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The scent of victory.

Most female judges work as “consultant judges” in family courts and as “assistant judges” in courts. In fact, in the true sense of the word, there is no female judge who is the head of a court and holds the position of a judge in Iran. In Iran, the highest level of judiciary for women is known as “consultant judge” or “assistant judge”.

With the approval of the Family Protection Law in 1353 (1974), female judges were present in court, but their role was advisory and not mandatory. In the fifth clause of the Single Article Amending the Divorce Regulations of 1370 (1991), the use of female advisors in family matters was foreseen, and later in the third clause of the Law on the Allocation of Certain Courts to Article 21 of the Constitution (Family Court) of 1376 (1997) and then in paragraph b of the Amending Law on the Establishment of General and Revolutionary Courts of 1381 (2002), this matter was mentioned; however, the presence of a female advisor judge was not mandatory. With the approval of Article 2 of the new Family Protection Law (passed in February 2013), family courts are recognized with the presence of a female advisor judge. In the aforementioned article, it is stipulated that “the family court is formed with the presence of the

The nature of family lawsuits and the process of handling cases that are referred to court due to domestic violence are different from other criminal cases. Therefore, domestic violence cases should have a different judicial procedure. In 2012, the legislator predicted and approved the Law on Protection of the Family, which is now being implemented. The following is an interview about the reasons for the existence of a female advisor judge in cases related to domestic violence with Mohammad Javad Motahari Far, a PhD student in international law at the University of Tehran.

Why and for what reasons is the presence of a female judge necessary in addition to family lawsuits in cases related to domestic violence?

Many social writings consider the family as the most important pillar of social life and a fundamental and crucial factor for the growth and prosperity of societies, or their downfall. Article 16 of the Universal Declaration of Human Rights, adopted in 1948, recognizes the family as a natural and fundamental unit of society. In the Islamic system and Iranian culture, special attention has also been given to the family. In the preamble of the Iranian Constitution, the family is mentioned as the fundamental unit of society and the main center for growth and excellence. Therefore, the general direction of the Constitution and ordinary laws is towards honoring and respecting the institution of the family; just as the tenth principle of the Constitution also considers the family as the fundamental unit of the Islamic society. In this regard, the twenty-first principle of the Constitution obligates the government to establish a competent court to protect and preserve the family. Based on this, considering the types of disputes that may arise between men and women in the family, the government is

According to the decision of the legislature in 1391, the presence of female judges has been declared necessary only in family lawsuits, and it is not foreseen in other cases where family members may have other conflicts – including criminal cases and domestic violence.

Although according to the clause below Article 2 of the Family Protection Law, the judiciary is obligated to provide a female consultant judge for all family courts within five years of the approval of this law, and it was expected that by the end of this year, all family courts would have a female consultant judge, unfortunately, due to the lack of sufficient female judicial force, this important matter has not been fully realized and it seems that there are still weaknesses and we do not have independent female consultant judges in all family courts. During the time I worked in one of the judicial complexes, there were two branches of family court and one female consultant judge, who would give opinions for both branches. Therefore, despite the legal obligation, there are still shortages. Although the legislator has recognized the necessity of having a female consultant judge, the lack of such opportunity in some branches of family courts creates problems for a more accurate handling of cases. When a woman is present as a judge to handle a case, it is

On the other hand, it is possible that some of the family disputes stem from problems in sexual relationships and in such situations, the woman cannot easily explain the main issue in the presence of a male judge. However, according to Article 2 of the Family Protection Law, the necessity of having a female consultant judge in family disputes has been felt and is addressed by the legislator, but the legislator has not fully evaluated this necessity. Similarly, in criminal cases, if violence occurs within the family, a female consultant judge will not be present in such courts, which is a flaw that we will try to discuss further.

The main proposal is that in cases of domestic violence, it should be mandatory for a female advisor judge to be present. For example, in a case where a young girl has been sexually assaulted by her stepfather, she would have to sit in front of several male judges in a criminal court and explain what happened: in what circumstances did the assault take place? What exactly happened? These are just a few examples of the questions that the young girl would have to answer in front of the men present in the court. It is possible that the young girl may feel ashamed, scared, or for any reason, refrain from telling the truth. As a result, justice will not be served properly and achieving judicial justice – as the most important goal of establishing a court – will be hindered. Distrust in the judicial system as a source of appeal will increase and the right to a fair trial will be lost. Feeling discriminated against and frustrated are other psychological and social consequences that will follow in such

The question here is why the presence of a female advisor judge is not anticipated in criminal cases?

In justifying the absence of female judges in domestic violence cases, some believe that women are essentially prohibited from holding judicial positions in Iranian laws. In response to this argument, it should be noted that in 2012, the legislature felt the need for the presence of female judges in family cases and today, the presence of female judges in family cases is mandatory. Therefore, the legislature does not see any obstacle to the presence of female judges; rather, it seems that they consider family cases to be more important than other legal and criminal matters such as domestic violence. On the other hand, some may see the reason for the absence of female judges as a religious prohibition, while this religious prohibition can be resolved by allowing women to serve as advisors – as was mentioned in family cases – with the discretion of the judge. However, in case of disagreement with the male judge, the opinion of the female advisor must be supported by evidence. Furthermore, since Shia jurisprudence is dynamic, it is expected that

Do you think that overall, laws related to domestic violence have been neglected in Iran?

“We are currently in a transitional period in Iran. Although this transition has been fully implemented or is progressing well in some areas, in other areas – such as social issues, due to the existence of traditional and cultural roots – this transition is happening slowly, which in turn slows down progress in other dimensions. Domestic violence is a very important and sensitive issue that has its own complexities and is deeply intertwined with cultural, social, and even traditional matters.”

But in any case, at this transitional stage – as I mentioned – the legislator and the judicial system had not even foreseen the need for the presence of a female consultant judge until 91 (2012-2013), and this evolution is gradually taking shape in the judicial system. However, there is still a gap that exists, as the family is the main pillar of society and is important. Therefore, not only in family lawsuits, but also in criminal cases related to domestic violence, the female consultant judge must be present. The absence of a female consultant judge causes the cases to be prolonged. Extending the cases also takes up time and energy of the judicial system. Women and children – especially those who have experienced violence – lose the opportunity to demand their rights. Due to the shame rooted in cultural and traditional beliefs, they may not express their problems to male judges. Therefore, the presence of a female consultant judge can create more trust in the judicial system. Victims of violence will also

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As mentioned in Article 2 of the Family Protection Law, the presence of a female consultant judge has been deemed necessary and without their presence, the court will not be recognized in the initial stages. However, can the duties of the female consultant judge also be considered in cases of domestic violence? The following are some shared responsibilities that the female consultant judge can take on in both criminal and family court cases. Although these duties are currently under the jurisdiction of the female consultant judge in family lawsuits, it is important to consider them in terms of their future responsibilities in criminal cases: 1) The presence of a female consultant judge can also be considered in cases of domestic violence and without their presence, the court will not be recognized. 2) Just as the female consultant judge can express their opinion on all matters within the jurisdiction of the family court, their opinion is not limited to specific lawsuits. This principle can also be applied to criminal courts dealing with domestic violence, and if the female consultant judge is able