Concluding observations Committee on Economic, Social and Cultural Rights E/C.12/IRN/CO/2 Full recommendation The Committee recommends that the State party repeal or amend all legislation that results or could result in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity. The Committee recommends that the State party take steps to combat and prevent discrimination and societal stigma against members of the lesbian, gay, bisexual and transgender community, and ensure their enjoyment of all the rights enshrined in the Covenant, including unhindered access to employment, social services, health care and education, in line with article 2, paragraph 2, of the Covenant and the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. Assessment using Impact Iran human rights indicators1 A. Repeal or amend all legislation that results or could result in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity Article 19 of the Constitution of the Islamic Republic of Iran guarantees that all people enjoy equal rights, “whatever the ethnic group or tribe to which they belong” and that “color, race, language, and the like, do not bestow any privilege”.2 However, the Constitution lacks an explicit provision recognizing sexual orientation and/or gender identity as protected characteristics. Article 20 of the constitution states that “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria”.3 The stipulation of “Islamic criteria” excludes lesbian, gay and bisexual individuals from this legal guarantee as same sex relations are penalized under the Iranian ‘Islamic Penal Code’.4 The 2013 Penal Code of the Islamic Republic of Iran explicitly forbids sexual relations between same-sex partners, whether such relations are consensual or coerced. The offences and punishments for males engaged in same-sex sexual or intimate conduct (including acts such as kissing or lustful touching) are described in Articles 233 to 237. Depending on whether the convicted individual is active/passive partner, married/single, or whether they are Muslim/non-Muslim, the punishment can range from flogging to the death penalty. The 2013 Penal Code also criminalizes female same-sex relations and intimate 1 ESCR.2.2.S.1; ESCR.12.2.4.S.1; ESCR.13.1.S.1 ESCR.2.2.P.1; ESCR.2.2.P.2; ESCR.2.2.P.3 ESCR.2.2.O.2; ESCR.6.1.O.3; ESCR.9.1.O.7; ESCR.12.1.O.9; ESCR.12.2.4.O.1; ESCR.13.2.O.3; ESCR.13.1.S.1; ESCR.13.2.O.6 2 Constitution of the Islamic Republic of Iran, http://www.iranchamber.com/government/laws/constitution_ch03.php 3 Constitution of the Islamic Republic of Iran, http://www.iranchamber.com/government/laws/constitution_ch03.php 4 Iran Human Rights Documentation Center, https://iranhrdc.org/denied-identity-human-rights-abuses-against-irans-lgbtcommunity/#2 1

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