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