E/C.12/IRN/CO /2 C. Principal subjects of concern and recommendations 4. The Committee is concerned that the State party interprets articles 4 and 20 of its Constitution in a manner that is inconsistent with its obligations emanating from the Covenant, including with regard to the issues covered in paragraphs 7, 9, 12 and 18 of the present concluding observations . The Committee recommends that the State party ensure that all the obligations of the Covenant are fully respected under all circumstances and that Constitutional provisions, in particular articles 4 and 20, are applied in a manner consistent with the provisions of the Covenant. The Committee draws the attention of the State party to its general comments No. 3 (1990) on the nature of States parties’ obligations and No. 9 (1998) on the domestic application of the Covenant, and refers to the duty of States parties, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. 5. The Committee is concerned that the State party has not yet established an independent national human rights institution, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). The Committee recommends that the State party take steps to establish an independent national human rights institution with a broad human rights mandate, including for economic, social and cultural rights, in line with the Paris Principles, and provide it with adequate human and financial resources. 6. The Committee is concerned that the State party discriminates against religious communities other than those belonging to Islam, Christianity, Judaism and Zoroastrianism, which seriously and negatively affects the people’s enjoyment of economic, social and cultural rights. The Committee urges that the State party take steps to ensure that people with beliefs other than the religions recognized by the State party can fully enjoy all aspects of economic, social and cultural rights, without any discrimination. 7. The Committee is concerned that consensual same-sex sexual activity is criminalized and that convicted persons may even receive the death penalty. It is also concerned that members of the lesbian, gay, bisexual, and transgender community face discrimination with respect to access to employment, housing, education and health care, as well as social stigma and marginalization (art. 2). The Committee recommends that the State party repeal or amend all legislation that results or could result in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity. The Committee recommends that the State party take steps to combat and prevent discrimination and societal stigma against members of the lesbian, gay, bisexual and transgender community, and ensure their enjoyment of all the rights enshrined in the Covenant, including unhindered access to employment, social services, health care and education, in line with article 2, paragraph 2, of the Covenant and the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights . 8. The Committee is concerned that members of the Baha’i community face widespread and entrenched discrimination, including denial of access to employment in the public sector and institutions of higher education, as well as to benefits of the pension system (art. 2). The Committee recommends that the State party take steps to ensure that members of the Baha’i community are protected against discrimination and exclusion in every 2

Select target paragraph3