E/C.12/1993/7
page 3
expressed at its fifth session in 1990 about the situation of certain minority
groups, which have not been satisfactorily answered in the course of the
present session:
(a)
Violation of the rights of the Baha’i community;
(b)
Violation of economic, social and cultural rights in addition to
violation of political and civil rights;
(c)
Discrimination on religious grounds in the educational system;
(d)
Insufficiency of the education offered to the children belonging to
the Kurdish minority;
(e)
Prohibition of the admission to university of Baha’is;
(f)
Restriction of freedom of debate and choice in the university
institutions;
(g)
The situation of the Kurds and the disparities that exist between
the different ethnic and economic groups in the enjoyment of their rights to
education, to work, to travel, to housing and to the enjoyment of cultural
activities.
6.
The Committee expresses its particular concern with respect to the
non-performance by the Government of Iran of its obligation under article 3 of
the Covenant, under which the States parties undertake to ensure the equality
of men and women to the enjoyment of all economic, social and cultural rights
set forth in the Covenant. In that connection the Committee finds that the
situations: in which women are not permitted to study engineering,
agriculture, mining or metallurgy or to become magistrates; in which they are
excluded from a very large number of specific subjects at university level;
and in which they need their husbands’ permission to work or travel abroad; to
be incompatible with the obligations undertaken by the State party under the
Covenant. The Committee seeks further clarification as to which women’s
rights have been "revived" in accordance with article 20 (i) of the
Constitution.
7.
In relation to the right to take part in cultural life, the Committee
would also like to have more precise information on legislation and policies
protecting creative freedom. In particular, the Committee expresses its grave
concern at the negative implications for this right of the issuance of
fatwahs. During the Committee’s examination of the report, several members
drew attention in this regard to the case of an author, Mr Salman Rushdie.
While appreciating that fatwahs are issued by the religious authorities and
not by State organizations per se, the question of State responsibility
clearly arises in circumstances in which the State does not take whatever
measures are available to it to remove clear threats to the rights applicable
in Iran in consequence of its ratification of the Covenant. The Committee
calls upon the Government of Iran to affirm that it rejects the acceptability,
in terms of its international human rights obligations, of the issuance of
such fatwahs. It also requests the Government to assure the Committee that if