THE EFFECTS OF IRAN'S JOINING TO CEDAW ON IRANIAN CIVIL CODE

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ARFA NIA BEHSHID; DASHTIZADEH MARYAM

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Journal: AZAD LEGAL RESEARCHES Year:2011 | Volume:- | Issue:11 Page(s): 9-37

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Title

THE EFFECTS OF IRAN'S JOINING TO CEDAW ON IRANIAN CIVIL CODE

Author(s)

ARFA NIA BEHSHID | DASHTIZADEH MARYAM | Issue Writer Certificate

Keywords

DISCRIMINATIONQ2

WOMAN'S RIGHTQ3

ACCESSIONQ2

ISLAMQ2

CIVIL CODEQ2

JUSTICEQ2

Abstract

The Convention on the Elimination of all Forms of DISCRIMINATION against Women (CEDAW) is an international convention adopted in 1979 by the United Nations General Assembly. 186 countries are States parties to the CEDAW, meaning that they agree to be bound by its terms. (As of 5 May 2009) The Iranian parliament passed a bill in 2003 which ratified the convention, but this was rejected by the Guardian Council. Since then, the final decision is left upon the Expediency Council. A number of Iranian legal scholars opposed to ratification of CEDAW argue that, the convention contradicts ISLAMic principals as well as Iranian constitution and civil law. However, those legal scholars in favour of joining CEDAW reject the opposition group's argument. This group of scholars believe that there are explicit and unjustified contradictions in Iranian laws concerning equality between men and women's rights. These contradictions are more evident in a number of civil law related matters such as: nationality, labour and inheritance.In this regard, they propose that Iran can enter reservations to particular articles which are not compatible with the explicit text of Quran. They also believe Iran's ratification of CEDAW will bring about a valuable opportunity to rectify some of the discriminatory aspects of Iranian laws and regulations.In addition, they suggest that the adoption of CEDAW will eliminate the ambiguities of Iran and ISLAM in the eyes of the international community. In this context, it must be mentioned that these scholars employ the same arguments in order to call for further changes of women's rights in Iranian CIVIL CODE.

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APA: Copy

ARFA NIA, BEHSHID, & DASHTIZADEH, MARYAM. (2011). THE EFFECTS OF IRAN'S JOINING TO CEDAW ON IRANIAN CIVIL CODE. AZAD LEGAL RESEARCHES, -(11), 9-37. SID. https://sid.ir/paper/219679/en

Vancouver: Copy

ARFA NIA BEHSHID, DASHTIZADEH MARYAM. THE EFFECTS OF IRAN'S JOINING TO CEDAW ON IRANIAN CIVIL CODE. AZAD LEGAL RESEARCHES[Internet]. 2011;-(11):9-37. Available from: https://sid.ir/paper/219679/en

IEEE: Copy

BEHSHID ARFA NIA, and MARYAM DASHTIZADEH, “THE EFFECTS OF IRAN'S JOINING TO CEDAW ON IRANIAN CIVIL CODE,” AZAD LEGAL RESEARCHES, vol. -, no. 11, pp. 9–37, 2011, [Online]. Available: https://sid.ir/paper/219679/en

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