Effect of Unilateral Coercive Measures on the Right to Education of Iranian

The Right to education is recognized in International Covenant on Economic, Social and Cultural Rights (ICESCR). According to Article 13 of the ICESCR, the right to education is defined as follows:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education; (d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to respect the liberty of parents and, when applicable, legal guardians to choose schools for their children other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.
4. No part of this article shall be construed as interfering with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 13 of the ICESCR covers primary education, secondary education, higher education, the development of the education system, and liberty in education.

Following the withdrawal of the Trump administration from the JCPOA, the U.S. imposed a series of sanctions against Iran. And the question is raised that what are the effects of U.S. sanctions on the enjoyment of the right to education?

According to the Islamic Republic of Iran in its comment on the report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, during her visit to Iran, the following impacts were reported:

• Sanctions were imposed on Shahid Beheshti University and Sharif University of Technology by the European Union;
• Iranian students were prevented from pursuing their studies abroad;
• Bank accounts of Iranian students studying abroad were blocked due to their nationality;
• Restrictions were placed on access to scientific resources;
• Articles by Iranian authors were not considered or evaluated by world-renowned journals;
• Payments to buy books and articles from international websites became unfeasible.

The state's comments demonstrate the negative impact of sanctions on the right to education, creating barriers to accessing education. The UN Special Rapporteur on the negative impact of unilateral coercive measures on human rights also reported on her visit to Iran: “The Special Rapporteur notes with concern the negative impact of unilateral sanctions on academia. She was presented with evidence of the reluctance or refusal of international academic institutions and scholars to collaborate with their Iranian counterparts; the impossibility of paying contributions to international professional associations; termination of foreign grants for academic exchanges and research; travel restrictions; exclusion of Iranian scholars from editorial boards abroad; summary rejections of Iranian academic submissions and articles by foreign journals and publishers based on nationality; and obstacles in accessing foreign online academic, technological, and medical databases and libraries. She also received reports of the challenges faced by Iranian students wishing to study at foreign academic institutions, such as restrictions or cancellations of exchange programs and scholarships, and procedural obstacles such as the payment of fees and the opening or maintaining of bank accounts.”

The Special Rapporteur also stated in her report: “Academic, cultural, and professional exchanges, as well as the participation of Iranians in international forums, have been further constrained by the COVID-19 pandemic and the unavailability of certain online communication platforms. Compliance and overcompliance with unilateral sanctions extend to blocking Iranian IP addresses. Some Iranian academics, doctors, and parliamentarians have been unable to attend online sessions of international organizations, conferences, and workshops due to blocked online platforms. The Special Rapporteur emphasizes that unilateral sanctions limit Iranians’ access to information, negatively affecting the right to education, academic freedom, cultural rights, and the prohibition of discrimination.” “Academic, cultural and professional exchanges and the participation of Iranians in international forums have

According to the report of the Special Rapporteur on the negative effects of unilateral coercive measures, U.S. sanctions have a detrimental effect on the right to education by:

• Refusing cooperation between research and academic institutions with Iranian institutions;
• Rejecting Iranian articles and research;
• Impossibility of making payments for education and research from Iranian banks;
• Lack of access to scientific information, and more.

The facts presented indicate that U.S. unilateral coercive measures have a negative effect on the right to education for Iranian citizens, violating Article 13 of the ICESCR.

Amir BiParva
Human Rights Activist