After the tragic death of Mahsa Amini in 2022, protests erupted across Iran. People took to the streets to demand change. Many were determined to fight for women’s rights. In Iran as in Israel, Iraq and many Mid East countries, women have to deal with unfair treatment when it comes to laws regarding the marriage age for girls, divorce and child custody, and inheritance. This discrimination is unjust and it is vital to bring about change in the law and practice.

By proposing fresh regulations that grant women custody rights post-divorce (rare in almost all mid east countries), and raise the legal marriage age (here Iran is one of the worst offenders in the world), we can effectively tackle this discrimination and improve the quality of life for Iranian women.

The historical path of women’s rights in Iran has been marked by both progress and challenges. While it is important to acknowledge that certain aspects were indeed favourable, it is also evident that persistent issues continue to shape this narrative. 

During the 1920s, Iran witnessed noteworthy advancements in women’s rights, including expanded access to education, the formation of women’s organizations, and the establishment of the Iranian Women Party in 1942. Notably, an important milestone was achieved when women were granted the opportunity to participate in a referendum in 1963, a pivotal moment that ultimately secured their right to vote. 

Throughout this era, several important laws were passed, such as raising the marriage age to 18, granting women the right to initiate a divorce in marriage, run for office and inherit property. By the late 1970s, women were active in politics and the workforce. 

In Iran today, women still face discrimination in both legal and cultural aspects. One significant issue revolves around the requirement for women to wear headscarves, which is enforced using various methods. If women don’t follow this dress code, the consequences for not complying can be severe. These consequences include an initial warning, then a hefty fine for a subsequent offence that would equal a month’s salary, then on a third offence the fine is doubled, on a fourth offence imprisonment for a couple of years, as well as the possibility of up to 10 years in jail if in the view of the court, you are acting for a foreign power. These severe penalties also apply to people who offer services to non-compliant women and those who support protests against mandatory headscarves.

A Mid-East wide problem

In various countries in addition to Iran, including Saudi Arabia, Afghanistan, Sudan, Palestine and Bahrain, the issue of early marriages remains of concern. While these nations differ in many aspects, they all share the unfortunate commonality of allowing child marriages. In Iran, there have been recent attempts to raise the legal marriage age for girls and address gender discrimination, yet challenges endure. Saudi Arabia has made some efforts to establish a minimum marriage age, but enforcing this law remains problematic. In Afghanistan, cultural norms often overshadow legal rules, making it even harder to combat this issue. Sudan has made recent changes to its laws regarding marriage age, but the problem lingers. Meanwhile, Bahrain continues to grapple with child marriage, emphasizing the urgent need for comprehensive legal reforms. 

These disparities underscore the global struggle to protect the rights of young girls and hold these countries accountable for perpetuating this harmful practice. However, it is crucial that these countries move beyond mere attempts and take resolute actions to eliminate this harmful practice. Stricter enforcement of laws, awareness campaigns, and support for girls and their families are essential steps toward protecting the rights and well-being of young girls. The world is watching, and the time for real change is now.

Despite legal changes in Iran since 1975 allowing women to file for divorce, discrimination persists in matters of divorce and custody, as indeed it does in many Mid East countries. Mothers have custody rights until their child turns seven, after which it’s revoked. Remarriage also leads to custody loss. These rules are emotionally devastating for mothers and disruptive for children. These laws ignore the strong connection between mothers and their children, and continues the cycle of gender discrimination in divorce and custody matters.

In efforts to eliminate different forms of discrimination against women, the United Nations General Assembly in 1979 adopted The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW tackles discrimination against women in various aspects of life, encompassing legal and practical forms of discrimination. 

Countries that sign CEDAW commit to include gender equality principles in their national laws and  to ensure these principles are implemented. This treaty is unique because  it addresses both direct and indirect forms of discrimination in law and practice. It protects  women throughout their lives, advocating equality from childhood to adulthood. Moreover, CEDAW calls for the transformation of social and cultural norms that reinforce gender biases and promotes shared responsibilities between men and women in raising their children.

Unfortunately, Iran has not yet signed this vital treaty, as nor have countries like Sudan, Somalia, Palau, Tonga, and, sadly, The United States of America. It is essential that nations, especially those that proclaim themselves champions of democracy like the United States, should aspire to take a leading role in signing treaties aimed at protecting women. Failure to do so calls into question their commitment to true democracy if they do not actively strive to ensure the protection of women at all costs. By not signing CEDAW, these nations miss an opportunity to commit to global efforts aimed at advancing gender equality and safeguarding women’s rights.

How lawmakers in Iran could combat discrimination:

To ensure that women in Iran are not subjected to discrimination, lawmakers should consider implementing several key changes in existing laws. Firstly, it is imperative to raise the legal marriage age, while imposing stringent penalties for those who disregard the law.

Secondly, the establishment of a robust system for reporting and addressing discrimination against women is essential. Alongside this, creating safe environments for those in need, such as women’s refuges, should be a priority. Furthermore, promoting equal access to education for women and girls, regardless of their marital status, can be facilitated by offering financial assistance to those pursuing education.

Lastly, in divorce cases, special attention should be given to ensuring fairness for women who are responsible for their children. This might include the implementation of support programs or housing arrangements to protect their rights.

At the heart of the recent protests, where women courageously challenge the mandatory headscarf, lies a profound message that transcends mere fabric. They are challenging a system that treats them as second-class citizens. They are calling for a society where girls are not forced into early marriages, where women can pursue education and careers independently, where they have a say in their own lives, and where the bond between a mother and her child is respected, not torn apart by unjust custody laws.

As the voices of these brave women rise in unison, the authorities in Iran should listen. They should heed the cries for a fairer, more equal society. The protests surrounding the headscarf are a poignant reminder that the fight for women’s rights goes beyond clothing – it is a fight for justice, for freedom, and for a brighter future. It is a fight that should unite us all, regardless of where we stand in the world, because women’s rights are human rights, and they deserve to be protected and upheld with unwavering commitment.