Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
78(d)
Full recommendation:
Prohibit, prevent and punish the harassment, bullying, and expulsion from schools of LGBTI
children.
Assessment using Impact Iran human rights indicators1
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”.2 Article 19 of the Constitution stipulates that all people of Iran
enjoy equal rights “whatever the ethnic group of tribe” and that “colour, race, language and the
like, do not bestow any privilege”.3 Sexual orientation and gender identity are omitted as
protected characteristics. Additionally, Article 20 of the Constitution states that all citizens enjoy
all “human, political, economic, social and cultural rights, in conformity with Islamic criteria”.
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’ and
may be sentenced with the death penalty.4
Besides the criminalisation 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. 5 6 Governmental-mandated organisations set up to

1
CRC.28.1.S.2.1; ESCR.13.1.S.1;
ESCR.13.1.P.2
ESCR.13.2.O.3; ESCR.13.2.O.6;
2
Constitution of the Islamic Republic of Iran, English translation, https://www.refworld.org/docid/3ae6b56710.html
3
The Constitution of the Islamic Republic of Iran, English translation, https://www.refworld.org/docid/3ae6b56710.html
4
Iran Human Rights Documentation Center, https://iranhrdc.org/denied-identity-human-rights-abuses-against-irans-lgbtcommunity/#2
5
For instance, Article 639 of the 2013 Islamic Penal Code criminalizes the facilitation or encouragement of “people to
immorality or prostitution”. Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamicpenal-code-of-the-islamic-republic-of-iran-book-five/
6
Article 6 of the Press Law (1986) prohibits the dissemination of material “which violates public chastity” including “forbidden
practices” such as same sex relations. Similarly, Article 14 of Law on Computer Crimes criminalizes the distribution of “immoral
content”. International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf

1

Select target paragraph3