restricts the enjoyment of human rights for the LGBT community, including the right to work, to
social security, to health and education.
The Iranian states’ behavior towards lesbian, gay and bisexual individuals has been hostile and
Iranian authorities publicly criticize the country’s lesbian, gay and bisexual community. In 2013,
Mohammad Javad Larijani, secretary of Iran’s high council for human rights said that
homosexuality was regarded as “an illness and malady” in the Islamic Republic of Iran.17
Negative comments from Iranian officials have been regularly and recently reported, where they
used terms such as “immoral”, “corrupt”, “animals”, “sick” or “Western” to qualify homosexual
individuals.18 Such openly hostile behaviour towards the lesbian, gay and bisexual community
from government officials may further impair LGBT persons’ access to employment, social
services, health care and education as it creates a permissive environment for the exclusion and
societal stigmatization against LGBT individuals in Iran. 19 20 21 22 23 24
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.25 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. 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. Transgender individuals who do not
wish, cannot or have not been medically allowed to go through sex reassignment surgery are not
eligible to obtain legal recognition corresponding to their gender identity. 26 As a consequence,
they face barriers to access higher education, employment and housing as they cannot obtain
relevant legal permits without denying their sexual orientation and/or gender identity.27 28
Moreover, they are not eligible for social services and health assistance provided by the State for
17
The Guardian, 2013, https://www.theguardian.com/world/iran-blog/2013/mar/14/iran-official-homosexuality-illness
Iranian Lesbian & Transgender Network (6Rang), 2017, http://6rang.org/english/wp-content/uploads/2017/12/Official-HateSpeech-against-LGBT-People-in-Iran.pdf
19
Iran Human Rights Documentation Center, https://iranhrdc.org/denied-identity-human-rights-abuses-against-irans-lgbtcommunity/#2
20
Iranian Lesbian & Transgender Network (6Rang), 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf
21
OutRight International, 2016,
https://outrightinternational.org/sites/default/files/OutRightLesbianReport.pdf?_ga=2.78516692.1992181521.1595330838780871412.1595330838
22
Iranian Lesbian & Transgender Network (6Rang), 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf
23
Committee on the Rights of the Child, 2016,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/IRN/CO/3-4&Lang=En
24
Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf
25
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
26
Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
27
OutRight International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
28
Iranian Railroad for Queer Refugees (IRQR), 2018, https://irqr.net/wp-content/uploads/2018/09/IQW-Report.pdf
18
3