Progress Amid Resistance

124 WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICAmarching in the demonstrations in large numbers and braving theviolent response by security forces, dramatically illustrating the clashbetween a changing society and an increasingly repressive government.NONDISCRIMINATION AND ACCESS TO JUSTICEUnder the Islamic Republic of Iran, discrimination and segmentation onthe basis of religion and gender have been institutionalized in the constitution,government policies, and state ideology. The system explicitly favorsmen over women, Muslims over non-Muslims, and Shiite Muslims overother Muslim sects. 7 The constitution and the Shari‘a-based penal and civilcodes, especially those sections pertaining to family and personal status,legalize the subordination of women, treating them as second-class citizenswith unequal rights. Women’s rights activists have launched widely publicizedequal-rights campaigns that have been successful within the parametersestablished by the theocracy. However, the overall legal frameworkremains discriminatory, with the state’s theocratic underpinnings consistentlynegating its progressive and democratic elements.For instance, Article 19 of the constitution states: “The people of Iranregardless of ethnic and tribal origin enjoy equal rights. Color, race, language,and the like will not be cause for privilege.” 8 Note that while discriminationon the basis of ethnicity and race is prohibited, neither religionnor sex is mentioned. Other sections of the constitution directly addresswomen’s rights. Article 20 states: “All citizens of the nation, whether menor women, are equally protected by the law. They also enjoy human, political,economic, and cultural rights according to Islamic standards.” Thislanguage carefully avoids a guarantee of equal rights for women, despitethe pledge of equal protection, and the qualifier of “Islamic standards”effectively limits women’s rights to those available under Shari‘a.The preamble and Article 21 glorify motherhood and the family as“the foundation of society,” and obligate the government to offer protectivemeasures in support of the family unit, mothers, orphans, widows,and old or destitute women. The preamble also states that “motherhoodis accepted as a most profound responsibility in the Muslim viewpointand will, therefore, be accorded the highest value and generosity.” 9However, Article 21 calls for the government to grant child custody onlyto “worthy mothers,” and only “in the absence of a lawful guardian.”