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Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL 321
THE NATIONAL POLICY OF IRAN TOWARD VIOLENCE AGAINST WOMEN
A POLÍTICA NACIONAL DO IRAN PARA A VIOLÊNCIA CONTRA AS MULHERES
Abstract: Iran’s 20-year Economic, Social and
Cultural Development Perspective started in
2005 and will continue to 2025. It has outlined
developments in the field of society, economics,
politics and culture for the next twenty years.
Unfortunately, it is not an overreaching plan,
particularly in the area of violence against wo-
men. Although the government has considered
different strategies in this national plan to con-
front and reduce this problem, it is not enough
and this problem is still prevalent, especially in
the rural areas. The aim of this literature re-
view is to analyze the policies of the long-term
economic and socio-cultural perspective of
Iran to determine whether the national plan
could meet its objectives in the field of violen-
ce against women. The findings of this study
shows a lack of information pertaining to wo-
men and girls, their legal rights as stated in the
Constitution and, Civil Laws and, particularly,
in Iran’s long term development plan, which
lead to mental and physical vulnerability. The
ignorance of women concerning their rights
due to the neglect of the legislative, executive
and judicial authorities, and related organiza-
tions, such as the Center for Women’s Partici-
pation and women’s NGOs, in educating the
women about this vital issue.
Keywords: Violence. Women. Policy. National
Plan.
Resumo: Os 20 anos de Perspectiva de De-
senvolvimento Econômico, Social e Cultural
começou em 2005 e continuará até 2025. É um
plano que traçou desenvolvimentos no domí-
nio da sociedade, economia, política e cultura
para os próximos 20 anos. Infelizmente, não é
um plano muito ambicioso, particularmente na
área da violência contra as mulheres. Embora
o governo tenha considerado estratégias dife-
rentes nesse plano nacional para enfrentar e
reduzir esse problema, as soluções propostas
ainda não são suficientes e o problema ainda
continua, especialmente nas áreas rurais. O
objetivo deste artigo foi analisar as políticas
do ponto de vista econômico e sociocultural de
longo prazo do Irã para determinar se o plano
nacional poderia cumprir os seus objetivos no
domínio da violência contra as mulheres. Os
resultados deste estudo mostram uma falta de
informações relativas a mulheres e meninas,
seus direitos como indicado na Constituição e
leis civis e, em particular, no plano do desen-
volvimento em longo prazo do Irã, que levam à
vulnerabilidade física e mental. O desconheci-
mento das mulheres sobre os seus direitos em
razão da negligência das autoridades judiciá-
rias, legislativas, executivas e outras organiza-
ções afins, tais como o Centro para a Participa-
ção da Mulher e mulheres de ONGs, em educar
as mulheres sobre essa questão vital.
Palavras-chave: Violência. Mulheres. Política.
Plano Nacional.
Shahnaz Rahpaymaelizehee *
Bahare Fallahi**
Razieh Jafari Kojouri***
* PhD Student in Politics and Government Universiti Putra Malaysia (UPM); shahnaz_ eliezeh@yahoo.com
** PhD Student in housing Policy Universiti Putra Malaysia (UPM); bahare.fallahi@yahoo.com
*** International Relations (M.A) Azad Universiti of Tehran; r.jafari.k@gmail.com
hp://dx.doi.org/10.18593/ejjl.v16i2.6942
Shahnaz Rahpaymaelizehee, Bahare Fallahi, Razieh Jafari Kojouri
Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL
322
Introduction
National policies are formulated in the form of long or short plans to promo-
te basic changes in the domestic areas to increase the welfare of the people. Accor-
dingly, in 2005, the government of Iran issued its 20-year Outlook Plan for economic,
social and cultural development, and, the completion of four -five year plans, Iran
would be an advanced country in the Middle East and Southeast Asia (AMUZE-
GAR, 2009). The role of women in each of the five-year plans and the laws support
the promotion of their positions are the challenge.
The definition of violence against women according to “The Declaration
on the Elimination of Violence against Women” of the United Nations based on Ar-
ticle 1, includes all types of gender-based violence. It mentions “the term “violence
against women”, which means any act of gender-based violence that results in, or
is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life.” Article 2 generalizes violence against women
in three parts under two broad categories of physical and mental violence, such as
female genital mutilation, rape, ignored by the State whenever it happens, intimida-
tion at work, and so on (UNITED NATIONS, 1993).
The significance of the study on the performance of Iran’s 20-year plan can
be analyzed to identify ways to improve the policies of anti-violence toward women,
to inform women about their legal rights and to consider additional laws for their
active participation in various socio-economic and cultural areas The aims of this
study are to analyze the laws in the area of violence against women in each short-
-term plan and to ascertain whether or not this objective could be met based on
Iran’s 20-year Perspective.
1 Previous Studies about Violence against Women in Iran
Most of the studies about violence against women were conducted during
the last decade. For example, the study by Nojoumi and Akrami (2002) was about
domestic violence against 406 pregnant women, who were referred to the Akbaraba-
di Hospital, and the consequences of the violence on their infants. In the same year,
Aqakhani and Chehree (2002) conducted research on violence against wives, who
were referred for forensic medicine in Tehran in the Fall of 2000. In 2003, a study was
undertaken on 1800 pregnant women who experienced domestic violence and were
referred to certain university hospitals in Iran, particularly the Tehran University of
Medical Sciences (JAHANFAR; MALAKZADEGAN; JAMSHIDI, 2003), while ano-
ther was conducted in one of the cities of Iran (Babol) on domestic violence against
women who were sent for forensic medicine in the city of Babol (BAKHTIYARI;
OMIDBAKHSH, 2003).
The National Policy Of Iran...
Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL 323
In 2004, research was conducted by some scholars on 375 victims of do-
mestic violence who were referred for forensic medicine in Tehran and to five Fa-
mily Courts, Married Women in Tehran and the Isfahan Health Center (AZADE;
DEHGHANFARD, 2006; RABBANI; JAVADIAN, 2007; TEHRANI; TASHAK, 2007).
In 2005, a study was undertaken by Ahmadi, et al. on 1189 married women in Tehran
who faced domestic violence (AHMAD et al., 2006); and by Islamlou and Boushehri
(2006), on 266 women who were referred for forensic medicine in Uroumeyeh city.
In addition, in 2006, other studies that focused on violence against women, included
the research by Ghahari et al. (2006) on 1186 women who were mentally abused by
their husbands in Tehran, and the study of violence against married women by their
husbands in the province of Chaharmahar Bakhtyari in which 380 victims were re-
ferred for forensic medicine in that province (MOEZY et al., 2008).
In the following year, Dolatian et al. (2008) conducted research on 500 preg-
nant women who faced domestic violence and were referred to the Ghassaran hospi-
tals; another study was undertaken on pregnant women (290 victims) who faced vio-
lence and were admitted to the maternity wards of hospitals in Mashhad (BEHNAM;
MOQADDAM; SOLTANIFAR, 2008). In 2008, Jafarnezhad, Hosseini and Soltanifar
(2009) analyzed the connection between violence against women during pregnancy
and its effect on the feeding of the infants. In addition, in 2009, research entitled
“Prevalence and risk factors for domestic violence against infertile women in an
Iranian setting” was conducted by Ardabily et al. (2011) on 247 women who faced
violence because of their infertility.
Some studies attempted to provide a general review on domestic violence
toward women by analyzing the studies of other research over a period of years, for
example, the findings of Vameghi, Ardekani and Sajadi (2014) and his colleagues
showed that from 2001 to 2008, the least prevalent type of violence against Iranian
women was sexual abuse and that mental abuse was the most prevalent.
2 An overview of the Iranian policies on women
There are constitutional and, civil laws as well as national policies about the
rights of women. Article 21 of the Iranian Constitution that the government should
guarantee the rights of women in all fields in adherence to the laws of Islam. It follo-
ws that the government should provide a suitable platform for the promotion of the
financial and moral rights of women to protect them during pregnancy. The govern-
ment should protect the rights of mothers who do not have any support to keep and
protect their children, and to create suitable courts for supporting these families.
Additionally, it should provide insurance for old women who have no support and
grant the guardianship of children to worthy mothers to protect them in the absence
of a legal guardian (in Iran, after a divorce or the death of the father, the priority for
keeping the children is given to the paternal family) (CIVIL CODE OF THE ISLA-
MIC REPUBLIC OF IRAN, 1928).
Shahnaz Rahpaymaelizehee, Bahare Fallahi, Razieh Jafari Kojouri
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324
Under the Civil Law of Iran, Article 642, Chapter 19, “Crimes against Family
Rights and Responsibilities”, if a man does not pay maintenance to his wife, he will
be punished by law. “Anyone who fails to pay his wife’s nafaqa (maintenance), while
he has the financial ability, subject to the wife’s tamkin (obedience), or fails to pay
other members of his family that he is legally responsible to pay their nafaqa, shall
be sentenced by the court to three months and one day to five months’ imprison-
ment” (ISLAMIC PENAL CODE OF THE ISLAMIC REPUBLIC OF IRAN, 2013).
Furthermore, in Article 645, it has been emphasized that if a man does not officially
register his permanent marriage, he will be imprisoned for one year. Article 619
states that those who bother women and children in public will be punished from
two months to six months and receive 74 lashes of the whip (JAVANMARD, 2011).
Meanwhile, some agencies have been set up to protect the rights of women and
children in the courts of law in all provinces; in the province of Gilan, their duties
include supervising the investigation of cases involving women, children and juve-
nile offenders to solve their problems as soon as possible, and to issue appropriate
measures for improve.
Furthermore, Article 1106 of Iran’s Civil Law states that in permanent mar-
riages, the husband is responsible for the costs for the maintenance of his wife. Arti-
cle 1108 further expands on Article 1106 in that those wives who do not perform their
duties and have no legitimate excuse will not be entitled to receive the maintenance
costs. Article 1111 states that in the event that the husband refuses to provide main-
tenance for his wife, the wife can seek the assistance of the court, and, in this case,
the amount of money payable by the husband to the wife will be fixed by the court.
Article 1129 places emphasis on the duty of a husband in paying the cost of mainte-
nance; if he refuses and does not adhere to the judgment of the court to pay the costs,
the wife can ask or a divorce and the husband will be obliged by the court to divorce
his wife (CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN, 1928).
Unfortunately, the first two development plans did not contain any Arti-
cle concerning violence against women. The lack of supportive laws in these plans
violence against women leaves a big gap in Iran’s 20-year economic perspective. In
the third short-term plan, Article 56 states that interest free loans will be conside-
red for female-headed households and those who are Female-headed households in
rural areas. Article 158 has been considered to be the responsibility of the Center
for Women’s Participation (In 1997, Khatami created the Center for Women’s Parti-
cipation, which was affiliated with the presidency, and became the main institution
responsible for handling women’s affairs in the country).
The duties of this center include organizing common research activities with
related organizations in judicial power to prepare plans for facilitating and following
up the legal affairs of women; to consider female-headed households a priority in
using the different services in the fields of social, financial, legal , consonant, edu-
cation and sport in the undeveloped places and the deprived groups (low classes) in
the field of supporting nongovernmental organizations to prepare reports to update
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Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL 325
the government concerning the achievements of the aims of the center through re-
lated organizations. to prepare the annual reports that are taken from the executive
organizations to determine if they are ready for submission to the government (THE
LAW…, 2014b).
Article 111 (3) in the fourth plan sanctions legal measures for the preven-
tion of violence against women. Article 111 (4) supports the establishment of non-go-
vernmental organizations and civil institutions. Article 89 (5) has been prepared and
approved a comprehensive plan for the empowerment of women and the support of
women’s rights in the social, economic, legal and executive fields. Article 100 (94) cre-
ates security and freedom for developing social movements in the field of supporting
the women and children’s rights (it did not specify which rights) (THE LAW…, 2014a).
In the fifth plan, Article 39 places, emphasis on the social and family center
plans together with financial assistance from the government to empower groups
and individuals, especially female-headed households and the handicapped (disa-
bled). Article 230, mentions the cooperation of the center of women’s participation
with organizations and related authorities (MIRHOSSEINI, 2006).
In all the five year plans, comprehensive programs have been considered for
female-headed households, which is defined as women who have lost their support
because of divorce, or the death, addiction, disability, imprisonment or illness of their
husbands women who never married, and women who bear all the responsibilities
of the family (NAZOKTABAR; ALIABADI, 2011). The law supporting female-headed
households was enacted in November 1983 and promotes the cooperation of certain
agencies and organizations, such as the Ministry of Welfare, Insurance, Emdad Com-
mittee, Technical Education and Vocational Organization, and Municipals.
In response to the implementation of the Beijing Platform for Action (1995),
which included the prevention of violence against women, the Iranian government
passed policies, such as approving legislative amendments and projects authorizing
a national research by Ghazi Tabatabee and his team on violence against women,
presenting a Bill about blocking the trafficking of women that is being studied by
the parliament; and establishing female police centers and employing female police
officers (THE ANSWER..., 2003).
The national review document provides some strategic objectives for pre-
venting violence against women that includes the security of women and children
according to Article 227, in the fifth short term plan, with the help of the Ministry
of Interior in social relations continue (THE VICE PRESIDENCY FOR WOMEN &
FAMILY AFFAIRS, 1995). Other measures include designing a Bill by the Ministry
of Health for a national mechanism to protect women against violence, free con-
sultation on legal or judicial issues pertaining to women, (counseling services for
young couples, establishing permanent and temporary marriages in all provinces,
empowering women to support themselves financially, and establishing pre-marital
consulting courses to educate and inform men and women of their rights and res-
ponsibilities to each other (ASHTIANI, 2008)
Shahnaz Rahpaymaelizehee, Bahare Fallahi, Razieh Jafari Kojouri
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326
Additional measures include a 24-helpline (129) for anyone to report or seek
help for any violence against women; establishing Health Houses and temporary set-
tlements for vulnerable s females and victims of violence. Moreover, it is considered
the responsibility of the institution to protect the rights of victims of violence in whi-
ch the victims are cured through speech therapy and psychotherapy; furthermore;
in each judicial purview, the judicial synergy is considered to improve the emotional
depredation of victims. In addition, there are offices where the social workers try to
help the victims of violence (ABRABABADI, 2004).
Meanwhile, family intervention centers have been established to solve di-
vorce disputes (from 10 centers in 1999 to 143 in 2001) train assistants to mediate
in family disputes, and manage formal or informal training programs in different
areas , such as workshops for promoting a culture of tolerance in schools, providing
life skills to increase the skills of families to solve their problems, increasing the
knowledge of students about their rights and couples’ responsibilities in preventing
violence against women, and providing workshops with the aim of promoting the
ethics and human values, particularly for women. This was followed by adding new
courses in universities about the family and women’s studies, and studies in the
field of violence against women, as well as establishing human rights study centers
pertinent to this issue in the universities with respect to the Islamic, judicial and
international laws.
Other strategies include cooperating with Interpol to block the trafficking of
women and protecting them from being forced into prostitution, and participating
in the convention of anti-women-trafficking and obligatory marriage (THE VICE
PRESIDENCY FOR WOMEN & FAMILY AFFAIRS, 1995); promoting the social
and political rights of couples and children by using media, treatment services for
women and women police forces; drafting the “Citizenship Rights” Bill and esta-
blishing family courts in which women counselors are employed (HUMAN RIGHTS
IN IRAN UNIT, 2013) , to amend the laws in the Civil Code, such as “increase in girls’
marriage age”; creating a department in the Judiciary to support the women and
children; organizing projects to address the shortcomings of women’s rights in terms
of all three powers (Executive, Judicial and Legislature); supporting women from re-
ligious minorities through their representatives or NGOs ; establishing a “National
Committee for Organizing Counseling Services as well as medical centers to deal
with issues concerning the harassment of women and to refer them to the Judicial
authorities and disciplinary centers in the country; considering a security plan in the
“National Document on Domestic Violence Prevention”, which is now ongoing (THE
VICE PRESIDENCY FOR WOMEN & FAMILY AFFAIRS, 1995).
3 Criticism of the Policies Taken Regarding Violence against Women
Despite the various applied strategies of the Iranian government and the
related organizations to reduce the problem of violence against women, why is it still
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Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL 327
so prevalent? The primary reason could be that Iranian women are lacking infor-
mation about their rights, the root cause of which is the neglect of the government
educating women about their rights through the mass media, such as the television.
As an example, to date, there is no advertisement informing the public, particularly,
women, about the helpline (129) they can call whenever they face violence. Un- for-
tunately, most of the strategies are useful after the violence has occurred and not
before. For example, there are many offices in the judicial centers that offer consul-
tation to the women who are victims of domestic violence; such consultations should
be done before violence through mass media to reduce the number of victims. One
of the main strategies that can potentially affect and reduce domestic violence is to
educate all the females and males right from elementary school to academic courses
about the rights of women. The laws about women to protect their rights are not
sufficient and mostly concern female-headed households. In Iran’s Constitution and
Civil Laws, there are no Articles that clearly support the rights of women or prevent
violence against women. Even in the first and second four-five year plans, there was
no mention of this issue; the third plan, a center for women to address women’s
affairs was included. In the fourth and fifth plans, measures to prevents violence
against women were incorporated although there was no mention of the process to
be taken for their implementation. Unlike the measures that are applied by the go-
vernment to reduce violence against women, the increase in the number of victims
of violence indicates that the applied policies are not successful (THE ANSWER…,
2003), furthermore, this problem has not yet been solved or reduced.
Conclusion
Iran’s 20-year Law of the Economic, Social and Cultural Development star-
ted in 2005 and would be completed in 2025 through four five-year plans. One of the
objectives of this perspective is to make fundamental changes in the domestic fields.
This review only focuses on the status of women in the area of violence against them
in each of the five plans. To do this, the supportive laws and strategies are discussed.
Despite the many laws in the constitution, and civil laws, as well as the va-
rious strategies that are considered in the 20-year Law of the Economic, Social and
Cultural Development of Iran, this issue is still a major concern in the society. The
main reason is the ignorance of women about the laws and rules that support their
rights concerning different kinds of issues. Another reason is the neglect of the au-
thorities in upholding the status of women in the society. Finally, in Iran’s 20-year
Law of the Economic, Social and Cultural Development, the government only con-
centrates on the status of female-headed households, which is a small section of the
large population of women, and, in all the four five–year plans, there is no clear law
concerning the prevention of violence against women.
Some of the measures that would be effective to address this concern in-
clude educating society, particularly the women, starting from elementary school to
Shahnaz Rahpaymaelizehee, Bahare Fallahi, Razieh Jafari Kojouri
Joaçaba, v. 16, n. 2, p. 321-330, jul./dez. 2015EJJL
328
university about the rights of women and the responsibilities of both the males and
females to each other. Another measure could be to provide complementary Articles
in the civil laws to protect all women from violence against them.
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Data da submissão: 05 de abril de 2015
Avaliado em: 11 de maio de 2015 (Avaliador A)
Avaliado em: 21 de abril de 2015 (Avaliador B)
Aceito em: 12 de junho de 2015