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, 3 The Constitution of the Islamic Republic of Iran, English translation, 4 Iran Human Rights Documentation Center, 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, 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, 1

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