Source: Change for Equality, Tehran
In a statement issued today, 2000 equal rights
defenders have objected to the Family Support Legislation submitted to
parliament by the executive branch, earlier this month. The statement asserts
that while lawmakers have claimed that the Family Support Legislation intends to
address shortcomings in the law and bring it up to date in accordance with the
needs and realities of today’s family, it has in fact pushed back family
legislation and the status of women by 42 years.
The statement reads: "at a time when
Iranian society, more than ever before, insists on the adoption of just and
humane laws, and while equal rights defenders are working collectively in the
form of efforts such as the One Million Signatures Campaign, to change existing
discriminatory and unequal laws, such as blood money, inheritance, and testimony
and are seeking equality for women in their rights to divorce, child custody,
nationality, travel abroad, and are demanding an abolishment of polygamy, not
only does this proposed legislation not adhere to these demands, but reverses
existing rights from women. This legislation has not only in its totality
disregarded the dignity and humanity of women, but in Article 23 it proposes to
eliminate a women’s say in her husbands right to take on a second wife, a right
currently accorded to women by law. The proposed legislation in Article 23
shifts the final decision in cases of polygamy to a court and bases that
decision at the discretion of the judge. The only requirement which men must
meet in taking on multiple wives, based on this new legislation is financial and
based on their ability to support more than one family. The condition of
"justice", in cases of polygamy is also subject to the discretion of the court."
The statement goes further to question how the court is to verify and prove that
justice can actually be adhered to by a polygamous man, when the consecutive
marriage is yet to take place and when no evidence of just or unjust treatment
of wives can be proved.
The statement also claims that this
legislation should aptly be named as the Male Support Legislation, instead of
its current name, as in all its provisions it does nothing but seek to
destabilize the family unit and promote desires on the part of some men to do as
they see fit, without regard to how their actions impact their wives, families
and others.
The statement also criticizes several
other provisions in this proposed legislation, including a provision in article
25 which calls for the Ministry of Finance to specify a ceiling for dowry rates
that must be adhered to by women entering into marriage. This article imposes a
tax on dowries which exceed this official amount. The statement criticized this
proposed provision, by claiming that "while women still have no rights to
divorce and can no longer even object to their husband taking on a second wife,
you are asking new wives to pay a tax to the government on a dowry which they
may not have even collected or may never collect." The statement also condemns a
provision in Article 2, which calls for the presence of three judges in family
court and has not required these judges to be female, but rather states female
judges should be present only if possible. The statement criticizes this
provision on the basis that it does not provide a friendly environment for women
to air their grievances, giving them a distinct disadvantage in family court.
Further, the statement criticizes article 22 of this proposed legislation, which
states that the official registration of temporary marriage or Sigheh is no
longer necessary and postpones regulation of temporary marriage to a directive
to be issued in the future by the Minister of Justice. The statement in this
regard reads: "we don’t yet know what this directive will entail, but surely
until its issuance we will be witness to increased numbers of women, who cannot
legally prove that they have a husband and we will be witness to the birth and
suffering of children resulting from temporary marriage, who will not be allowed
to obtain birth certificates."
The statement goes on to claim that
"unfortunately under the current legal system in our country, the human unit is
a male unit, and women’s human and legal rights are assessed at half of men’s.
These discriminatory laws have cast a shadow on our society and impact
negatively women from different ethnic and religious groups, creating crisis and
disrupting the foundation of family life, especially for women from lower
socio-economic sectors. Despite all this, government officials instead of
offering logical and just solutions for the improvement of the status quo, have
proposed legislation which is inhumane in its treatment of women and offers men
with power and the financial means to do so, the opportunity to take advantage
of these inhumane practices….As if the current law, allowing for polygamy which
is in and of itself humiliating for women, was not enough, government officials
have decided to take up the task of making the situation worse for women. The
news about this proposed legislation was indeed alarming and frightening for the
public and especially for families, forcing all Iranian equal rights defenders
to take a stand and to object."
In its final paragraph the statement
boldly calls for the unconditional reversal of all discriminatory laws
especially laws which allow for polygamy and temporary marriage. "We announce
that should the Islamic Consultative Assembly (Parliament) not remove this
proposed legislation from its agenda, we will be forced to employ more serious
measures. Should this proposed legislation be introduced to the full parliament,
without doubt we will make voice our demands for justice and our MPs will not
get through the day, without our presence in [in the form of public protest] in
front of the Parliament."
Earlier in the week a seminar was held by
the public relations committee of the One Million Signatures Campaign to analyze
the proposed Family Support legislation. Analysis was provided from a legal,
social and psychological perspective. The speakers included, Ms. Farideh
Gheyrat, lawyer, Ms. Nasrin Sotoodeh, lawyer, Dr. Shahla Ezazi, Sociologist and
Dr. Shiva Dolatabadi, Psychologist, with panel chairs, Zohreh Arzani, lawyer,
and Shahla Entesari, Social Worker. Without exception, all presenters found the
proposed legislation and the practice of polygamy in particular as extremely
damaging for families and for women. A special guest speaker also shared with
participants her story and discussed the emotional and financial devastation she
experienced when on her thirtieth anniversary she discovered that her husband
had taken on a second wife 10 years earlier. This statement objecting to the
proposed Family Support legislation was first read at this seminar. A report of
this seminar will be translated and made available on this site in the
future.
Read the statement in Farsi
Read the report of the seminar in Farsi
... Payvand News - 9/10/07 ... --
