heterosexuality can only be due to a person’s gender dysphoria and transsexual identity. 15 16
Further, among these individuals, only those who are officially diagnosed with Gender Identity
Disorder and who obtained a permit to undergo sex reassignment surgery can have their gender
legally recognized by the government. Others cannot benefit from the State Welfare’s services
including sex change procedures or counselling and as a result cannot receive a state-issued
identity card which legally affirms their gender.17 As a result, individuals of varying sexual and
gender identities who cannot or will not pursue medical transition are not protected from abuses,
including arrest, detention and prosecution.18
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 Governmentalmandated 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 “crossdressing” in public, regardless of whether their change in gender has been legally recognised. 27
15
Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
17
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
18
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
19
Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamicrepublic-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/wp-content/uploads/2014/06/PathologizingIdentities-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
16
3