Human rights organisation Hana says many Afghans in Iran, particularly women and children, face severe legal restrictions, major barriers to civil registration and significant obstacles to accessing justice.
In a report published on Sunday, Hana said increased administrative and security pressure following the recent military conflict, along with internet shutdowns and disruptions to public services, had deepened the legal crisis facing Afghans in Iran and left many in a state of legal invisibility.
The organisation said the failure to register vital life events such as marriages, divorces, births, parentage, child custody and inheritance has deprived many Afghans of fundamental rights and severely limited their ability to pursue family and civil claims before administrative and judicial authorities.
According to Hana, Afghan women are among the hardest hit. It said women facing domestic violence, informal divorces, abandonment or unpaid maintenance often cannot prove family relationships in court because they lack official civil registration documents. Afghan children are also affected, as the lack of birth registration and valid identity documents leaves many without access to education and healthcare, while exposing them to the risks of statelessness, exploitation and forced labour.
The report noted that under Iranian law, including Article 5 of the Civil Code, all residents of Iran, regardless of nationality, are subject to the country's laws, while Article 7 recognises the personal status rights of foreign nationals. However, HANA said that in practice, the absence of clear administrative procedures and the denial of court access to Afghans because of their immigration status or incomplete documentation contradict constitutional guarantees, including the right to seek justice under Article 34 and equality before the law under Article 20.
The organisation added that Iran’s obligations under international treaties, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, as well as the Convention on the Rights of the Child, require the country to guarantee access to justice and birth registration for everyone within its territory without discrimination, regardless of immigration status.
Hana called on the Iranian authorities to establish transparent and efficient procedures for registering the vital life events of Afghan nationals and to ensure they have non-discriminatory access to courts regardless of their residency status. It also urged Iran to end arrests, deportations and security measures that discourage migrants from seeking help from legal, medical and support institutions, and called for a review of laws governing foreign nationals in line with the principle of human dignity.
