Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/HRC/37/68 para 97 Full recommendation: The Special Rapporteur calls on the Government to ensure the protection of the rights of LGBT and intersex individuals by repealing laws that punish people based on their sexual orientation and gender identity, and enacting effective anti-discrimination laws, and to ban forced and involuntary treatment and medical procedures. Assessment using Impact Iran human rights indicators1 A. The Special Rapporteur calls on the Government to ensure the protection of the rights of LGBT and intersex individuals by repealing laws that punish people based on their sexual orientation and 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 an 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 conduct through Articles 1 CCPR.26.1.S.1; ESCR.2.2.S.1; ESCR.12.2.4.S.1; ESCR.13.1.S.1 ; CCPR.26.1.P.1; ESCR.2.2.P.1; ESCR.2.2.P.2; ESCR.2.2.P.3; CCPR.26.1.O.2; 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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