E/CN.4/1996/95/Add.2
page 10
(c)
In the socio-cultural field
37.
The minority representatives explained that, according to the
Constitution, the Government recognized their right to apply their religious
law in respect of their personal affairs (marriage, inheritance, etc.) and
their community affairs. It was stated that, in some cases and in some
situations, it had had to be decided whether it was appropriate or lawful for
the Shari’a to be applied to non-Muslims, for example, when rulings by public
courts conflicted with a minority’s religious law. In some cases, the
Guardian Council had ruled in the minority’s favour.
38.
The Islamic principles established by the Iranian Government in
connection, inter alia, with the Islamic dress code, the separation of the
sexes for sports activities and the prohibition on alcohol consumption apply
to minorities in public life. According to their traditions and values,
however, minorities are exempt from these principles in private life,
including the home and community centres. This explains why the authorities
prohibit access to community centres by Muslims (who have to obey the
above-mentioned principles), except on special occasions, such as sporting
events.
39.
As far as socio-cultural activities are concerned, minorities have
community centres and cultural (newspapers, for example), social, sports and
charitable associations (retirement homes, hospitals), which they finance
themselves. The Deputy Minister of Cultural Affairs in the Ministry of
Culture and Islamic Guidance stated that these activities were carried out
unrestrictedly within the framework defined by the State. Particular
attention was drawn to the active participation of minorities in the cultural
field (painting, cinema, music, theatre) and their key contribution to the
Iranian heritage (places of worship classified as historical monuments). The
authorities also encourage publications, films and radio and television
programmes on minorities and their culture and religion in connection with
work done by Muslims and non-Muslims.
40.
The comments made by the authorities and minorities on religious
publications (para. 33) also apply to publications in general. Minorities
sometimes have problems when the content of their publications, including
those of a historical nature, relates to sensitive issues such as the
conversion of Muslims to another religion.
(d)
In the field of education
41.
Minority children can choose between public schools and minority schools
supervised by the Ministry of Education, which draws up curricula and finances
national education staff and school textbooks, including religious instruction
textbooks. Minorities, which are the legal owners of the buildings, finance
the maintenance of premises and take part in the purchase and maintenance of
school equipment through private donations and donations from parents and
religious institutions.
42.
The Islamic criteria relating to the dress code and the separation of the
sexes are applicable, but this causes the minorities a serious problem because
these schools belong to them in principle. The Jewish minority wanted the