Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Irán (República Islámica del) (Ratificación : 1964)

The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It also notes the International Trade Union Confederation (ITUC) observations, received on 2 September 2025. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee takes note of the detailed discussion that was held by the Conference Committee on the Application of Standards (CAS) at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by the Islamic Republic of Iran, as well as the following conclusions of the Conference Committee.

The CAS expressed deep concern over the cases of discrimination, violence against protesters, and the systematic state repression. It recalled that eliminating discrimination could only be achieved within an environment conducive to the free exercise of civil liberties.

Taking the discussion into account, the CAS urged the Government to take effective and time-bound measures to:

• 1. initiate legislative measures after consultation with the social partners, and considering the recommendations of the ILO supervisory bodies, to review national law (including the “Bill to Support the Family by Promoting the Culture of Chastity and Hijab”, the “Comprehensive Population and Family Excellence Plan”, Bill No. 264, and Article 1117 of the Iranian Civil Code) and practice in line with the Convention; 
• 2. implement, both in law and in practice, mechanisms and measures focused on protection against discrimination based on religion, ethnicity, political opinion, and social origin, covering all aspects of employment and occupation, and on addressing all forms of sexual harassment in the workplace; 
• 3. ensure that measures related to state security and the use of national security laws in the context of the exercise of civil liberties (including the circumstances of Mahsa Amini’s death) are in line with the Convention; and
• 4. provide detailed information on statistical data regarding the current situation on equal treatment in employment, including sanctions and remedies applied, and challenges encountered. 

The CAS urged the Government to avail itself, without delay, of technical assistance from the Office to ensure compliance with the Convention in law and practice.

The CAS requested the Government to provide a detailed report on measures taken and progress made on all the above issues and to transmit all relevant legislative texts to the Committee of Experts by 1 September 2025. 

The Committee welcomes the Government’s acceptance of technical assistance from the Office and trusts that this cooperation will support progress in the effective implementation of the Convention.

Articles 1(1)(a), 2 and 3(b) of the Convention. Legislation. Grounds of discrimination (race, religion, political opinion, and social origin) and scope of application. The Committee notes that, in its report, the Government reiterates that the prohibition of discrimination is explicitly stated in the Constitution of the Islamic Republic of Iran, and it is endorsed by the Labour Law. The Committee observes that articles 2(6), 19, 20, 28 and 43(4) of the Constitution, which are referred to in section 6 of the Labour Law, do not explicitly include religion, political opinion, and social origin as prohibited grounds of discrimination, nor do they cover all aspects of employment and occupation. The Committee takes note that, in its observations, the ITUC alleges systemic discrimination in employment and occupation against Sunni Muslims, Yarsan, Mandaeans, and members of the Bahá’í minority, among others. In addition, it also notes the concerns expressed by the UN Committee on the Elimination of Racial Discrimination (CERD) about reports that the legislative framework in force results in systemic and structural racial discrimination against members of ethnic and ethno-religious minority groups (CERD/C/IRN/CO/20-27, 19 September 2024, para. 20). The Committee urges the Government to take the necessary measures 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, employment and particular occupations, and terms and conditions of employment. The Committee requests the Government to send its reply to the observations of the ITUC.

Articles 1 to 3. National equality policy for equality of opportunity and treatment irrespective of sex. The Committee welcomes the information provided by the Government to the CAS indicating that, since August 2024, the incumbent Administration has appointed over 190 women to high-level managerial positions, some for the first time in Iranian history. This includes 4 women in the Fourteenth Council of Ministers, 14 women appointed to lead institutions by direct presidential decree, 13 deputy ministers, 17 ministers’ advisers, 110 directors-general, 17 governors, and 16 district administrators.

With regard to its previous comment, regarding the Bill to Support the Family by Promoting the Culture of Chastity and Hijab” (Chastity and Hijab bill, which seeks to impose a series of new punishments on women and girls who fail to wear the headscarf (hijab)), the Committee notes that the Government indicates that although it was approved by the legislative branch, it has not entered into force due to the absence of official promulgation and publication, and that the supreme authorities have decided not to enforce it for the time being.

Regarding the measures adopted to promote population growth and protect maternity, and their impact on women’s employment, the Government informs the Committee that the Family Protection and Youthful Population Law, adopted in 2021, supersedes the Comprehensive Population and Family Excellence Plan (Reg. No. 264), which has been withdrawn from Parliament’s agenda. The Government also reiterates that the Family Protection and Youthful Population Law is provisional and will remain in force for seven years. The Committee asks 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.

Regarding the application of Article 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) the Committee notes that the Government indicates that this does not mean an overall ban on women’s employment or their systematic restriction from the labour market. As such, the number of husbands who prevent their spouses from employment pursuant to this Article is very limited and insignificant. While taking due note of this information and considering its very limited application according to the Government, the Committee urges that it take the necessary measures for its repeal, since this provision is incompatible with the Convention as it institutionalizes gender inequality and restricts women’s autonomy in employment, conflicting directly with the principle of equality of opportunity and treatment in employment and occupation.

Sexual harassment. The Committee takes note of the Government’s indication that, in view of the existing legal gap to prohibit sexual harassment at the workplace, efforts have been made by the Ministry of Cooperatives, Labour and Social Welfare, in collaboration with the social partners, to fill this legal gap. For example, through the “Sample Disciplinary Regulations”, shared with the social partners, instances of harassment, violation, and discrimination have been addressed as administrative violations, in addition to the protection provided to men and women against violence under the Islamic Penal Code, the Criminal Procedure Law, and the Civil Liability Law. The Committee takes note with interest of this information. It, however, recalls that relying solely on general disciplinary provisions is insufficient to ensure effective protection against sexual harassment. Without explicit legal or policy frameworks, victims may be discouraged from coming forward due to uncertainty about their rights, fear of retaliation, or lack of confidence in the system; while employers and authorities may lack guidance on prevention, training, and appropriate responses, resulting in inconsistent or inadequate handling of cases. Explicit prohibitions, detailed procedures, and dedicated preventive measures are therefore essential to provide clarity, ensure accountability, and create a safe working environment. The Committee therefore requests the Government toinclude clear legal provisions in the labour legislation 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 in the course of their work, including victimization safeguards, complaint mechanisms, sanctions, and remedies.

Articles 1(1)(a) and 4. Discrimination based on sex and political opinion. Activities prejudicial to the security of the State. The Committee takes note that the Government affirms that persons who have been arrested have the right to an attorney and to appeal against the verdicts. The Committee recalls 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 has not received information on the legal definitions of “act or crime against national security” and “propaganda against the State”, nor information on how these provisions are applied in practice. It also takes note of: (1) the ITUC’s observations, which express deep concern over the ongoing persecution of women activists, where women have been sentenced to death for “rebellion”; and (2) the UN Human Rights Committee’s concerns about the prosecution of human rights defenders who advocate on behalf of sexual or gender minorities, noting that some defenders, such as Zahra (Sareh) Sedighi Hamadani and Elham Chobdar, had been sentenced to death (CCPR/C/IRN/CO/4, para. 15, 23 November 2023). In these circumstances, the Committee urges the Government to provide: (i) 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 any cases in which such provisions have been invoked, including the grounds, the outcomes and any remedies granted.

Article 3(a). Cooperation of employers’ and workers’ organizations. The Committee notes the Government’s indication that the Ministry of Cooperatives, Labour and Social Welfare has prepared a policy/strategic note based on the Convention and disseminated it to workers’ and employers’ organizations. It notes that this note focuses on: (1) providing general training for workers, especially women and young adults; and (2) establishing committees to address harassment and violence in workshops. The Committee welcomes these awareness-raising and training measures and takes due note of this information.

Article 3(e). Equal access to education and vocational training. The Committee had requested information on the application in practice of the “quota system” that could result in restricting women’s access to technical studies in higher education or any measures adopted or envisaged to increase women’s participation in non-traditional fields of study. Furthermore, the Committee notes the concern expressed by the UN Committee on the Elimination of Racial Discrimination (CERD) about the prevalence of high school drop-out rates and child marriage (as the minimum age of marriage is 13 years for girls) among girls belonging to ethnic and ethno-religious minority groups (CERD/C/IRN/CO/20-27, 19 September 2024, para. 18). In view of the importance of vocational guidance and training for combating occupational segregation and promoting gender equality, the Committee asks the Government: (i) to provide information regarding the “quota system” and its impact on women’s access to technical studies in higher education, particularly in targeted fields; (ii) to inform on any measures considered or adopted to increase women’s participation in sectors and occupations where they are under-represented, by encouraging girls and young women, including those belonging to ethnic and ethno-religious minorities, to choose non-traditional fields of studies and career paths; and (iii) to provide available statistics, disaggregated by gender, on participation in higher education and vocational training.

Enforcement. The Committee reiterates its request that the Government provide information on the functioning of the labour dispute resolution system and any available judicial or administrative decisions related to discrimination in employment and occupation.