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Y1 Reaserch Paper Madara Memmēna
Y1 Reaserch Paper Madara Memmēna
Introduction...........................................................................................................................................4
Chapter 1...............................................................................................................................................6
1.1 Origins of veiling in Iran...............................................................................................................6
1.2......................................................................................................................................................6
Chapter 2...............................................................................................................................................7
2.2 constitutional revolution.............................................................................................................7
2.2 Pahlavi dynasty............................................................................................................................8
2.3 Creation of Republic of Iran.........................................................................................................9
Chapter 3.............................................................................................................................................10
3.1 The Convention on the Elimination of all Forms of Discrimination Against Women (CEWED)...10
3.2 Universal Declaration of Human Rights (UDHR).........................................................................11
3.3 International Covenant on Civil and Political Rights(ICCPR).......................................................11
4.1 The start of the Mahsa Amini demonstrations..........................................................................13
4.2 Measures Irans government takes to.........................................................................................15
4.3 Measures taken to control Irans arbitrary actions.....................................................................16
Conclusions..........................................................................................................................................18
Abstract
The Mahsa Amini death protests hold global significance due to the lack of freedom
of expression and equal rights afforded to Iranian women. The present literature review
delves into the past association between the Islamic faith and legal frameworks, with a
particular emphasis on the societal position of females in Iran. The text delves into an
analysis of both international and domestic legal frameworks, exploring the concept of
freedom of expression and evaluating Iran's compliance with its duty to protect women's
rights in this regard. The present research investigates the protests as a significant event in the
advancement of women's liberation, the right to express oneself freely, and equal
opportunities. The study comprises four primary sections. The study seeks to investigate the
extent to which the Iranian government restricts women's freedom of expression in
accordance with Article 19 of the International Covenant on Civil and Political Rights
(ICCPR).
Key words: freedom of expression, women’s rights, hijab, ICCPR Article 19,equal
rights.
Summary
The present study centers on the historical and evolutionary path of women's rights
and their freedom of expression, with a specific emphasis on the practise of veiling in Iran.
This study delves into the religious and cultural implications of the veil, examining its
inception in Islamic scriptures and its assimilation into various societal factions throughout
history. This paper examines the imposition of veiling on Iranian women subsequent to the
1979 revolution, as well as the various types of hijab that are enforced.
The article additionally explores the legal framework topic of women's rights in Iran.
The text delves into the impact of religion on the development of Iranian laws, as well as the
diverse political systems that have shaped the expectations placed on women with regard to
the practice of veiling. The text underscores the incongruities that exist between Islamic
doctrines and the constraining interpretations enforced by Iranian legislation, resulting in
curtailed opportunities for women to exercise their autonomy and voice their opinions.
The present study scrutinizes the global legal structure pertaining to the rights of
women and their liberty of expression. The text examines the International Covenant on Civil
and Political Rights (ICCPR),Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) and the Universal Declaration of Human Rights (UDHR), three
legal instruments that acknowledge the significance of women's rights and equality. The
manuscript places emphasis on the entitlement to freedom of speech, as established in global
agreements, and underscores the obligations of nations in guaranteeing gender parity and
safeguarding the rights of women.
This study offers a thorough examination of the historical, cultural, legal, and political
dimensions of women's rights and freedom of expression, with a specific focus on the
practice of veiling in Iran. Ultimately, the findings of this research paper provide a
comprehensive overview of these complex issues. The statement underscores the importance
of adopting a well-rounded strategy that upholds cultural and religious values while
simultaneously protecting women's independence and equality.
Introduction
The protests surrounding the Mahsa Amini death hold considerable importance and
are being noticed on a global scale. Iranian women have the right to exercise their freedom of
expression and enjoy equal rights. The Unveiling movement goes beyond the mere act of
refusing a garment and rather constitutes a struggle for democratic freedoms. The issue of
women's rights in Iran's constitution is a critical concern for Iranians who seek to enhance
democratic provisions and promote freedom of expression within the country's legal
framework. The religious constitution of Iran does not acknowledge the concept of freedom
of expression. The Islamic Republic of Iran is characterised by an authoritarian regime that
restricts the scope of democratic practises.
The research is structured into three main sections, each consisting of a unique set of
subtopics.
The aim of the research is to ascertain a response to the inquiry under investigation
and arrive at a conclusive resolution.
3) Evaluate the extent to which the Iranian government restricts the attempts of its
people to demand for freedom of expression and democracy within the legislation of Iranian
law.
1.2
Citation of the 24:31 verse of the Quran: “Tell believing men to lower their glances
and guard their private parts; that is purer for them. God is aware of everything they do. And
tell believing women that they should lower their glances, guard their private parts, and not
display their charms beyond what [it is acceptable] to reveal; they should let their
headscarves fall to cover their necklines and not reveal their charms except to their husbands,
their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their
brothers’ sons, their sisters’ sons, their womenfolk, their slaves, such men as attend them who
have no sexual desire, or children who are not yet aware of women’s nakedness; they should
not stamp their feet so as to draw attention to any hidden charms. Believers, all of you, turn to
God so that you may prosper." [3]
Citation of 32:33 verse of the Quran – “Wives of the Prophet, you are not like any
other woman. If you are truly mindful of God, do not speak too softly in case the sick at heart
should lust after you, but speak in an appropriate manner; stay at home, and do not flaunt
your finery as they used to in the pagan past; keep up the prayer, give the prescribed alms,
and obey God and His Messenger.”[1]
Citation of verse 33:59 of the Quran – “ And those who undeservedly insult believing
men and women will bear the guilt of slander and a flagrant sin. Prophet, tell your wives,
your daughters, and women believers to make their outer garments hang low over them so as
to be recognized and not insulted: God is most forgiving, most merciful.”[2]
In these three references to women's clothing under the Quran, the name hijab is not
used. The Arabic word khimar refers to women's headscarves (Q 24:31), hijab to their outer
clothes (Q 33:59), and zinah (unapproved sexual interactions) to their "finery" (Q 32:33).
Under the Quran, wearing a veil is not stated as an obligation for women, more as a
suggestion for the women to wear a veil, in this way protect themselves from the unwanted
looks of men, and to protect their sacredness. Under the constitution of Iran, men have
created laws interpreting the verses of the Quran and forcing women to wear veils, limiting
women’s freedom of expression.
Chapter 2
The political regimes of Iran have a lengthy history of repressing women. The hijab is
increasingly being employed by women as a political emblem. By abstaining from wearing
the veil, they are expressing their dissent towards the Iranian government's regulation of their
bodies and their autonomy to determine their attire, which is perceived as oppressive. The
opposition to enforced obligations extends beyond the realm of sartorial choices,
encompassing a call for equitable entitlements and unrestrained self-expression, thereby
rejecting the patriarchal norms imposed by religious extremists. The author underscores that
the refusal to wear the veil should not be equated with the repudiation of Islamic tenets.
Iran is a Muslim country that practices Islamic principles in government and society.
Iran during the Safavid period(1501- 1722), established the first government driven by
religious beliefs. Religion throughout history has had a significant role, later shaping the
legislation of Iran. In the past century, Iran has gone through three different regimes,
imposing different obligations on Irani women.[3]
However, the unveiling was a progressive measure that gave many women more
freedom for their appearance in public, women were able to wear European and Western-
style clothing[1].
Khomeini drew together Islamic believers who rejected and despised the Pahlavi
regime and its attempt to guarantee women the same rights as men. Moreover, protesting
Iranians were dissatisfied with the Shah's regime due to the growing gap between social
classes. Pahlavi’s regime was overthrown in 1979 [2].
Islamic Republic of Iran under Khomeini suppressed secular dissent and took over
both political and religious institutions. However, shortly after a few years, the regime's
pledges of gender equality were watered down; in 1983, mandatory hijab law was
implemented, women were prohibited from holding government positions, and Sharia law
was reintroduced into family law [3]. The hijab was portrayed as a symbol of modesty and
agreement with God. The new regime employed mass media propaganda; if women
disobeyed wearing hijab, it was considered anti-Islamic. By not wearing veil, women violated
Iran Penal Code Article 638 : “Anyone who explicitly violates any religious taboo in public
beside being punished for the act should also be imprisoned from ten days to two months, or
should be flogged (74 lashes)”1. Women who appear in public without a proper hijab should
be imprisoned from ten days to two months or pay a fine of 50,000 to 500,000 Ryal.
1
(Iran n.d.)
Chapter 3
This chapter centres on the international legal framework and the regulations within
Iran's domestic law that are intended to safeguard women's right to freedom of expression.
The concept of freedom of expression includes the ability of individuals to convey
their cultural, personal, or religious identity or values through their choice of attire. The
fundamental principles of freedom of expression and freedom of religion or belief necessitate
the provision of autonomy to individuals in determining their attire choices. The right to
articulate personal viewpoints and disseminate information in any medium is universally
recognised. The concept referred to as the ability to freely express oneself is commonly
known as the right to freedom of expression within the realm of human rights. Freedom of
expression is a fundamental right that restricts the state and other members of society from
engaging in censorship. However, limitations on this right may be imposed only in
exceptional circumstances.
States Parties shall take all appropriate measures to eliminate discrimination against
women, CEDEW provides a legal framework to recognize women’s rights and equality,
giving them the freedom to express themselves in society, by guaranteeing freedom of
expression for all women. [2]
UDHR, Article 19: “Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.." [3]
While CEWED protects women’s rights and prohibits discrimination in all fields
without specific articles on freedom of expression, the Universal Declaration of Human
Rights, Article 19, clearly states the protection of freedom to expression for all humans,
including women.
3) The exercise of the rights provided for in paragraph 2 of this article carries with it
special duties and responsibilities. As a result, it might be subject to some limitations, but
only those that are necessary and permitted by law:
3(2) For the protection of national security, of public order (order public), or of public
health or morals.
Iran's ratification of the ICCPR provides it with the opportunity to potentially invoke
its breach of Article 19. The International Covenant on Civil and Political Rights (ICCPR)
provides a mechanism for individuals to report violations to the Human Rights Committee, an
independent body of experts responsible for monitoring the implementation of the ICCPR.
The ICCPR committee duly receives and evaluates submissions from individuals, non-
governmental organisations, and states parties pertaining to purported breaches of the ICCPR.
Furthermore, it possesses the authority to proffer suggestions and summon measures to
redress violations of human rights. Submitting complaints to the Human Rights Committee
can serve as a means to ensure governmental responsibility and encourage the observance of
human rights.
Domestic constitutions should impose laws that guarantee equality for all humans.
ICCPR and UDHR require the right to freedom of expression, which is protected in Article
19 of the treaties, requiring states to guarantee the right to seek, receive, and access
information or ideas of any kind, no matter the border, however, the same conventions also
acknowledge that there are limitations to freedom of expression in order to protect the rights
and reputations of others and for reasons of national security, public order, or public health
and morals..
The scope of the right to freedom of expression is wide and includes many important
elements, such as the right to freedom of opinion, this right applies to all humans regardless
of their race or ethnicity, nationality, sex, gender identity or sexual orientation, religion, or
political opinion. This right allows freedom of expression of ideas of all kinds, including
politics, commentary on one's individual and societal issues, discussions of human rights,
journalism, cultural and artistic expression, teaching, and religious discourse, an expression
that some individuals regard as highly negative or disagreeable.
3.4
Under Constitution of the Islamic Republic of Iran Article 202:
“All citizens of the country, both men and women, equally enjoy the protection of the law
and enjoy all human, political, economic, social, and cultural rights, in conformity with
Islamic criteria.”
Chapter 4
In the Islamic Republic of Iran, women are regarded as equal to half of men. The
constitutional rights of women differ from those of males. The issue of gender inequality and
the disparity between the rights of men and women has garnered considerable global
attention, especially in light of Mahsa Amini's tragic death.
Consequently, they notified her brother that she was being escorted to an educational
instance. According to eyewitness accounts, Amini was allegedly coerced into a law
enforcement vehicle and subjected to physical violence by the authorities.
After a lapse of two hours, the Morality Police informed Amini's brother, who had been
waiting outside the police station for his sister, that Mahsa Amini had experienced a cardiac
2
arrest and cerebral seizure. Following her subsequent lapse into a comatose state, she was
transported to a medical facility, where she ultimately passed away.
Amnesty International released a report in September 2022 that allegedly lacked fair
and comprehensive investigations. The absence of an impartial and open inquiry by the
Iranian government into the demise of Mahsa Amini while in the custody of the morality
police is indicative of the recurring trend of exemption from the punishment that has persisted
throughout the authorities of Iran's past.
In the aftermath of Mahsa Amini's demise, Hossein Rahimi, the police commander in
Tehran, granted interviews to various media platforms, expressing his regret over the
unfortunate incident and expressing his desire to avoid similar occurrences in the future.All
online assertions regarding the cause of death are entirely inaccurate. We are urging
individuals to disregard any unfounded claims or hearsay. There is no evidence to suggest
that the actions of the police were inappropriate in this particular instance.
The Mahsa Amini death and lack of transparency of her death instigated extensive
demonstrations throughout Iran, wherein protesters vocalised slogans against the governing
body and advocated for women's rights, liberty, and cessation of autocratic rule. As a form of
resistance, female protesters participated in the demonstrations by removing their hijabs and
cutting their hair.
The people of Iran are fighting against the suppression of opposing viewpoints within
the Republic of Iran, the infringement upon the rights of women, forceful measures by the
Iranian government, and calling for reform. Throughout the history of Iran, the Iranian
authorities attribute deaths that occur while in custody to suicide, drug overdose, or medical
conditions such as strokes and heart attacks, often without conducting thorough and impartial
investigations.
Ahmad Vahidi, Iran's Minister of Interior, stated in an interview on September 24th that the
findings of multiple investigations indicated the absence of physical assault and skull fracture
in the case of Mahsa Amini. The investigation comprises two distinct issues. According to
Vahidi, the absence of physical evidence of head trauma or bodily harm was confirmed by
the analysis of in-camera footage retrieved from Kasra Hospital and a report furnished by the
Legal Medicine Organisation.
According to official government sources, it has been declared that there was no
incidence of violence perpetrated against Mahsa Amini that led to the fracturing of her skull
or the crushing of her internal organs. The subsequent issue pertains to the underlying reason
for her demise, which necessitates awaiting the conclusive evaluation of the Legal Medicine
Organisation. The Iranian government has a well-documented history of exerting pressure on
families to conduct immediate burials of their deceased relatives without an impartial
autopsy. The absence of government action, lack of transparency, and distribution of
inaccurate information have led to the escalation of protests, ultimately spreading to the
global stage.
4.2 The measures taken by the Iranian government to put down protests.
In the context of protests, security forces have resorted to illegal tactics including the
use of live ammunition, birdshot, and metallic pellets. These measures have led to the loss of
life of several individuals and the injury of thousands of others. Arrest of a significant
number of individuals, including journalists, civil society activists, lawyers, and human rights
defenders. Among those detained are individuals who advocate for women's rights.
The Iranian government has been known to employ coercive measures against its
citizens, thereby infringing upon their basic human rights, including freedom of speech,
resorting to lethal force, and subjecting individuals to cruel and inhumane treatment. This
section of the chapter relates to the discussion of measures implemented by the Iranian
government in order to put down protests.
In November of 2022, an Iranian court imposed the first death sentence on a protester.
The imposition of the death penalty in this context raises important questions about the nature
of the Iranian legal system and its approach to dissent.
According to reports, individuals who have been detained for protesting in Iran have
allegedly been subjected to various forms of mistreatment, including torture. representation
of Iranian women's voices.
According to Amnesty International, over 760,000 individuals from 218 countries and
territories have appended their signatures to petitions advocating for the creation of an
autonomous United Nations mechanism. This mechanism would be responsible for
conducting investigations as a preliminary measure towards achieving accountability for the
gravest offences under international law that have been perpetrated in Iran.
The global populace is asking the United Nations to implement measures aimed at
reducing Iran's violent actions against its citizenry. The Office of the High Commissioner for
Human Rights holds a foremost position in human rights. The role of the UN High
Commissioner includes the promotion of all human rights, facilitating methods of
empowerment for individuals, the provision of assistance to governments in preventing
abuses that may lead to conflicts, and the integration of human rights perspectives into all UN
programs.
It is imperative that the authorities release all individuals detained in connection with
exercising their rights, particularly the right to peaceful assembly. Furthermore, it is
necessary that any charges against these individuals be dismissed.
The Office in question advocates for the Iranian authorities to promptly implement a
cessation of capital punishment and to rescind capital sentences that have been issued for
offenses that do not meet the criteria for the gravest crimes as defined by international law.
In response to the appeal made by Volker Türk, the United Nations Human Rights
Council has established an investigation team regarding the demonstrations that commenced
on the 16th of September, 2022, which have been marked by lethal violence against
protesters.
Iran was removed from the Commission on the Status of Women (CSW) on
Wednesday by the 54-member UN Economic and Social Council (ECOSOC). United Nations
remarks , UN Secretary General António Guterres urged Iran to stop using "unnecessary and
disproportionate" action
UK's Global Human Rights sanctions mechanism aims to deter and punish major
human rights violators. The above offences include torture, degrading treatment,
enslavement, and life preservation. Sanctions have been placed on Iranian cyber police,
police, prison officials, prosecutors, and judges. Iran's morality police, police commanders,
and Basij leaders have been sanctioned by the UK. The Iranian Communications Minister and
Islamic Revolutionary Guard Corps individuals involved to the government's handling of
November 14th protests have been sanctioned by the UK.125 The UK, EU, and US imposed
additional sanctions on important commanders, judicial officials, and the Basij resistance
group in January 2023. Five firms and individuals faced UK human rights sanctions against
Iran.
The claim is that EU sanctions address human rights issues. Iran's morality police and
law enforcement fall under the "October" category. The EU may have sanctioned Amini's
arresters. In December 2022, Iranian security, media, and IRIB were sanctioned. 216 people
have EU restrictions, including 37 asset freezes. These include EU travel prohibitions and
financial resource restrictions.
The "US" entity. The US imposed the most sanctions on Iran. Information is
available from the US Department of State, Iran sanctions, and Congressional Research
Briefing on Iran sanctions. Technology that can monitor or restrict Iranian internet use cannot
be sold to Iran by US corporations. Multiple persons complicit in censorship, internet control,
and other human rights breaches cannot enter the US or deal with it. Companies selling
weapons, rubber bullets, and police batons are also sanctioned.
Conclusions
Considering the historical influence of religion on Iranian legislation, it can be
observed that Islamic beliefs have been imposed. The Iranian leadership has mandated the
wearing of hijab for women, using their interpretation of sacred Quranic texts. A a specific
prohibition for women being in public without hijab, requirement has been imposed. During
the reign of the Pahlavi dynasty, an effort was made to establish a more democratic society.
However, this initiative was met with opposition from religious radicals who believed that the
regime contradicted their Islamic beliefs and weakened Iranian core values.
The demise of Mahsa Amini has raised a series of protests that brought to the fore the
matter of inequitable treatment of women in Iran. The perpetuation of this injustice can be
attributed to the government's employment of violent measures and mistreatment, as well as
its failure to uphold a fair level of transparency and disclosure of information. The
phenomenon of rising injustice towards women under light government regimes is a subject
for decades. The utilization of protest as a pivotal measure in the establishment of a
democratic regime in Iran.
The hijab is currently perceived as symbol representing of women's freedom of
expression. Women who choose not to wear it are engaging in a form of protest political
regimes that infringe upon their fundamental rights. The violation of women's rights by Iran's
domestic laws and leading authorities constitutes a breach of international frameworks that
ensure such rights for women.
To what extent does the Iranian government restrict women's freedom of expression in
accordance with Article 19 of the International Covenant on Civil and Political Rights
(ICCPR)? The proposition that the Iranian government is accountable for violating women's
rights is supported by the fact that they have engaged in the execution of individuals who are
advocating for democratic principles and freedom of speech. It can be argued that the actions
of the Iranian government lack a discernible pattern or principle, and therefore can be
characterized as arbitrary. During protests, the Iranian government continues in implementing
stricter regulations and penalties. Banning of social media platforms, and the imposition of
harsher regulations regarding the hijab law, indicate a high degree of restriction of freedom of
expression in Iran.
The present demonstrations continue, and their results remain indeterminate. The
United Nations and other States has implemented measures in response to Iran's persistent
aggressive actions towards its citizens. It is essential that all stakeholders prioritize
accomplishing the goal of peaceful resolution and upholding the principles of human rights.
The achievement of a more democratic regime, freedom of expression for women, and a
prosperous future for Iran and its people is dependent upon the fulfillment of specific
requirements.