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
recognition and support have given transgender individuals a certain level of legal legitimization,
it also has reinforced the societal stigma due to the pathologisation of transgender identities: that
trans persons suffer from a medical condition which requires treatment. Additionally, medical
assessment in the Islamic Republic of Iran conflates a variety of sexual and gender identities
with transsexuality, resulting in those for whom surgery is neither appropriate nor necessary
being ‘treated’ in line with the prevailing medical opinion: that any divergence from cisgendered
heterosexuality can only be due to a person’s gender dysphoria and transsexual identity. 37 38
Further, among these individuals, only those who are officially diagnosed with Gender Identity
Disorder and who obtained a permit to undergo sex reassignment surgery can have their gender
legally recognized by the government. Others cannot benefit from the State Welfare’s services
including sex change procedures or counselling and as a result cannot receive a state-issued
identity card which legally affirms their gender.39 As a result, individuals of varying sexual and
gender identities who cannot or will not pursue medical transition are not protected from abuses,
including arrest, detention and prosecution.40
Besides the criminalization 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. For instance, Article 639 of the 2013 Islamic Penal Code
criminalizes the facilitation or encouragement of “people to immorality or prostitution.”41 Article
6 of the Press Law (1986) prohibits the dissemination of material “which violates public
chastity” including “forbidden practices”42 such as same sex relations. Similarly, Article 14 of
34
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
Ibid.
36
Ibid.
37
Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
38
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
39
Ibid.
40
Ibid.
41
Islamic Penal Code (2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamicrepublic-of-iran-book-five/
42
International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019,
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf
35
6