Law on Computer Crimes criminalizes the distribution of “immoral content.”43 Governmentmandated 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.44 45 46 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.47
Additionally, Article 638 of the 2013 Penal Code provides that all women must appear in public
wearing the mandatory hijab,48 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 recognized. 49
In a number of reported cases, transgender individuals arrested on such charges have been
detained, prosecuted and sentenced to flogging.50 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.51 52
In June 2019, when asked about the imposition of the death penalty in cases of same-sex
intercourse between men, the Iranian Minister of Foreign Affairs said that the law was reflective
of moral principles held by society.53 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.
Recommendation Status:
This recommendation has NOT been implemented.54
43
International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf
44
Iranian Lesbian & Transgender Network (6Rang), 2014, http://6rang.org/english/wp-content/uploads/2014/06/PathologizingIdentities-Paralyzing-Bodies.pdf
45
Iranian Railroad for Queer Refugees (IRQR), 2018, https://irqr.net/wp-content/uploads/2018/09/IQW-Report.pdf
46
OutRight International, 2016,
https://outrightinternational.org/sites/default/files/OutRightLesbianReport.pdf?_ga=2.78516692.1992181521.1595330838780871412.1595330838
47
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
48
Outright International, 2016, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
49
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
50
Ibid.
51
Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
52
Iranian Lesbian & Transgender Network (6Rang), 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf
53
www.dw.com/en/iran-defends-execution-of-gay-people/a-49144899
54
For more, please see: https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf and Minority Rights
Group, https://minorityrights.org/wp-content/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minoritiesin-Iran.pdf and https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
7
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