Women Journalists Without Chains (WJWC) unequivocally urges the Iranian government to renounce the "Hijab and Chastity Law," denouncing it as deplorable and antithetical to both Islamic principles and fundamental human dignity.

The organization asserts that this legislation effectively declares a war on women and girls, serving to bolster the political regime's dominance while retaliating against the "Women, Life, Freedom" movement. By establishing a pervasive framework of gender-based oppression, this law exacerbates the already alarming levels of violence against women and girls.

Recent developments have seen the Supreme National Security Council of Iran postpone the enforcement of the "Hijab and Chastity Law," originally slated for implementation on Friday. In a communication to parliament on Saturday, December 14, 2024, it was conveyed that this temporary halt aims to facilitate the submission of a revised bill to the legislative body. Nonetheless, it is evident that this suspension primarily serves as a procedural step rather than a genuine effort to halt the implementation of this widely criticized law. A parliamentary official has indicated that the revised legislation will be presented to parliament by December 21.

WJWC vehemently condemns the law as a regressive and irrational measure intended to fortify a repressive regime. It signifies a continuation of the government's systematic degradation of human rights, an escalation of state control over women and girls, and a blatant infringement upon women's personal liberties and autonomy.

Entitled "Protecting the Family by Promoting the Culture of Chastity and Hijab," the law consists of 74 provisions. It establishes a convoluted system of fines and restrictions targeting what it deems as inappropriate attire for both genders. Repeat offenders and individuals found to be in defiance of these regulations face severe repercussions, including extended prison sentences, floggings, substantial fines, travel restrictions, and limitations on educational and employment opportunities for women and girls refusing to adhere to the compulsory hijab regulations. Furthermore, the law mandates public and private entities, civil society, and citizens to report any violations they encounter.

This notorious legislation disregards the widespread dissatisfaction among Iranians and the admonitions of tens of thousands from diverse political backgrounds within Iran, who warn that it will only deepen societal fractures during already tumultuous times. The majority of Iranian cultural and religious institutions have rejected this discriminatory law, viewing it as a threat to social harmony in Iran and an effort to stifle the ongoing resistance of women against compulsory hijab laws, dismissing it as a farcical imposition.

A Legacy of Injustice

During his electoral campaign, Masoud Pezeshkian vowed to terminate the enforcement of compulsory hijab regulations and enhance rights and freedoms, including the freedom to engage in online blogging. It is imperative that he honors these commitments, ceases the state's assault on Iranian women and individual freedoms within the nation, and issues a formal apology for the constraints and hardships they have endured under decades of oppressive governance.

The Iranian feminist and human rights movement has long championed personal liberties since the 1979 revolution, notably advocating for the right to determine one's attire. These endeavors have frequently resulted in incarcerations, job terminations, and other severe reprisals. A watershed moment for the movement transpired during the "Women, Life, Freedom" demonstrations in 2022, sparked by the tragic death of 22-year-old Mahsa Amini while in the custody of the morality police.

This event marked a critical juncture in the resistance against the gender-based and socio-ethnic subjugation imposed by Iranian authorities, rejecting state-mandated dress codes. Despite human rights organizations estimating that at least 20,000 demonstrators were detained, approximately 80% were released following a state-sanctioned amnesty after several months of incarceration.

In response to public protests, a law was drafted in May 2023, gaining momentum in September when the parliament invoked Article 85 of the Constitution to expedite its approval, bypassing open discussion and placing it under a three-year trial period. However, the Guardian Council raised objections, leading to months of revisions.

The government has described the resulting law as ambiguous, highlighting the lack of readiness among agencies to implement it. Furthermore, the law fundamentally violates numerous human rights principles, including the rights to equality and non-discrimination, security, freedom of expression, religion and belief, privacy, and autonomy, raising significant concerns about its impact on human rights in the country.

Capital Punishment Threatened

The law imposes harsh penalties, including up to 15 years in prison and fines of $12,000 for promoting "nudity, obscenity, or improper dress" in collaboration with foreign entities or human rights organizations, as specified in Articles 36 and 37. Notably, if such behavior is classified as "corruption on earth," it could result in the death penalty under Article 286 of the Islamic Penal Code. This effectively endangers women and girls who share videos of themselves without headscarves with media outside of Iran or engage in peaceful activism.

Article 38 further states that "insulting or mocking the hijab," as well as "promoting nudity or improper dress," can lead to a five-year prison sentence or a fine. Historically, many girls and women in Iran have removed their hijabs in public spaces as a form of protest against the religious regime and its longstanding laws.

The law lacks clear definitions for "nudity, obscenity, or improper dress," but it categorizes "improper clothing" as any attire that is revealing or tight, exposing skin above the neck, below the ankles, or above the forearms (Article 47). Under Articles 48 and 49, women and girls who violate these dress codes will face escalating financial penalties, with initial offenses resulting in fines between $160 and $4,000. Repeat offenders may incur fines of up to $8,000, face imprisonment of up to five years, a two-year travel ban, and a two-year restriction on using social media platforms.

In public or online, women and girls face the risk of "immediate detention, prosecution, and imprisonment for up to 10 years, as well as fines of up to $11,000." For those who repeatedly remove their hijabs in public, penalties may be doubled, resulting in potential imprisonment of up to 15 years and fines of $22,000.

Those unable to pay fines imposed under the law will face significant restrictions on essential services, including difficulties in renewing passports, registering vehicles, obtaining exit permits, releasing impounded vehicles, and acquiring or renewing driving licenses. This creates a substantial barrier for individuals seeking to maintain their mobility and access to necessary documentation.

Under Article 38, “insulting or ridiculing the hijab” or “promoting nudity, obscenity, immodesty, or indecent dress” can result in penalties of up to five years in prison, a travel ban, and/or a fine. Business owners are also subject to severe penalties for promoting clothing deemed inappropriate. A first violation may incur a maximum third-degree fine or require payment of two months’ business profits, as outlined in Articles 39, 43, and 67. Additional consequences may include the suspension of access to social media and the Internet for more than two years.

Furthermore, social media networks are mandated to provide content that complies with the law (Article 42). According to Article 14, authorities will dismiss any director of an organization or member of a community organization who fails to adhere to the law within one month of a reported violation, or revoke the organization’s license. In official government institutions, the law also penalizes direct officials who do not take action against violators (Article 45), reinforcing a strict framework for compliance and enforcement.

Assault Amidst Reporting and Monitoring

The new law effectively transforms citizens into agents of the state by encouraging them to report violations through a public reporting system managed by the police. This provision creates an atmosphere of surveillance, as it allows footage from various government agencies, including the Ministry of Intelligence and the Ministry of Defense, to be utilized for identifying individuals who oppose the compulsory hijab. Additionally, private companies, including taxi drivers, are mandated to report any violations of the law (Article 52), further extending state oversight into everyday life.

Article 24 grants the Revolutionary Guards’ Intelligence Organization, an official paramilitary militia, the authority to monitor violations of the law, including the “spread of nudity and obscenity” and clothing deemed offensive. This surveillance is not limited to public spaces but extends to online activity, creating a pervasive sense of being watched. The law also requires both government and private institutions to install cameras and enhance their quality to monitor women and girls on their premises, with mandates to share these recordings with the police (Article 62).

Such measures foster a climate of fear and mistrust among members of society, reminiscent of the oppressive atmosphere under the Assad family’s rule in Syria, where a culture of espionage and intimidation prevailed for over five decades. The implications of this law not only threaten personal freedoms but also undermine social cohesion, as individuals are incentivized to spy on one another rather than support communal trust and understanding.

The new law significantly expands the powers of intelligence, security, police, Revolutionary Guards, and Basij forces to enforce the mandatory hijab, providing full protection and immunity to volunteers who implement this “religious obligation” as stated in Article 59. This effectively institutionalizes a culture of enforcement, where individuals are empowered to impose the law on others without fear of repercussion.

Additionally, the law criminalizes any actions by women and girls to express their rejection of this mandatory requirement from the age of 12. It frames such expressions as an assault on “the enjoining of good and forbidding of evil” related to the law of chastity and hijab (Article 58). This broad definition of dissent not only stifles individual expression but also targets young people, creating a chilling effect on their ability to voice opposition.

Furthermore, the law criminalizes anyone who attempts to stop the assault and harassment of women and girls who defy the hijab mandate, subjecting them to imprisonment and fines under the Islamic Penal Code (Articles 59 and 60). To further entrench these values, the law mandates that educational curricula, training programs, and public awareness campaigns include new concepts about the hijab, which will effectively create a state-sanctioned value system. Experts warn that this will severely limit freedom of expression and belief.

Women Journalists Without Chains (WJWC) urges the Iranian government to completely withdraw the new "Hijab and Chastity" law and refrain from presenting it to parliament, as it harms citizens and violates their rights. The organization calls for the release of all women human rights defenders currently detained in Iranian prisons, many of whom were arrested during the "Woman, Life, Freedom" uprising.

WJWC also advocates for the repeal of the mandatory hijab law, which has infringed upon women’s rights for over four decades, and emphasizes the need to acknowledge women’s right to bodily autonomy and the freedom to choose their attire. Additionally, it calls for the elimination of all forms of gender discrimination and a review of policies and legislation to align with international human rights standards and norms. The ongoing assault on human rights and freedom of expression, particularly the surveillance and punishment of women in public spaces and institutions, must also come to an end.

WJWC commends the efforts of civil society organizations and cultural institutions for resisting this law and encourages them to continue opposing discriminatory laws and harmful policies that undermine citizens' fundamental rights.

The organization urges the international community not to remain silent while the Iranian government employs legislation to justify repression, instill fear, and enforce punitive measures, including the death penalty, against participants in the "Woman, Life, Freedom" uprising. The international community must utilize all available influence to pressure the Iranian government to withdraw this law.

Finally, WJWC calls on international human rights organizations and feminist movements to persist in defending the rights of women and girls in Iran. This includes supporting them through events, protests, public statements, and international appeals to pressure Iranian authorities to end their assault on personal freedoms and the policing of women’s bodies.