Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iran (Islamic Republic of) (Ratification: 1964)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 27 September 2023 and 17 September 2024. These observations allege discrimination on the grounds of sex and political opinion, the violent repression of protesters and women’s rights activists and the systematic state repression of dissident opinion. The Committee notes the Government’s reply thereto.

Article 1(1)(a) and (3) of the Convention. Protection against discrimination in employment and occupation. Legislation. Grounds and scope of application. In its report, the Government stresses again that: (1) discrimination is prohibited under the Constitutional Law (sections 43(4), 2(6), 19, 20 and 28) and national legislation, including under section 6 of the Labour Law, which, among others, ensures equal rights for all Iranians, regardless of gender, in freely chosen employment as long as it aligns with Islam and public interests; and (2) that legal protections against discrimination are provided to all workers, and equal treatment for Iranian and non-Iranian workers is outlined in the Labour Procedure Code and Labour Law, in particular under section 157. In that regard, the Committee wishes to recall that section 6 of the Labour Law does not explicitly include religion, political opinion and social origin as prohibited grounds of discrimination, nor cover all aspects of employment and occupation, including recruitment. The Committee requests the Government to provide information on measures taken or envisaged to ensure comprehensive protection in law and practice for all workers against direct and indirect discrimination based on all the grounds listed in Article 1(1)(a) of the Convention, in particular protection against discrimination based on religion, political opinion and social origin, encompassing all aspects of employment and occupation, such as access to vocational training and education. The Committee also requests the Government to provide details regarding specific actions implemented in this regard and their outcomes.

Discrimination based on sex. Legislation. In its observations, the ITUC expresses concern about the increasing influence of the “morality police” and their enforcement of the mandatory hijab law to harass women and prevent their access to education. In this regard, it notes that a “Bill to Support the Family by Promoting the Culture of Chastity and Hijab” (Chastity and Hijab bill) was submitted to Parliament by the Government and the judiciary on 21 May 2023. The new draft law, still under review in the Parliament, seeks to impose a series of new punishments on women and girls who fail to wear the headscarf (hijab). By using terms such as “nudity, lack of chastity, lack of hijab, bad dressing and acts against public decency leading to disturbance of peace”, the draft law seeks to authorize public institutions to deny essential services and opportunities to women and girls who fail to comply with compulsory veiling. Directors and managers of organizations who fail to implement the law could also be punished. Since it was tabled for discussion, the bill was amended several times, with the latest draft significantly increasing the number of punishments for non-compliance. On 13 August 2023, Parliament voted in favour of invoking article 85 of the Constitution which allows a parliamentary committee to review legislation without public debate. The ITUC submits that the draft law is inherently discriminatory and blatantly violates fundamental rights, including the right to take part in cultural life, the prohibition of gender discrimination, freedom of opinion and expression, the right to peaceful protest and assembly, and the right to access social, educational, and health services, and freedom of movement. The use of “public morals” to deny women and girls their freedom of expression is deeply disempowering and will entrench and expand gender discrimination and marginalization. The ITUC is deeply concerned about this draft law which will have the effect of perpetrating the systematic discrimination and suppression of women and girls. In this context it draws attention to the fact that in December 2022, the 54-member UN Economic and Social Council (ECOSOC) adopted a resolution to remove Iran from the Commission on the Status of Women (CSW) for the remainder of its four-year term ending in 2026 and call on the government: (1) to cease immediately its repression of women and girls and to put an end to gender persecution, both in law and in practice; and (2) to reconsider the compulsory hijab legislation in compliance with international human rights law, and to ensure the full enjoyment of human rights for all women and girls in the country. Noting that the Government’s reply to the ITUC’s observations is silent on this point, the Committee urges the Government to: (i) indicate the status of this Bill; and (ii) ensure that the drafting of the new Bill is in compliance with the rights and provisions set out in the Convention. Please provide a copy of the Act finally adopted.

Sexual harassment. The Government states that workplace violence and sexual harassment are taken seriously and considered to be criminal acts. Governmental and semi-governmental organizations specifically investigate unethical behaviours, and perpetrators are severely dealt with. Punishments include permanent or temporary dismissal, fines, etc. The Government refers to the protection provided to men and women against violence under the Islamic Penal Code, the Criminal Procedure Law, and the Civil Liability Law. It reports that measures have been proposed to support women’s employment and ensure their dignity and security against violence in the “Protection, Dignity and Security of Women against Violence” Bill, which was passed in 2023 but was returned to the Social Committee of Parliament for further review. The Bill aims to provide measures for prevention, control, and decrease of behaviours or omissions and failures against women. Additionally, national plans have been approved to address violence against women, promote health and well-being, and improve communication skills among family members to protect women’s dignity. The Committee notes the measures taken by the Government to control and reduce violence, which include various initiatives such as producing short films on social harms, holding training courses, improving urban spaces, and conducting workshops for children and teenagers. The Committee requests the Government: (i) to include clear legal provisions in the Labour Code to prevent and address all forms of sexual harassment against female and male workers, not only by a person in a position of authority but also by a colleague or a person with whom workers have contact as part of their job, including victimization safeguards, complaint mechanisms, sanctions, and remedies; (ii) to provide updated information on the progress made regarding the adoption of the Protection, Dignity and Security of Women against Violence Bill; and (iii) to report on specific measures taken to prevent sexual harassment at work, including through awareness campaigns in both public and private sectors.

Articles 1(1)(a) and 4. Discrimination based on sex, political opinion and activities prejudicial to the security of the State. The ITUC expresses deep concern about the intensification of repressive measures targeting women’s rights defenders, following the extrajudicial death of Mahsa Amini by the Gasht-e-Irshad (“morality police”) on 16 September 2022, for allegedly not complying with Islamic dress codes and the brutal, and the ruthless state repression, of the massive public protests which erupted in response to her death. Since the start of the peaceful protests, the Iranian authorities responded by a systematic criminalization of peaceful protesters and union leaders and more than 18,000 individuals have been arrested, more than 500 persons have been killed, 7 at least have been executed – many of them from the working class, ethnic and oppressed groups. Workers in key sectors of the economy (oil, gas, iron, steel, sugarcane industries), and particularly workers and trade union leaders in the education sector are victim of systematic detention, sentencing and imprisonment: individuals who participated in peaceful protests or were engaged in trade union activities have been subjected to harassment, arbitrary arrest and detention, detention in solitary confinement for several days, torture to obtain false confessions, unfair trials, unduly prolonged prison sentence, sudden increase of the amount of the bails for temporary release (some cases have reached over US$50,000), cases transferred from the ordinary courts to the Islamic Revolution Court, known for conducting high profile political trials. To back up these allegations the ITUC has submitted a nominative list of 80 persons from both sexes (mostly teachers trade unionists or not, but also women’s rights activists, labour activists, ordinary protesters, etc.) all charged with undermining state security.

In its response, the Government stresses that, according to its review of the ITUC observation, there is no connection between the cases presented by the Confederation and its allegations of discrimination based on political opinion. None of these individuals were detained for participating in labour or trade union gatherings or for protesting their employment or legal status. Rather, most individuals participated in gatherings against the government that unfortunately led to the destruction of public property and/or had connections with terrorist groups. It further points out that no one in the Islamic Republic of Iran is prosecuted only because of his/her belonging to a guild, profession or special group, but no law breaker is tolerated because of his/her attachment or position to a guild, group or special profession. Therefore, the title of “women’ rights activist”, “social worker” or any other title could not be a reason to evade the law. The Government further addresses 33 of the 80 cases mentioned by the ITUC: (1) detailing the charges brought against these individuals (propaganda against the State, crime against national security, member of a terrorist group, member of a communist party, armed rebellion against the Islamic Republic of Iran, insulting the Founder of the Islamic Republic of Iran and the Supreme Leader, etc.); (2) specifying the sentences handed down to these persons (between 6 months and 12 years); and (3) providing an update on their current situation (some have been released, other are still waiting for the final decision, while most of them are currently serving their prison sentences).

While fully understanding the need for measures to protect the security of the State and recalling that they exist in almost all countries, the Committee is concerned that, depending on their application in practice, such measures could be used to limit the protection which the Convention seeks to guarantee against discrimination based on political opinion. In that context, the Committee wishes to recall that, protection against discrimination on the basis of political opinion afforded by the Convention implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, but does not apply where violent methods are used. The protection afforded by the Convention is not limited to differences of opinion within the established framework of principles. (see the 2012 General Survey on fundamental Conventions, paragraph 805). Furthermore, the Committee points out that, under Article 4 of the Convention, any “measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice”. However, in order to avoid any undue limitations on the protection which the Convention seeks to guarantee, this exception should be interpreted strictly. Firstly, the measures must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. They become discriminatory when taken simply by reason of membership of a particular group or community. Secondly, the measures refer to activities qualifiable as prejudicial to the security of the State. The mere expression of opinions or religious, philosophical or political beliefs is not a sufficient basis for the application of the exception. Persons engaging in activities expressing or demonstrating opposition to established political principles by non-violent means are not excluded from the protection of the Convention by virtue of Article 4. Thirdly, all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. Provisions coached in broad terms, such as “lack of loyalty”, “the public interest” or “anti-democratic behaviour” or “harm to society” must be closely examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise, such measures are likely to entail distinctions and exclusions based on political opinion or religion, contrary to the Convention. In addition to these substantive conditions, the legitimate application of this exception must respect the right of the person affected by the measures “to appeal to a competent body established in accordance with national practice”. It is important that the appeals body be separate from the administrative or governmental authority and offer a guarantee of objectivity and independence. It must be competent to hear the reasons for the measures taken against the appellant and to afford him or her the opportunity to present his or her case in full (see the 2012 General Survey, paragraphs 832–835). In light of the above, and recalling that measures related to state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention, the Committee firmly urges the Government to provide: (i) detailed information on the legal definitions of “act or crime against national security” and “propaganda against the State”; (ii) the text of any national legislation provision affecting the employment or occupation (in both, the private and public sectors) of individuals suspected of being engaged in activities prejudicial to the security of the State; and (iii) information on the specific procedures establishing the right of appeal available to persons affected by such measures. Please provide information on the employment opportunities for individuals who have been released from prison after serving their terms.

Discrimination based on religion, political opinion and ethnicity. The Government indicates that to guarantee equal opportunities for education among people of all religious and ethnic backgrounds, changes have been implemented in the Selection Law which requires prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh). The existing obligation for candidates from religious minorities to disclose their religious affiliation in the national exam has been removed, starting in 2023, to foster a more inclusive and equitable examination process. The Committee welcomes this change. It takes note, however, of the ITUC’s observation, which states that systemic discrimination based on religion and ethnicity is widespread in Iran, with: (1) Shia Muslims having better employment opportunities than Sunni Muslims; (2) the Baha’í religious minority facing barriers to employment and being expelled from universities once identified (there have even been instances of Baha’i children being expelled from schools); (3) the Yarsan and Mandaeans also encountering challenges due to their religious beliefs and being restricted in practice to working in the private sector with significant limitations; and (4) additionally, the Kurds, Baluchis, and Arabs being practically excluded from high-ranking Government positions, while government offices in these areas are predominantly staffed by individuals from other ethnic groups, particularly Persians. The Committee also notes the concern recently expressed by the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran regarding the widespread violations of the rights of ethnic, linguistic, and religious minorities, including the Kurds, Baluchis, Ahvazi Arabs, and Azerbaijani Turks. According to the Special Rapporteur, these groups have been consistently targeted and denied their fundamental rights, including equality, non-discrimination, linguistic and cultural rights, and access to education, employment, and healthcare. Regarding the situation of the Baha’í community, the Special Rapporteur raises serious concerns, including with respect to the persistent persecution of Baha’ís and denial of their educational rights (A/HRC/55/62, 9 February 2023, paragraphs 53, 78 and 80). Once more, the Committee notes with deep concern the lack of comprehensive protection for workers against discrimination, either through a multi-faceted national equality policy or legislation covering all workers (including migrant workers) and all aspects of employment and occupation (i.e. access to vocational training, access to employment and to particular occupations, and terms and conditions of employment). The Committee urges once again the Government to take the necessary measures to eliminate discrimination in law and practice against members of religious minorities, especially non-recognized religious groups, in education, employment and occupation. The Government is further requested to adopt measures to foster inclusion and protect all workers against direct and indirect discrimination based on religion, political opinion, national extraction or social origin. In this regard, the Government is also requested to provide information on steps taken and their outcomes.

Articles 1, 2 and 3. National equality policy. Legal restrictions on women’s employment. The Committee notes, with deep regret, that despite its obligation under Articles 1(1)(a) and 3(c) of the Convention, the Government has made no progress in eliminating laws inconsistent with the requirements of the Convention. It emphasizes in particular that, since 1996, it has urged the Government to repeal or amend section 1117 of the Civil Code (which invests a husband with the authority to prevent his wife from pursuing specific occupations that he deems incompatible with the “family’s interests”, his dignity, or his wife’s dignity) and that the Government has been informing the Committee repeatedly that a proposal to amend this provision was being considered. The Government reiterates that a plan to amend section 1117 of the Civil Code has been presented to the Judicial and Legal Committee of the Parliament, and that a legal Bill amending certain sections of the Family Protection Law 2012 and adding new provisions was referred to Parliament for approval. The Government further explains that the interpretation of “family interests” in section 1117 of the Civil Code is based on common practice and court decisions, considering the dignity and social status of couples and families. In this respect, the Committee takes note of the judgments issued by Family Courts pertaining to the wife’s employment rights and the enforcement of section 1117 of the Civil Code, as provided by the Government. It, however, notes that the judgments provided only showcase dismissals under section 1117 of the Civil Code, with a noticeable lack of cases where husbands’ objections to their wives’ right to work have been supported or refused. The Government emphasizes that in a marriage contract, couples have the right to specify conditions related to employment, and the husband cannot obstruct the wife from working if he consents to her employment in the marriage contract. The Committee points out that allowing couples to waive discriminatory rights recognized in national laws through contracts does not satisfy the requirements of the Convention. The Committee notes the ITUC’s observations, which express concern about pervasive systemic gender discrimination and violence in both the workplace and society across Iran. Additionally, the Committee takes note of a recent report of the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran to the Human Rights Council, stressing the urgent need for the Government to address, among others, gender discrimination in private settings, family laws and employment, and to introduce effective anti-discrimination legislation in workplaces (A/HRC/55/62, paragraph 77). TheCommittee strongly urges the Government to take concrete and immediate steps to ensure the repeal, effective amendment or modification of all laws, regulations, instructions and practices that hinder women’s equality of opportunity and treatment in employment and occupation, in particular with respect to section 1117 of the Civil Code. The Government is requested to provide updated information on any measures taken in this regard and on progress made toward amending section 1117 of the Civil Code. Finally, the Committee requests the Government to provide its comments on the ITUC’s observations.

Draft Comprehensive Population and Family Excellence Plan and other measures. The Committee recalls that the draft Comprehensive Population and Family Excellence Plan (Bill No. 264) provided that governmental and non-governmental departments shall give priority in employment to married men with children and to married men without children, and the employment of single persons is permitted only in the absence of qualified married applicants. The Government indicates that Bill No.264 was renamed “Youth of Population and Family Support Plan” and approved by the Parliament for a seven-year trial period, and was communicated to the executive departments on 15 November 2021. The Government further indicates that the new law refers to “family” without prioritizing males or females as it aims to support families in general by addressing the declining birthrate and population growth. The law contains incentives and support for families with at least three children, new birth events, infertile couples, pregnant women, and mothers with children under 2 years of age. The Committee notes that the law includes provisions for job security, financial assistance, and various benefits granted to mothers and fathers to encourage childbirth and support families. The law impacts wage and salary systems, higher education, and training, favouring families and providing incentives for childbirth. Additionally, it includes provisions for transportation services, as well as cultural, sports, and recreation tariffs to benefit mothers and children. The Committee notes that this new law has the same objective of Bill No. 264, that is addressing the declining birth rate. Therefore, the Committee urges, once again, the Government to ensure that the measures taken to promote population growth and maternity protection do not constitute obstacles to the employment of women in practice, in particular, that all of the restrictions on women’s employment and the prioritization of men’s employment in draft Bill No. 264 have been removed from the new Law.

Article 3(a). Cooperation of employers’ and workers’ organizations. The Government reports that a National Labour Conference was held (year not mentioned), bringing together the Government and social partners. This conference aimed to reinforce compliance with fundamental principles and rights at work, particularly in line with the provisions of ratified ILO Conventions. The final statement from the conference underscored the importance of achieving social justice for all by adhering to core principles and rights at work, with a special focus on fostering social dialogue. The Government also highlights the efforts of the Labour and Social Security Institute (LSSI), which, over recent years, has collaborated with workers’ and employers’ organizations to deliver specialized training courses and skills-oriented programs. Additionally, the Government states that the Confederation of Trade Union’s Workers of Iran spearheaded a number of initiatives, such as conducting studies and reviews on the development of a support package for women and holding meetings with various stakeholders to discuss support for women with special circumstances and to monitor the implementation of the 2016 Labour Law, which aims to reduce working hours for these women. The Committeerequests the Government to provide information on the awareness-raising, training, and capacity-building activities undertaken specifically to promote the Convention among the social partners.

Article 3(e). Equal access to education and vocational training. The Government reports that to combat gender discrimination, targets have been set for women’s education, achieving significant milestones such as reducing the illiteracy rate among individuals aged 10–49 by 97 per cent, nearly eliminating the gender gap in primary and secondary education, and increasing significantly women’s representation in public universities, with 56 per cent of students being female. Additionally, the ratio of female university faculty members has risen to over 35 per cent. In medical sciences universities, women now make up 40 per cent of the faculty members, and women’s access to education has expanded, with 784 technical and engineering fields now open to them. In this respect, the Committee notes the ITUC’s observation underlying the vastly unequal treatment of girls and women in access to education. The ITUC observes that in higher education, women face unequal access to technical curricula, with “gendered quotas” implemented for university programs by the Ministry of Science and the National Organization of Education. This denies women equal opportunities in specific fields of technical studies (including car mechanics, carpentry, home repair services, etc.), restricting them to traditionally female-oriented skills like tailoring and dress design. The ITUC further observes that gender stereotypes in primary education are perpetuated through textbooks, portraying women as homemakers and men as professionals like engineers, architects or doctors, reinforcing societal biases towards male and female workers. The Committee requests the Government to provide its comments on the ITUC’s observation. In view of the importance of vocational guidance and training for combating occupational segregation and promoting gender equality, the Committee urges the Government: (i) to provide detailed information regarding the “quota system” restricting women’s access to technical studies in higher education and its practical application, particularly in targeted fields; (ii) to adopt targeted measures to increase women’s participation in sectors and occupations where they are under-represented, by encouraging girls and young women to choose non-traditional fields of studies and career paths; and (iii) to provide comprehensive statistics, disaggregated by gender and fields of study, on participation in higher education and vocational training.

Enforcement. The Government indicates that it is working on improving the labour dispute resolution system in line with Chapter 9 of the Labour Law. Its efforts include enhancing e-services for labour trials and gathering statistical data on discrimination cases. The Government explains that these measures aim to reform the comprehensive labour relations system, refining the process for submitting claims, particularly those related to the Convention. These initiatives will support the collection of detailed statistics on discrimination cases managed within the labour dispute resolution framework. The Committee requests the Government to provide updated information on the progress of e-service improvements for labour trials and their impact on data collection regarding discrimination cases. Furthermore, the Government is requested to supply information on judicial and administrative decisions related to equality of opportunity and treatment in employment and occupation, including the number, nature, and outcomes of cases, along with any sanctions imposed or remedies granted.