recognized transgender individuals. Additionally, gender segregation is enforced in some
instances in higher education, restricting access of non-recognised transgender individuals and
contributing to the risk of harassment and bullying. 29 30 31 Even with state recognition,
transgender individuals suffer from social stigma, impacting their opportunity to seek and obtain
employment.32
The Iranian legal framework does not protect adequately the rights of individuals from religious
and ethnic minorities. Article 14 of the Constitution of the Islamic Republic of Iran sets out that
the government and Muslims in Iran are “duty-bound to treat non-Muslims in conformity with
ethical norms and the principles of Islamic justice and equity, and to respect their citizen rights.”
Additionally, although Article 19 of the Constitution protects the equal rights of “ethnic group or
tribe” regardless or “color, race, language, and the like” it omits an explicit provision
recognizing religion or belief as a protected characteristic against discrimination.33 Article 23 of
the Constitution stipulates that “the investigation of individuals’ beliefs is forbidden, and no one
may be molested or taken to task simply for holding a certain belief.” 34
These protections, however, only apply to those “who refrain from engaging in conspiracy or
activity against Islam and the Islamic Republic of Iran.”35
The Constitution of the Islamic Republic of Iran names the Twelver Ja’fari School of Shia Islam
as the state religion. Only Muslim minorities (including Sunnis), Zoroastrian, Jewish and
Christian Iranians are recognized under the Constitution.36 Many elements of Iran’s domestic
legal framework discriminate between Shia Muslims, Muslim and non-Muslim minorities,
including also recognized minorities. According to the Constitution of the Islamic Republic of
Iran, candidates for the presidency must follow the official religion of the State, as well as for
members of the Assembly of Experts, the Guardian Council or the Expediency Council,
excluding Muslim and non-Muslim minorities from holding high governmental positions. 37
Further, Article 881 of the Civil Code bars non-Muslims from inheriting property from
Muslims. A new rule proclaimed in January 2020, will only allow citizens to register as one of
29
OutRight International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
Human Rights Watch, 2012, https://www.hrw.org/news/2012/09/22/iran-ensure-equal-access-higher-education
31
Iranian Lesbian & Transgender Network (6Rang), 2015,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf
32
OutRight International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf
33
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
34
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
35
Article 14, The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
36
Articles 12 and 13 of the Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
37
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
30
4