On the occasion of November 20, the anniversary of the ratification of the Convention on the Child Rights!

 International support for Iranian children "for freedom"

 

Open letter to:

Save the Children Sweden

Save the Children Geneva Headquarter

UNICEF Sweden

UNICEF Geneva Headquarters

United Nations

Geneva Human Rights Committee

Amnesty International Sweden

Amnesty International London Headquarter

International Labor Organization, Children's Office

Copy to:

Kailasih Satirathi, the founder of the Global March "Global March against Child Labor", recipient of the Nobel Peace Prize

Malala Yousafzai -- activist for children's rights, especially the right of education for girls. Recipient of the Nobel Peace Prize

Simon Ek, author of the Convention on the Rights of the Child
 
Greetings and Regards!
You must be aware of the people's revolutionary fight against the Islamic regime in Iran and the active and glorious and exciting role of Iranian children and youth in the protests and their cry for freedom, along with the cruel and tragic murder of CHILDREN, along with the most heinous and brutal way as possible, from beatings up to torture, and You know about the shooting of even a 6-years-old child who was just looking out the window at the street in the city of Bukan. In addition to this brutal killing of more than 50 children, the forced recruitment of another part of children who are working children or homeless children, arming them and sending them to the streets to suppress their peers. During its 43-years rule, the Islamic Republic has enacted clear laws against children in the name of Islamic protection of children, including the civil labor laws, jurisprudence, and criminal laws, and by violating agreements including the political rights of citizenship and the prohibition of the death penalty for children under 18 years old - which we draw your attention to the text under this letter, with gender discrimination against female children and gender segregation of educational substances, removing the image of female children from the school books cover. Even Iran’s  reconciliation of  the Convention on Children's Rights, which in its first paragraph clearly contradicts the definition of childhood with the Convention on the Rights of the Child and has declared the age of puberty for female children to be 9 years old, was removed from the agenda of the Iranian government, and the national document for the protection of children's rights issued by the president  Raisi took office and his clear opposition to the 2030 project of the United Nations, especially the provisions related to children's education, was placed on the agenda. We expect that your organization
1-Declaring clearly your support for the children of Iran and expel the Islamic Republic of Iran from all the formal agreements it has made with your institutions in the field of children due to the violation of children's rights.

2- In order to support the children of Iran, put symbolic actions on the agenda at the international and local level. From a solidarity night with the children of Iran, to the request from the organizations of schools that pupils to clap and stamp their feet for a minute in respect of those children that killed in protest against government's brutality and for "freedom" in Iran.

3- Indict the Islamic Republic for violating international laws of children's rights, especially infanticide and forced recruitment of children.

4- Defend child rights activists and the right to have child rights organizat³ions.

5- Continued cooperation for the immediate holding of a special session in the UN Human Rights Council.

6- Forming an international fact-finding committee to investigate the causes and methods that victims were killed, especially the children who were killed in this period.

7- Sending international observers to be present in Iran and follow up and supervise the trial of detainees, especially detained children.

8- Supporting and providing legal services to children and children's rights activists

9- Prohibition of using children as a tool of repression.

 

Awaiting your actions and expressing your support with regards again

 

Suzan Bahar, Secretary of the Society for Abolition of Child Labor

The chief secretary of Darvag's children's and youth magazine.

November 20, 2022

 

·       "Article 1210 (The Civil Code of the Islamic Republic of Iran) - No one, when reaching the age of majority, can be treated as under disability in respect of insanity or immaturity unless his immaturity or insanity is proved.

 

Note 1 - the age of majority for boys is 15 lunar years (14 years and 7 months) and for girls 9 lunar years (8 years and 9 months)."

"Note 2 - The properties which had belonged to a minor who has now reached the age of majority may be given to him only if it has been proved that he has full legal capacity."

The Islamic penal code also functions according to the above age category and hence, allows for death by execution for offending children under the age of 18.

Ironically, "Note 2" of "Article 1210" however, does not recognize the rights of ownership by the hard work of "minors" unless the child has proved his/ her "full legal capacity". 

 

·       Article 1041 (The Civil Code of the Islamic Republic of Iran)- Marriage before the age of majority is prohibited.

 

     Note -Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward’s interest is proper.

 

The marriage age in Iran allows any girl child who has reached 13 Lunar years of age to be married. The "Note" to "Article 1041" however, would allow marriage before puberty with the consent of the guardian. Taking into account the financial and cultural poverty of many poor families who struggle to support the livelihood of their loved ones, this would only lead to devastating consequences, including death of underage (below 18) girls. The recent death of a Yemeni child bride, age 8, of internal bleeding, is a prime example of such catastrophic consequences to the victim and her family.

 

·       Articles 79 to 84 (The Labour code of the Islamic Republic of Iran)-

 Sec. 79. It shall be prohibited to employ any person under 15 years of age.

 

However, under “Chapter XII, Miscellaneous Provisions, section 188”, and 168 the above Article is nulled by the following “Provision”:

 

“Any person subject to the Civil Service Act or to other special laws and regulations, and any worker in family workplaces where work is performed exclusively by the employer, his wife and his blood relatives in the first degree, are not subject to the provisions of this Code.”

Article 220 of Islamic Republic Penal Law states that: “A father or paternal grandfather who kills his child, shall not be subject to capital punishment of retribution law (Ghesas), but has to pay reparation to the heirs of the victim and undergo a reduced beating sentence.”
 

According to The religious jurisprudence laws and in the particular case of children’s punishments by the parents, the law allows the parents to physically punish their children, but not beyond the limits of correction! This means that violence towards the child to the limits where death may occur, is permissible.

  

·       Article 49 of Islamic Republic Penal Law states that: “Children, in case of committing an offence, are exempt from criminal liability; and their correction is the responsibility of their guardians or, if appropriate, the Juvenile Correction and Rehabilitation Centre.

 

Note 1 -A child is a person who has not reached the age of puberty as stipulated in Islamic "Shari'a".

 

Note 2 -If, in order to correct child offenders, corporal chastisement is deemed necessary, it must be moderate and expedient.

 

According to Article 1210 of Civil Code, however, a girl child above the age of 9 lunar years and a boy child above the age of 15 lunar years can be subjected to the Islamic Penal code as adults, which includes death by execution.

 

Since 1990, The Amnesty International has reported 21 cases of execution of children under the age of 18. Eleven cases related to children who had not yet reached the age of 18, while the remaining ten child victims had endured life in prison until they were 18 years of age before they were executed.

 

We demand the abolition of Islamic Republic of Iran’s penal laws against the children as described in "Article 1210 of the Civil Code", with respect to the age of majority.

We demand the abolition of death penalty in its entirety.

 

Article 37 of the Convention on the Rights of the Child, to which the Islamic Republic of Iran is a State Party to, clearly states that:

 

“No one is allowed to punish children in a cruel or harmful way. Children who break the law should not be treated cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release."

 

Another specific case of violation of children’s rights in Iran is the disastrous condition of Afghan children and children who are born through marriage with Afghan men living in Iran. Section 2 of Article 976 of the Civil Code defines an Iranian subject as: “Those born in Iran or outside, whose father is Iranian”. By this definition, any child born as a result of marriage between an Afghan man and Iranian woman will not be recognised as an Iranian subject and hence will not be allowed to have an Iranian Birth Certificate.

With reference to official statistics, in the province of Khorasan alone, there are 56000 children whose fathers are of Afghan origin with Iranian mothers, who have been denied to be issued with a Birth Certificate. Due to such reactionary discrimination, these children, amongst other Afghani children living in Iran, are deprived from education and hence drawn into enduring the harsh and hostile environment of child labour market in Iran. We demand that all such children are issued with a Birth Certificate without any delay, with open facilities of free and mandatory education of prime standards.