Besides the criminalization of same-sex conduct, a number of other legal provisions directly
impact on the rights of lesbian, gay, bisexual and transgender (LGBT) individuals, in
particularly Iranian laws related to public decency. For instance, Article 639 of the 2013
Islamic Penal Code criminalizes the facilitation or encouragement of “people to immorality or
prostitution”.19 Article 6 of the Press Law (1986) prohibits the dissemination of material
“which violates public chastity” including “forbidden practices”20 such as same sex relations.
Similarly, Article 14 of Law on Computer Crimes criminalizes the distribution of “immoral
content”.21 Governmental-mandated organizations set up to preserve “public morality”,
notably the Basij militia, reportedly harassed, arrested, detained and abused LGBT individuals
on the basis of the aforementioned regulations.22 23 24 Similarly, law enforcement forces have
been reportedly arresting and detaining transgender individuals for appearing cross-dressed in
public, an act considered haram (forbidden under Islamic law) until a ‘disorder’ could be
medically and legally established.25 Additionally, Article 638 of the 2013 Penal Code
provides that all women must appear in public wearing the mandatory hijab,26 a provision that
has been reportedly used against both transgender men pressured into wearing a hijab and
transgender women accused of “cross-dressing” in public, regardless of whether their change
in gender has been legally recognised. 27 In a number of reported cases, transgender
individuals arrested on such charges have been detained, prosecuted and sentenced to
flogging.28 Due to the lack of official reporting and victims’ fear of social stigma, the number
of cases of abuses and discriminations against individuals on the grounds of their sexual
orientation and gender identity is likely much higher than those reported by human rights
organizations.29 30
There is, as of now, no evidence that the Iranian government is currently considering
repealing or amending aforementioned laws that result or could result in discrimination,
prosecution and punishment of people because of their sexual orientation or gender identity.
B. Take steps to combat and prevent discrimination and societal stigma against
members of the lesbian, gay, bisexual and transgender community, and ensure
19
Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-theislamic-republic-of-iran-book-five/
20
International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf
21
International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf
22
Iranian Lesbian & Transgender Network (6Rang), 2014, http://6rang.org/english/wpcontent/uploads/2014/06/Pathologizing-Identities-Paralyzing-Bodies.pdf
23
Iranian Railroad for Queer Refugees (IRQR), 2018, https://irqr.net/wp-content/uploads/2018/09/IQW-Report.pdf
24
OutRight International, 2016,
https://outrightinternational.org/sites/default/files/OutRightLesbianReport.pdf?_ga=2.78516692.1992181521.1595330838780871412.1595330838
25
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
26
Outright International, 2016, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
27
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
28
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
29
Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
30
Iranian Lesbian & Transgender Network (6Rang), 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf
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