Turning the Violation of Iranian Women’s Fundamental Human Rights into Law
On Saturday, October 19, 2024, Hadi Tahan Nazif, spokesperson for the Guardian Council, announced that the council had approved the new Hijab bill and is now submitted to the parliament for the next steps.
This follows an announcement a month earlier, on September 17, 2024, by Mousa Ghazanfari Abadi, who had also confirmed the Guardian Council’s approval of the bill. Later, on September 25, 2024, the spokesperson for the regime’s Parliamentary Cultural Commission said, “The issue has been communicated to parliament, and the speaker of the parliament will soon notify the government about this law.” (Javanonline.ir, September 25, 2024)
In this context, Hadi Tahan Nazif stated, “Several parliament members have already provided updates on this matter, so there was no further need for additional announcements.”
Social Reactions to the Guardian Council’s Approval of the New Hijab Law
Many social media users questioned why, amid the country’s severe crises, the regime is once again raising the issue of the Guardian Council’s approval of the Hijab and Chastity bill. These users pointed to threats of war, the collapse of the rial’s value, economic crises and sanctions, disputes over the ownership of Iranian islands, unprecedented inflation, water and electricity shortages, and land subsidence.
The regime’s parliament approved the new Hijab law on September 20, 2023, exactly one year after the death of Zhina Mahsa Amini and the start of nationwide protests in 2022. The law included numerous harsh punishments and fines for those opposing compulsory hijab. It was meant to be implemented on a trial basis for three years, with the final text reviewed and approved by the Judicial and Legal Commission. However, the back-and-forth between the Guardian Council and the parliament over the bill lasted an entire year through six rounds of review.
One Month Later, the Bill Still Has Not Been Communicated
Now, one month after the Guardian Council’s approval, it still has not been officially communicated by the government or parliament. On October 16, 2024, Shahram Dabiri, Deputy for Parliamentary Affairs under Pezeshkian, responded to a question about whether the government would submit a bill to amend the Hijab and Chastity law. He said, “There are currently no plans to submit a new bill because the previous bill has already been approved, though it has yet to be officially communicated.” (asriran.com, October 16, 2024).
He added, “There are some issues here, and we are considering certain reforms in this area. Dr. Pezeshkian strongly believes that this (i.e., the enforcement of the mandatory Hijab) must be done, but primarily through positive approaches rather than punitive ones.”
It appears that the Pezeshkian government is hesitant to proceed with communicating the bill due to public reactions. At the same time, given the country’s critical situation, the regime is deeply worried about the potential for renewed social unrest and the eruption of another uprising. As a result, alongside an increase in executions, the regime frequently raises the issue of implementing the Hijab law without officially communicating it.
Illegal Implementation of the New Hijab Bill Before Its Drafting
Even six months before the drafting of the new Hijab bill, as early as spring 2023, the regime had already intensified its repressive actions, increasing control and imposing harsh restrictions on women across the country. After the bill was drafted, the regime began enforcing it illegally, even before it became law.
The return of morality police patrols, the deployment of Hijab patrols in streets and metro stations, fining and impounding cars where women were seen without hijab, banning services to unveiled women, sealing shops, restaurants, and businesses that served unveiled women, banning education and employment, the killing of Armita Geravand, the brutal beating of two schoolgirls in the street, and the shooting at Arezou Badri’s car, which left her paralyzed—these are just some of the dimensions of the hellish repression that has become a daily nightmare for Iranian women and the wider population.
According to the regime’s own criminology and criminal law experts, the actions of the State Security Force (SSF) regarding impounding cars, obtaining pledges from individuals regarding the hijab issue, sealing shops, preventing people from being in public places, and sending text messages have no legal basis. All these actions are considered illegal.
The SSF does not even have the authority to issue verbal warnings in these matters. Entities such as the regime’s Security Council, the Headquarters mandated with promoting virtue and forbidding evil, the Headquarters to implement hijab and chastity, and the Minister of the Interior are not legislative bodies and therefore cannot establish legal rights and obligations for individuals, institutions, and businesses.
The State Security Force (SSF) only has the authority to present individuals to the court and nothing beyond that. It is crucial to note that the SSF lacks the authority to arrest people or detain women and girls in police stations or headquarters. (The state-run Roozno.com website, April 14, 2024)
“Detaining women and girls in such places against their will constitutes the crime of illegal detention, punishable by one to three years of imprisonment according to Article 583 of the Penal Code.” (Dadban Legal Consultants Group account, Saturday, April 13, 2024)
The New Hijab Bill Violates Women’s Basic Human Rights
It remains unclear what the final text of the bill approved by the Guardian Council contains or what changes have been made to the initial draft. What is certain, however, is that every clause of the new Hijab bill violates the basic human rights of women.
The bill infringes on personal freedoms and disproportionately targets women, marginalizing them from employment, public life, and even virtual spaces. By criminalizing the provision of services to women who do not comply with the compulsory hijab, it fundamentally disrupts their ability to live.
According to Article 32 of the new Hijab bill, “The condition for any employment or recruitment of women in all government offices, institutions, and even non-governmental educational centers is the observance of the culture of chastity and hijab, not only in public spaces but also outside the workplace and educational environments, including virtual spaces.”
In addition to violent measures against women, the bill emphasizes the expansion of gender segregation in universities, administrative and educational centers, parks, recreational areas, and even in hospital treatment sections.
The penalties related to hijab violations in this bill are harsher than those for many drug-related or weapon-carrying offenses, turning the suppression of citizens into law.
The New Hijab Bill Is an Example of Gender Apartheid
The Office of the High Commissioner for Human Rights stated on September 1, 2023, in which a group of UN Human Rights Council-appointed experts slammed Iran’s Hijab law. The experts said the bill could amount to “Gender Apartheid,” underscoring the global concern over Iran’s increasingly repressive stance on women’s rights.
According to the update published by the UN Fact-Finding Mission, “Since April 2024, State authorities have ‘increased repressive measures and policies through the so-called ‘Noor’ Plan (Noor meaning ‘light’ in Persian), encouraging, sanctioning, and endorsing human rights violations against women and girls flouting the mandatory hijab,’ the update said.
“Security forces have further escalated pre-existing patterns of physical violence, including beating, kicking, and slapping women and girls who are perceived as failing to comply with the mandatory hijab laws and regulations, as evidenced by scores of videos reviewed by the FFM. In parallel, State authorities have enhanced surveillance for hijab compliance in both the public and private spheres including in vehicles, through the increased use of surveillance, including drones.
“Amidst this escalation in violence, a ‘Hijab and Chastity’ Bill is in the final stages of approval before Iran’s Guardian Council and is likely to be finalized imminently. The Bill provides for harsher penalties for women who do not wear the mandatory hijab, including exorbitant financial fines, longer prison sentences, restrictions on work and educational opportunities, and bans on travel.”
Iranian Women’s Response Remains a Resounding No to Compulsory Hijab
Mrs. Maryam Rajavi, the President-elect of the National Council of Resistance of Iran, reacted to the news by stating: “Following the adoption of the mandatory Hijab bill, #Iran’s freedom-loving women tell the Guardian Council, the mullahs’ supreme leader, and his president, Masoud Pezeshkian: No to the compulsory veil, No to compulsory religion, and no to the compulsory government.”
