Refugee Rights in Iran
by Ebadi, ShirinFormat: Paperback
Pub. Date: 2008-09-01
Publisher(s): Al Saqi
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Summary
Nobel Peace Prize Laureate, lawyer, and human rights activist, Shirin Ebadi examines the legal aspects of life as a refugee in Iran. Controversial issues such as the right to education, property, and inheritance are addressed in detail through a comparative study of Iranian and international refugee law.This book will be of great interest to anyone who helps states and to international organizations that formulate laws that can accommodate the needs of refugees.Shirin Ebadi was the first Iranian and the first Muslim woman to be awarded the Nobel Peace Prize in 2003. As a lawyer, judge, lecturer, writer, and activist, she has dedicated her life to fighting for basic human rights, especially those of women and children, both within Iran and abroad.
Table of Contents
| Author's Note | p. 11 |
| Historical Review and Legal Sources | p. 15 |
| Islam Recognizes Refugees | p. 16 |
| History of Asylum in Iran | p. 17 |
| Legal Sources | p. 18 |
| Refugee Status | p. 21 |
| Reasons to Recognize Refugee Status | p. 21 |
| Stateless Refugees | p. 23 |
| Eligibility | p. 24 |
| Permanent Committee for Refugees | p. 24 |
| Ineligibility | p. 25 |
| Mass Influx and Group Applications | p. 26 |
| Applicant's Family | p. 26 |
| Procedures | p. 27 |
| Illegal Entry | p. 29 |
| Entry of Foreign Nationals to Iran | p. 30 |
| Penalty for Illegal Entry | p. 31 |
| Criminal Liability for Refugee Applicants | p. 32 |
| Residency Permit | p. 35 |
| Refugee Booklet | p. 35 |
| Freedom to Travel | p. 36 |
| Marriage | p. 37 |
| Marriage Between a Refugee Male and an Iranian Female | p. 37 |
| Marriage of Refugee Female to Iranian Male | p. 38 |
| Birth Registration | p. 41 |
| Reporting Birth | p. 42 |
| Birth Registration | p. 43 |
| Birth Registration Process for Unwed Parents | p. 44 |
| Birth Declaration of a Stillborn Child | p. 45 |
| Personal Status | p. 47 |
| Personal Status of Refugees | p. 47 |
| Transfer | p. 49 |
| Conflicting Laws | p. 49 |
| Right to Property | p. 53 |
| Acquisition of Property by Foreign Nationals in Iran | p. 53 |
| Conditions for Acquisition | p. 55 |
| Exemption from Reciprocal Action | p. 56 |
| Registering Property | p. 57 |
| Acquiring Movable Property and Cash | p. 57 |
| Transfer of Assets | p. 58 |
| Literary and Artistic Rights | p. 59 |
| Protection of Artistic and Literary Rights | p. 60 |
| Fiduciary Rights | p. 61 |
| Transfer of Fiduciary Rights | p. 63 |
| Duration of Creator's Fiduciary Rights | p. 64 |
| Intellectual Rights | p. 64 |
| Intellectual Rights Are Not Restricted by Time or Place | p. 66 |
| Punitive Measures | p. 66 |
| Protection of Trade Marks and Industrial Labels | p. 69 |
| Trade Mark Protection for Refugees | p. 70 |
| Registration of Trade Marks | p. 71 |
| Transfer of Trade Marks | p. 72 |
| Patent Rights | p. 73 |
| Protection of Patents Registered Abroad | p. 74 |
| Patent Registration in Iran | p. 75 |
| Access to Courts | p. 77 |
| Civil Procedure Law in Iran | p. 77 |
| Payment of Surety by Foreign Nationals | p. 79 |
| Translation of Statements and Documents in Courts | p. 80 |
| Law Compliance | p. 81 |
| Summary of the Islamic Penal Code | p. 81 |
| Criminal Procedure Rules | p. 83 |
| Enforcement Guarantees for Violation of Law | p. 87 |
| Prison Regulations for Non-Iranians | p. 87 |
| Refugee Employment | p. 91 |
| Issuing Work Permits | p. 92 |
| Validation of Work Permits | p. 94 |
| Enforcement Guarantees for Work Permit Violations | p. 94 |
| Refugees Employed in the Government Sector | p. 95 |
| Impact of Labor Code on Refugees | p. 96 |
| Summary of Labor Codes in Iran | p. 97 |
| Membership in Worker and Employer Unions and Associations | p. 101 |
| Union Membership | p. 102 |
| Guild Societies | p. 102 |
| High Council of Guild Societies | p. 103 |
| Ban on Participation in Islamic Labor Council | p. 104 |
| Ban on Membership in Cooperatives | p. 104 |
| Social Security | p. 107 |
| Iran's Position on Article 24 | p. 109 |
| Social Security Law | p. 110 |
| Legal Protection | p. 110 |
| Accident and Sickness | p. 110 |
| Maternity | p. 111 |
| Wage Compensation | p. 112 |
| Disability | p. 114 |
| Retirement | p. 115 |
| Death | p. 116 |
| Marriage and Children | p. 118 |
| Freedom of Religion | p. 121 |
| Status of Non-Muslim Refugees | p. 121 |
| Impact of Religion on Punishment | p. 123 |
| Travel Documents | p. 127 |
| Travel Documents for Refugees | p. 128 |
| Issuing Travel Documents | p. 128 |
| Validity of Travel Documents | p. 129 |
| Lost Travel Documents | p. 130 |
| Transit Permit with No Return | p. 130 |
| Naturalization | p. 131 |
| Conditions for Acquiring Iranian Nationality | p. 132 |
| Exemption from Residency Condition | p. 132 |
| Application Process | p. 132 |
| Naturalization Benefits | p. 134 |
| Public Education | p. 137 |
| Primary Education in Iran | p. 138 |
| Higher Education and Evaluation of University Documents | p. 139 |
| Death of Refugee | p. 141 |
| Death of Refugee in Iran | p. 141 |
| Refugee Inheritance | p. 143 |
| Departures | p. 145 |
| Expulsion | p. 145 |
| Expulsion for Rejected Applications | p. 146 |
| Expulsion of Refugees with Residency Booklets | p. 147 |
| Voluntary Return | p. 148 |
| Final Word | p. 149 |
| Appendices | p. 151 |
| List of Laws and Regulations | p. 151 |
| Singular Law on the Accession of the Government of Iran to the Convention Relating to the Status of Refugees and the Protocol | p. 153 |
| Convention Relating to the Status of Refugees | p. 155 |
| Refugee By-Law | p. 188 |
| Excerpts from the Constitution of the Islamic Republic of Iran | p. 193 |
| The Civil Code | p. 195 |
| Law on Protection of Personal Affairs of Non-Shia Iranians in Courts | p. 204 |
| Regulation on the Marriage of Iranian Women to Foreign Nationals | p. 205 |
| Regulation on Acquisition of Real Property by Foreign Nationals | p. 208 |
| Council of Ministers' Decree on the Acquisition of Property by Foreign Nationals (1963) | p. 213 |
| Regulation on the Death of Foreign Nationals (1938) | p. 215 |
| The Act on the Entry and Residence of Foreign Nationals in Iran (1931) | p. 217 |
| Enforcement Regulation on the Entry and Residence of Foreign Nationals | p. 226 |
| Act on Legal Procedures in Common and Revolutionary Courts in Civil Affairs | p. 231 |
| Excerpts from the Law on Non-Litigious Affairs | p. 235 |
| Excerpts from the Law on the Registration of Personal Affairs | p. 239 |
| Enforcement Regulation on Issuing Travel Documents for Refugees | p. 243 |
| Decree on Holders of Travel Documents | p. 248 |
| Regulation on the Approval and Evaluation of Documents of Displaced Afghan Persons | p. 249 |
| Regulation on the Approval and Evaluation of Documents by Iraqis of Iranian Origin Applying to Study in Iranian Universities | p. 252 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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