costs associated with education are expensive and families often lack finances to allow their children to finish their education. 43 44 45 D. The Committee recommends that the State party decriminalise same-sex relations and take measures to eliminate discrimination against LGBTI children Article 3 of the Constitution of the Islamic Republic of Iran stipulates that the government “has the duty of directing all its resources” to, among other goals, “the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres”.46 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 “colour, race, language, and the like, do not bestow any privilege”.47 However, the Constitution lacks an explicit provision recognising 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”.48 The stipulation of “Islamic criteria” excludes lesbian, gay and bisexual individuals from this legal guarantee as same sex relations are penalised under the Iranian ‘Islamic Penal Code’.49 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/nonMuslim, the punishment can range from flogging to the death penalty. The 2013 Penal Code also criminalises female same-sex relations and intimate conduct through Articles 238 to 240, the punishment for which is flogging regardless of circumstance. 50 There are no official, readily 43 Radio Farda, https://en.radiofarda.com/a/children-of-undocumented-afghan-refugees-exploited-in-iran/29596142.html https://www.alnap.org/system/files/content/resource/files/main/UNESCO-Final-Background-Paper.pdf 45 UN News, https://www.unhcr.org/news/briefing/2019/12/5dea18ac4/support-needed-refugee-education-iran.html 46 Constitution of the Islamic Republic of Iran, English translation, https://www.refworld.org/docid/3ae6b56710.html 47 Constitution of the Islamic Republic of Iran, http://www.iranchamber.com/government/laws/constitution_ch03.php 48 Constitution of the Islamic Republic of Iran, http://www.iranchamber.com/government/laws/constitution_ch03.php 49 Iran Human Rights Documentation Center, https://iranhrdc.org/denied-identity-human-rights-abuses-against-irans-lgbtcommunity/#2 50 Islamic Penal Code 2013, Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-ofthe-new-islamic-penal-code/ 44 6