explicit provision recognizing 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.”25 The stipulation of “Islamic criteria” excludes lesbian, gay and bisexual individuals from this legal guarantee as same sex relations are penalized under the Iranian ‘Islamic Penal Code.’26 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 criminalizes female same-sex relations and intimate conduct through Articles 238 to 240, the punishment for which is flogging regardless of circumstance. 27 There are no official, readily available statistics on the number of executions for same-sex relations.28 However, NGO reports have shown that it occurs and suggest the incidence rate is high.29 30 31 32 33 In 1986, then Supreme Leader Ayatollah Khomeini, issued a fatwa (a ruling or a religious decree on a point of Islamic law given by a recognized authority) permitting the acceptance of sex reassignment surgery for transgender people.34 Sex reassignment surgery is now codified in Article 4 of the Family Law (2013), which stipulates that those seeking medical intervention should obtain prior judicial and medical approval officially stating that they have been diagnosed with Gender Identity Disorder.35 The Ministry of Health has overall responsibility for implementation of this law, by ensuring the provision of medical care to recognized transgender people. The State Welfare Office provides social and psychological support and a number of state institutions, such as the Ministry of Labor, are involved in supporting transgender individuals who pursue or have been through sex reassignment procedures.36 Although State 25 Ibid. Iran Human Rights Documentation Center, https://iranhrdc.org/denied-identity-human-rights-abuses-against-irans-lgbtcommunity/#2 27 Islamic Penal Code 2013, Iran Human Rights Documentation Center, https://iranhrdc.org/english-translation-of-books-i-ii-ofthe-new-islamic-penal-code/ 28 Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf 29 Amnesty International, 2017, https://www.amnesty.org/en/latest/news/2016/08/iran-hanging-of-teenager-shows-brazendisregard-for-international-law/ 30 Amnesty International, 2018, https://www.amnesty.org.uk/urgent-alireza-arrested-15-tortured-confession-be-executedtomorrow 31 Iran Human Rights, 2019, https://iranhr.net/en/articles/3611/ 32 Human Dignity Trust, https://www.humandignitytrust.org/country-profile/iran/ 33 International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019, https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf 34 Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf 35 Ibid. 36 Ibid. 26 5