Equal Rights

By Nasim Ghanavi

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

In our continuing coverage of the Universal Declaration of Human Rights, we turn to Article 7, as interpreted by Nasim Ghanavi, a legal expert and a lawyer for the Ministry of Justice. [DOES HE REPRESENT THE MOJ OR IS HE ADMITTED TO PRACTICE BEFORE THE MOJ? TWO VERY DIFFERENT THINGS. WANT TO MAKE SURE WE GET IT RIGHT.]

Article 7 of the Universal Declaration of Human Rights states that in terms of dignity and rights, all human beings are equal and have the right to legal protection. Any discrimination violates the declaration. Every human being is entitled to equal protection (even) against any threat.

Here, I wish to discuss the issue from the perspective of rights in Iran. Article 7 of the Universal Declaration of Human Rights has been incorporated into our Constitution. In Article 19 of the Iranian Constitution, in Chapter 3, which addresses the rights of citizens, it has been stated that, regardless of tribe or ethnicity, the Iranian people possess equal rights; neither color, race, language, etcetera, constitute an advantage.

In Article 20 of the Constitution, it is stated that every citizen, regardless of sex, is entitled to the protection of the law, and every person possesses political, economic, social and cultural rights, while observing Islamic standards.

Therefore, our Constitution has taken these matters into consideration. However, the difficulties that exist are laws that exist elsewhere, which are in effect a violation of the people's rights, such as the law of Islamic punishment, or special laws such as those pertaining to marriage and divorce, or civil law.

For example, in the law of Islamic punishment, the blood money (diyeh) of a woman is half that of a man's. Article 209 of the laws for punishment states that whenever a Muslim man kills a Muslim woman with premeditation, he can be sentenced according to qesas (the concept of an “eye for an eye” in Islamic law). But before the criminal is punished according to qesas (that is, a punishment equal to the crime he has committed), the woman's guardian must pay half of the blood money (diyeh) for the man.

In effect, Articles 19 and 20 of the Constitution have been totally violated by this (concept of punishment).

In Article 210, it is stated that whenever a kafar-e zemni (I don't know what that means – translator) deliberately kills another kafar-e zemni (a zemni infidel), he will be subject to qesas, even though they believe in two different religions. And if the victim is a zan-e zemni (non-believing woman), before qesas, her guardian must pay half the blood money for the male non-believer.

Therefore we see that based on the laws of Islamic punishment, as well as other laws, equal laws do not exist for religious minorities, some tribes and ethnic groups, or, in general, for men and women; some laws are even violated by other laws.

In my view, these laws are not based on the foundations of Islam. We can make changes to them, just as in many other cases, gradual changes have occurred in the law.

In our country, the rights of minorities can (legally) be violated; but everyone must be equally protected under the law. When a person's rights are not equally observed, a country must have a way and method for protecting that citizen.

For example, consider the One Million Signatures campaign. It's clear that their only goal is to eliminate discriminatory laws. Women active in this campaign have neither a political agenda, nor do they belong to a special group or party. Their goal is only to eradicate inequality (working) within the framework of the Islamic system, its laws and sharia law.

Many of the great ayatollahs believe in this issue, and they believe that the rights of men and women are equal. For example, in the case of the share of inheritance and blood money (diyeh), they consider men and women to be equal.

At present, we are a witness to the fact that due to the activities and protests of women, changes have been made in the laws. Women have made themselves heard by the officials.

Although some people believe that the executive or judicial branches of government should support such activities, I must admit that, unfortunately, that is not the way it is. We don't see any kind of support from authorities.

I can speak specifically regarding the One Million Signatures campaign, because I acted as the attorney for many of the women who participated in that campaign.

I must emphasize, again, that working within the framework of rules and regulations, our women made their voices heard by officials in charge. They merely requested the elimination of discrimination and inequality (between men and women). Nevertheless, they were confronted, and some of them were arrested and convicted.

Only two weeks ago, one of the women activists was sentenced to three years in Evin prison. What was her crime? Her presence at an assembly at Hafte Tir Square on June 12, 2006. Merely because of her presence at that assembly, she was sentenced to three years suspended imprisonment (I don't know what "habs-e ta'lighi" means – translator). And, unfortunately, as of the month of Bahman (January 21 – February 19), her sentence was upheld.

Unfortunately, in Iran, we do not benefit from the support granted in Article 7 of the Universal Declaration of Human Rights.