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. The Islamic Republic of Iran should ensure that anyone held solely on account of
freely and mutually agreed sexual activities or sexual orientation should be released
immediately and unconditionally
In light of the above, the Islamic Republic of Iran has not ensured that anyone held solely on
account of freely and mutually agreed sexual activities or sexual orientation is released
immediately and unconditionally. The Islamic Republic of Iran continues to arrest, detain,
prosecute and sentence to the death penalty individuals on the basis of their sexual orientation.31
32 33 34 35
C. The Islamic Republic of Iran should take all necessary legislative, administrative
and other measures to eliminate and prohibit discrimination on the basis of sexual
orientation, including with respects to access to employment, housing, education and
health care, and to ensure that individuals of different sexual orientation or gender
identity are protected from violence and social exclusion within the community
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”.36 Article 19 of the Constitution stipulates that all people of
28
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
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
31
Amnesty International, 2017, https://www.amnesty.org/en/latest/news/2016/08/iran-hanging-of-teenager-shows-brazendisregard-for-international-law/
32
Amnesty International, 2018, https://www.amnesty.org.uk/urgent-alireza-arrested-15-tortured-confession-be-executedtomorrow
33
Iran Human Rights, 2019, https://iranhr.net/en/articles/3611/
34
Human Dignity Trust, https://www.humandignitytrust.org/country-profile/iran/
35
International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf
36
The Constitution of the Islamic Republic of Iran, English translation, https://www.refworld.org/docid/3ae6b56710.html
29
4