Issuance of Passports for Married Women in the Iranian Legal System in Light of International Instruments

Abstract

Freedom of movement is one of the fundamental human rights recognized in international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as in the constitutions of various countries, including Iran. This right, as part of the first generation of human rights in the domain of civil and political liberties, allows individuals—without gender-based discrimination—to travel freely within or beyond a country’s borders and to choose their place of residence. However, under the restriction set forth in Paragraph 3 of Article 18 of the Passport Act of 1972 (as amended), Iranian married women are required to obtain their husband’s permission to leave the country. This limitation has given rise to numerous legal and social challenges. The present study, employing a descriptive–analytical method and a comparative approach based on library research, examines the jurisprudential and legal foundations of this restriction and analyzes it in light of international instruments. Furthermore, the article explores the inequalities resulting from these provisions and proposes recommendations and strategies for reforming the relevant laws and eliminating discrimination against women’s right to freedom of movement.