A glance at articles 8 and 12 of the NCRI Plan on Women’s Rights and Freedoms
In examining articles 8 and 12 of the National Council of Resistance of Iran’s plan concerning women’s freedoms and rights, we delve into critical issues related to the legal age of marriage and the prevention of sexual exploitation.
Article 8: Freedom in Choosing a Spouse and Marriage
Article 8 emphasizes complete freedom in selecting a spouse and getting married. Marriage should occur only with the mutual consent of both parties and be officially registered. Importantly, marriage before reaching the legal age is strictly prohibited. Furthermore, any form of coercion or imposition on women within family life is forbidden.
Article 12: Prohibition of Sexual Exploitation
Article 12 unequivocally prohibits all forms of sexual exploitation of women under any pretext. It calls for the abolition of customs, laws, and regulations that allow parents, guardians, or others to give girls or women away in marriage or for any other reason.
The Legal Age of Marriage for Girls in Iran
According to Article 1041 of the Civil Code, the legal age of marriage for girls is 13 years old. However, there’s a troubling caveat: “Marriage of a girl before she reaches the full age of 13 years is subject to the guardian’s permission, provided it is deemed expedient by the court.” This loophole allows fathers and government judges to potentially subject girls to sexual exploitation and violence under the guise of practicality.
Shockingly, there are cases where girls are forced into marriage even before reaching this age. Some Iranian girls face punitive punishments as early as age 9.
The root causes of these issues—early and forced marriages, child brides, and sexual exploitation—lie in the existing laws that permit such practices. Moreover, the perpetrators of abuse against women and girls often go unpunished.
This grim reality has persisted during the 44-year rule of the mullahs’ regime, surpassing even the oppressive era of the Shah’s dictatorship.
Forced Marriage: An Example of Patriarchal Backwardness
The mullahs’ laws in Iran grant fathers and paternal grandfathers the authority to force girls into marriage, while mothers are denied the right to intervene in their children’s fate. This stark inequality reflects the oppressive nature of the regime.
Beyond these misogynistic laws, families often find themselves compelled to sacrifice their daughters due to widespread poverty resulting from the regime’s corruption and economic mismanagement. Government experts attribute the prevalence of child marriages to financial hardship. Typically, the father or guardian of the child demands money from the groom’s family in exchange for marrying their daughters.
The Iranian constitution and civil law further compound the problem by defining women and girls as the “honor” of their fathers and husbands, rather than recognizing them as independent human beings. Tragically, when a daughter is murdered, other women in the family often face double violence if they dare to seek justice. Mona Heydari, a victim of the regime’s exploitative policies, suffered a brutal fate in February 2022 due to a forced marriage that left her at the mercy of a husband who considered her his property.
Prohibition of Sexual Exploitation of Women in Free Iran
Article 12 of the Women’s Rights and Freedoms Plan unequivocally prohibits any form of sexual exploitation of women. However, honor killings remain a grim consequence of sexual abuse disguised as marriage, especially when men hold dominion over their families. Victims often suffer in silence, as societal blame and secrecy perpetuate the cycle of violence. Spousal abuse, while a fraction of overall violence against women, remains a pressing issue.
Moreover, violence against women extends beyond private spaces. Daily occurrences on the streets—under the pretext of enforcing hijab rules—and the disrespect shown by government agents in public and detention centers reveal a broader pattern of cruelty. State-sanctioned violence directly fuels spousal abuse.
The Other Side of Women’s Rights and Freedoms
Articles 8 and 12 of the Iranian Women’s Rights and Freedoms Plan serve as political expressions of Iranian women’s real status. These women are the driving force behind the democratic revolution, standing up against Khamenei’s archaic view that confines them to household roles.
From the earliest days of the regime’s rule, tens of thousands of women—both those who sacrificed their lives and those imprisoned as members of the PMOI—have been trailblazers, carrying the torch of truth. Their unwavering commitment continues, exemplified by the 2022 uprising that garnered global admiration. The day draws near when these knowledgeable and courageous women and girls will play a pivotal role in overthrowing the mullahs.
