(Beirut) - Iranian authorities have added new restrictions and imposed draconian new punishments for people violating the country's compulsory dress laws, Human Rights Watch said today.
The "Protection of the Family through Promoting the Culture of Hijab and Chastity" law, approved by parliament on September 20, 2023, was approved by the Guardian Council, the legal body that has final approval over Iran's laws, in September 2024 and will soon come into force. It consolidates many measures already in place to enforce compulsory hijab and imposes additional severe penalties, such as fines and longer prison sentences, as well as restrictions on employment and educational opportunities for violators.
"Rather than responding to the Woman, Life, Freedom movement with fundamental reforms, the autocratic government is trying to silence women with even more repressive dress laws," said Nahid Naghshbandi, acting Iran researcher at Human Rights Watch. "This law will only breed fierce resistance and defiance among women in and outside Iran."
The new law consists of 71 articles that not only strengthen the government's control over women's lives but also threaten businesses and institutions that fail to enforce these discriminatory measures with fines or closure. These legal articles also drastically increase penalties for activism against compulsory hijab (article 36), including long-term imprisonment. The law specifically directs and expands the authority of the Intelligence Ministry, Islamic Revolutionary Guard Corps (article 24), police (article 28), and judiciary (article 29) to identify and prosecute violations.
Deceased former president Ebrahim Raeesi submitted the draft bill to parliament on May 21, 2023. On September 12, 2023, the parliament's Judicial and Legal Commission approved the amendments to the law in accordance with article 85 of Iran's Constitution. After the Guardian Council's approval, the Hijab and Chastity law will be implemented for a trial period of three years, as specified by Iran's parliament.
The Hijab and Chastity law defines different forms of "improper" hijab, with varying penalties depending on the type of "improper" hijab people are accused of wearing. For example, article 47 addresses individuals accused of dressing "immodestly" (bad poosheshi). For women and girls, this is defined as wearing tight clothes or clothing that exposes any part of the body below the neck, above the ankles, or above the forearms. For men, it refers to wearing tight clothing that exposes any part of the body below the chest and above the knees or sleeveless shirts that expose the shoulders.
Anyone appearing in public spaces, including virtual spaces, with such attire can face a fine from 20 million Iranian rials (approximately US$31) to 500 million rials ($790) depending on the frequency of the violation. If the violation is repeated more than four times, the penalties escalate to include a fine of up to one billion 500 million rials ($2,380), a travel ban of up to two years, prohibition from online activities up to two years, and up to five years in prison.
Article 48 of the Hijab and Chastity law addresses the punishment for individuals who appear in public places in a state of nudity (berahnegi), semi-nudity (nime-berahnegi), or wearing attire that is "socially considered" equivalent to nudity. The penalty for such offenses includes up to 10 years in prison or a fine of up to one billion 500 million rials ($2,380), and in cases of repeated violations, the punishment can escalate to imprisonment and up to 15 years and 800 million rials ($4,445). Under article 36, anyone who promotes a culture of nudity, immodesty, and unveiling in collaboration with foreign entities can be sentenced to 5 to 10 years in prison.
Article 49 states that any woman or girl who appears in public, whether in physical or virtual spaces, without properly wearing the hijab (kashf-e hijab), such that her head is uncovered, will be subject to a fine from 15 million rials ($24) to 500 million rials ($790), depending on the frequency of the violation. If the violation is repeated more than four times, the penalties escalate to up to one billion 500 million rials ($2,380), a travel ban of up to two years, prohibition from online activities up to two years, and up to five years in prison.
The law extends its reach into digital spaces by penalizing behaviors that promote violations of hijab regulations online. Those who share content promoting nudity or mocking the hijab face fines and restrictions on internet activity (article 37). Social media platforms are required to monitor and remove such content within 12 hours (article 42). Influencers or public figures who participate in or endorse these actions will face even harsher penalties, such as fines of up to five percent of their total assets, as well as being banned from leaving Iran and participating in professional activities (article 41). Business owners can also be held accountable if they promote content that contradicts state-mandated Islamic values (article 39).
Under article 28, the Law Enforcement Command of the Islamic Republic of Iran is obliged to use technology systems, such as traffic monitoring cameras and artificial intelligence, to identify potential offenders. Law enforcement agencies must deploy online monitoring systems for violations of against social norms and for normalization of so-called "indecent behavior," and report offenders to the judiciary.
It is important to highlight that the Iranian parliament made an exception to the usual norm that only the full parliament can draft and pass laws. Parliament voted to allow the Judicial and Legal Commission, a smaller group within parliament, to draft the law. With this delegation of authority, a smaller group can limit open discussion and may not reflect the views of all elected representatives. Such delegation is usually allowed only in "urgent situations."
The approval of this law comes despite President Masoud Pezeshkian's public and consistent opposition to the strict enforcement of the mandatory hijab during his campaign. However, under Iranian law, the president is obligated to carry out parliament's resolutions. If President Pezeshkian refrains from signing or issuing the resolution within the required time frame, Iran's official gazette, under the instruction of the parliamentary speaker, must publish the law within 72 hours. Nevertheless, President Pezeshkian should still refuse to sign the law and take all measures possible to minimize the harm of its enforcement, Human Rights Watch said.
"The international community should demand that Iran stop its implementation of the new Hijab and Chastity law and instead ensure that women and girls no longer face discrimination and abuses for their choice of dress," Naghshbandi said.
