. The International Bar Association's Human Rights Institute (IBAHRI) condemns the passing of this law in Iran and calls for sanctions against the Iranian Revolutionary Guard leadership, and the ministers responsible, who enforce these laws so brutally.

The law mandates strict dress codes and introduces severe financial and social penalties for those who do not adhere to prescribed clothing standards. This is a significant escalation of existing restrictions on personal freedoms for women. Since the 1979 Islamic Revolution, women in Iran have been required to cover their hair in public by order of Ayatollah Khomeini. This move comes amid growing defiance after the killing of Mahsa Amini, which sparked widespread protests, largely led by women, calling for political change. Increasing numbers of women have chosen not to wear hijabs. Amini's demise also inspired the 'Women, Life, Freedom' movement, which challenged authorities' enforcement of the hijab mandate.

The law's text - divided into five chapters - establishes a complex system of fines and restrictions targeting what it defines as improper dress for both men and women. Under Article 49, individuals violating dress codes will face escalating financial penalties. Those unable to pay these fines will encounter significant service restrictions, including impediments to passport renewal, vehicle registration, obtaining exit permits, releasing impounded vehicles, and acquiring or renewing driving licences. Additionally, the law assigns enforcement responsibilities on an array of governmental institutions: the Ministry of Culture and Islamic Guidance; Islamic Republic of Iran Broadcasting; the Ministry of Science, Research, and Technology; the police force and Basij militia; and local municipalities and village heads. These institutions are being exploited to suppress protests and prevent the spread of dissent among women and broader society.

Women who disobey this law will not be the only ones affected. Business owners, government workers and anybody else who opposes the regime's enforcement actions will also face penalties. Furthermore, failure to report or take action against those who oppose the mandatory hijab law can result in fines equal to two to six months' worth of business income, five to six years of public service suspension, or other severe financial penalties. In addition, the broad, ambiguous wording of the law, which allows for arbitrary and severe punishment for those thought to be encouraging 'corruption' through non-compliance, is another issue that worries the IBAHRI.

The law encourages a culture of surveillance, censorship and condemnation, as citizens are required to monitor and report women's compliance with the hijab mandate. Fines are imposed on those who refuse to provide CCTV footage of women opposing the hijab; taxi drivers are required to report female passengers who defy the mandatory rules; and media outlets that promote individual freedom of expression will be banned.

In the first quarter of 2024, the IBAHRI conducted an ad hoc Parliamentary Inquiry into Gender Apartheid in Afghanistan and Iran . The IBAHRI is gravely concerned that this law consolidates the conclusions of the inquiry - that a system of institutionalised gender apartheid exists in Iran. The regime of systematic oppression in Iran can be characterised as state-sanctioned control imposed on all women and girls based solely on their gender. Mandatory hijabs, enforced through the criminalisation of defiance and disobedience, act as a mechanism to maintain this regime. The 'Chastity and Hijab' law is a violation of principles under the Universal Declaration of Human Rights , as well as the International Covenant on Civil and Political Rights , ratified by Iran in 1975.

The 'Chastity and Hijab' law underscores the Iranian regime's ongoing efforts to control personal freedoms and enforce rigid societal norms. It is a draconian measure, a blatant assault on the fundamental rights of women, a brutal manifestation of gender apartheid, and a criminalisation of women's autonomy. It is not merely a matter of dress codes - it is a state-sponsored system of violence and domination, systematically stripping women of their dignity, freedom and right to live as equals in their own country. This is the height of authoritarian control and the erosion of fundamental human rights.

IBAHRI Director Baroness Helena Kennedy LT KC commented: 'It is critical that governments and civil society organisations take a leading role in holding Iran accountable and defending the rights of Iranian women who continue to fight for their freedom and dignity. The IBAHRI calls on states to enforce sanctions on Iranian leadership to secure the withdrawal of this legislation. In a system that already severely restricts women's freedoms, this law represents a terrifying escalation of state-sanctioned gender discrimination.'

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