Repressive Enforcement Of Iranian Hijab Laws Constitutes Gender-Based Persecution

In March 2023, Iranian authorities proposed new measures to enforce the compulsory wearing of the hijab in the country. These new measures include the use of surveillance cameras to identify and punish women who fail to comply with the dress code. Early April 2023, media outlets reported that Iranian authorities were installing cameras to identify women breaking the dress code. On April 14, 2023, United Nations experts, including Professor Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran and Professor Nazila Ghanea, Special Rapporteur on freedom of religion or belief, warned that the repressive enforcement of Iranian hijab laws, as announced by the State authorities, would result in additional restrictive and punitive measures on women and girls who fail to comply with the country’s compulsory veiling laws.

Recent months have seen a downward spiral in lived experiences of many women and girls, especially following the death of Mahsa Amini, 22, after her arrest by the so-called “morality police.” Mahsa Amini’s death has sparked protests across Iran. Thousands of people have taken to the streets in cities throughout Iran, including Tehran, Ilam, Kermanshah, Mahabad, Sanandaj, Sari and Tabriz. They have been calling for accountability for Mahsa Amini’s death, an end to violence and discrimination against women and girls in Iran, and an end to their compulsory veiling. The peaceful protests have been met with excessive use of force, which resulted in several fatalities. Several women and girls have been killed in such protests, including Sarina Esmailzadeh, 16, Nika Shakarami, 16, Hadis Najafi, 23, and the list goes on.

Compulsory veiling laws are enshrined in Iran’s penal code and other laws and regulations. Among others, under Iran’s Islamic Penal Code, any act deemed “offensive” to public decency is punishable by 10 days to two months in prison or 74 lashes. As such, women seen in public without a veil could spend between 10 days and two months in prison. The law applies to girls as young as nine, the minimum age of criminal responsibility for girls in Iran. However, as the U.N. experts warn, “in practice, the authorities have imposed compulsory veiling on girls from the age of seven at the start of elementary school.” The new measures to enforce the compulsory wearing of the hijab in the country will only add to the persecution of women and girls in the country.

The new measures are to enable the use of surveillance cameras to identify and punish women who fail to comply with the dress code. They are also to allow security and administrative authorities to subject women to arbitrary arrests and detentions, and deny them access to public institutions, including hospitals, schools, government offices and airports.

The U.N. experts confirmed that “such repressive and draconian measures are a manifestation of gender-based persecution and would lead to unacceptable levels of violations of the rights of women and girls in the Islamic Republic of Iran.” They emphasized that “criminalizing refusal to wear the hijab is a violation of the right to freedom of expression of women and girls and opens the door to a range of other possible violations of political, civil, cultural and economic rights.”

The U.N. experts urged Iranian authorities to amend its Constitution, repeal existing gender discriminatory laws, and abolish all regulations whereby women’s dress or behavior in public or private life is monitored and controlled by State authorities. As Iran finds new ways to crack down on women and girls not wearing hijab, the international community must not stay silent. In order to do so, human rights defenders are calling for the recognition of the persecution of women and girls in Iran as gender apartheid.