Articles 23 and 26 of the Constitution: Freedom of opinion and civil activity in law, but widespread violations in practice

Although Article 23 prohibits inquisition and Article 26 allows for free political and civil activity, in practice minorities and peaceful activists are arrested, tried, or even killed under the pretext of "national security."

A video has been published on the social network Instagram, dating back to the era of "Martyr Seyyed Mohammad Beheshti," in which he talks about Articles 23 and 26 of the Iranian Constitution and voting for these principles, which prohibit inquisitions and allow political and civil activity in Iran to be free; however, it seems that these principles have been "lost" or set aside in the Iranian Constitution.

Social media users reacted widely to the claims in the video, reigniting the debate about the rights of belief, expression, and peaceful assembly in Iran.

The reality is that Articles 23 and 26 of the Constitution of the Islamic Republic of Iran are explicit, which relate to freedom of opinion and political and civil activity as fundamental rights of citizens; but in practice, these rights are systematically violated in Iran.

According to Article 23 of the Iranian Constitution, inquisition is prohibited and no one can be harassed or prosecuted for holding an opinion. This principle was mentioned in the initial draft of the Constitution as number 26, and then due to the renumbering of the principles, its content was transferred to Article 23, but its legal nature remained unchanged. In other words, the Constitution explicitly states that no one should be prosecuted for their opinions, beliefs, or thoughts.

Article 26 of the Constitution also guarantees the freedom of parties, associations, and trade union and political activities, stating that these organizations are "free" provided that they do not violate legal standards and the basic principles of the system.

From a legal perspective, these principles should be applied equally to all citizens, and no one should be detained or punished for expressing an opinion, religious belief, or peaceful civic activity. This is even reflected in international human rights instruments; for example, Article 19 of the International Covenant on Civil and Political Rights states that no one shall be harassed on the grounds of his opinions and that everyone has the right to freedom of expression and opinion.

However, in practice, the situation is very different. Numerous human rights reports and international media reports show that Iranian authorities use vague and general titles such as “action against national security”, “propaganda against the regime”, “incitement of public opinion” or “assembly and collusion” to deal with opponents or activists, even when the basis of these charges is peaceful expression of opinion and activity. This practice clearly contradicts Articles 23 and 26 of the Constitution.

Human rights organizations have also repeatedly protested the sanctions, arrests, torture, and even executions of minorities and activists. For example, Human Rights Watch reports indicate that the Iranian government targets ethnic and religious minorities, including Christians, Baha'is, Kurds, Baluchis, and other religious minorities, detaining or forcibly suppressing them, and in some cases, even harassing, torturing, and violently attacking them.

International and global reports also show that the suppression of peaceful protests and the imposition of security charges against protesters and activists in Iran continue, while the same principles of the constitution should guarantee, not restrict, freedom of opinion and expression.

For the Christian community and minority religious groups, this challenge is even more tangible: although the basic principle of the prohibition of inquisition and freedom of religious practice is enshrined in the law, in practice many Christians, especially those who worship independently or in informal congregations, have faced pressure, detention, and discrimination. This situation has led to the rights guaranteed by law remaining only “in the letter of the law” and their actual implementation in practice being weak or incomplete.

While Articles 23 and 26 of the Iranian Constitution explicitly guarantee freedom of opinion and political and civil activity, there are serious concerns about the violation of these principles in practice. The media, human rights groups and civil society activists have repeatedly shown that many minorities, activists and peaceful protesters are persecuted for expressing their opinions, beliefs or lawful activities. This shows that the gap between law and implementation is still very large and requires international attention and pressure to respect human rights.