E/CN.4/1996/95/Add.2 page 20 some even went so far as to say that those women were also agents of the State who had sacrificed themselves in the latter’s interests or to whom the penalty imposed would not actually be applied or would not be of long duration. III. CONCLUSIONS AND RECOMMENDATIONS 86. The Special Rapporteur has considered not only the legislation in the field of tolerance and non-discrimination based on religion or belief, etc. (see chap. I of this report), but also the implementation of that legislation and the policy in force (see chap. II). He analysed the situation of the recognized religious minorities - non-Muslim and Sunni - (sect. A) and also that of the non-Muslim minorities, namely the Baha’is and the Protestants (sect. B). 87. Before presenting his conclusions and recommendations concerning those minorities in this final chapter, the Special Rapporteur wishes to point out that, during his visit, he expressed concern, in a communication, at the situation of the Grand Ayatollah Rouhani and his son, Javad Rouhani, at Qom; he is still awaiting a reply from the authorities. 88. With regard to the legislation, the Special Rapporteur has indicated that a State religion is not, in itself, in contradiction with human rights. However, this state of affairs - which is consecrated by the Iranian Constitution - should not be exploited at the expense of the rights of minorities and the rights associated with citizenship, which imply that citizens should not be discriminated against on grounds such as, inter alia, religion or belief. From this standpoint, the concept of Islamic criteria as set forth in article 4 of the Constitution should be precisely defined in regulations or legal texts without, however, giving rise to discrimination among citizens. 89. With regard to the situation of the recognized minorities, as provided for in article 13 of the Constitution, the Special Rapporteur wishes to emphasize that it should be clearly understood that what are meant are inherent rights of minorities, not privileges that have been granted. Concerning professional access by members of minorities to the army and the judiciary (arts. 104 and 163 of the Constitution), the Special Rapporteur recommends that a legislative enactment regulating the administration in general should prohibit discrimination against any Iranian citizen regardless of, inter alia, his or her beliefs or the community to which he belongs. 90. Although the situation of the other non-recognized minorities or communities, such as the Baha’is, is covered by articles 14, 22 and 23 of the Constitution in which the concepts of citizen, individuals and persons are used, the Special Rapporteur recommends that a legislative enactment should give clearer recognition to these rights for every citizen, individual or person, regardless, inter alia, of his beliefs or the community to which he belongs. 91. As to conversion, the Special Rapporteur wishes to draw attention to the fact that the right to change one’s religion is recognized within the framework of internationally established standards in the field of human rights, including the 1981 Declaration on the Elimination of All Forms of

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