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Rezvaneh Mohammadi

The rights of sexual minorities in Iran are even considered marginal or insignificant by a large portion of the opposition. They are either talked about as something to be addressed in the future after the Islamic Republic, or only given attention in a basic way as a right to life for these individuals. Homosexuality is either taboo or seen as a secondary issue.

But the truth is that for the members of the Iranian LGBT community, these rights are neither secondary nor marginal; rather, they form the main framework of their lives. The right to life, in the sense of the right to live and the possibility of facing the death penalty for homosexuals, is part of the problem, and the other part is the right to social life and living without discrimination.

On the verge of May 17th, the day of fighting against homophobia, biphobia, transphobia, and intersexphobia, we can point to the underground and pressured social life of homosexuals and bisexuals in Iran. The emotional relationships and lifestyles of these individuals are widely ignored by their families and society, and factors such as legal pressures, criminalization of homosexuality, and fear of expulsion from educational or work environments make the situation even more difficult. Homosexual and bisexual students are at risk of being expelled from school and reported to their families if their sexual orientation is revealed, which can lead to further violence. In Iranian criminal laws, kissing and hugging between same-sex lovers is also considered a crime (Article 237 of the Islamic Penal Code). However, the implementation of the law does not end there. The expulsion of female football players and the suspension of the Malavan women’s football team are two symbols of the current situation. There is also increased pressure on female players

Despite the legal acceptance of transgenderism in Iran, the smallest rights for transgender individuals have not been considered. In current laws, only those who have undergone complete sexual reassignment surgery are able to change their identification documents to their desired gender. This means that the removal of reproductive organs (uterus, ovaries, or testicles) is a mandatory part of the transitioning process. These legal conditions, along with the mandatory hijab for women (all those whose identification documents identify them as female) and punishment for cross-dressing (punishment for wearing women’s clothing for those with male identification documents), practically prevent transgender individuals from expressing their identity. The laws are intentionally designed in a way to eliminate or force anyone who does not fit into the binary structure of male and female to conform or be eliminated.

In order to clarify the subject, it is necessary to first define two common phrases in the literature of gender and sexuality: gender identity and gender expression.

Gender identity is the deeply felt inner sense and personal experience of one’s gender, which may or may not align with the gender assigned at birth. It includes a personal connection to one’s body (which can be altered through medical, surgical, or other means with informed consent) and other expressions of gender such as clothing, speech, and behavior.

Gender expression refers to the display of an individual’s gender through their physical appearance, including clothing, hairstyle, accessories, makeup, behavior, speech, behavioral patterns, names, and pronouns. Gender expression can align with a person’s gender identity or may not align with it.

On one hand, there are current legal conditions, and on the other hand, there are international standards in this field. The formation of a compact session in 2006 at Gadjah Mada University in Indonesia was the starting point for writing a global standard on LGBT rights, known as the Yogyakarta Principles (2). The aim of this conference, which was attended by 29 experts from 25 different countries, was to design principles for the implementation of human rights in relation to sexual orientation and gender identity, which ultimately passed with the maximum votes. In fact, these principles specify the commitments of governments to implement human rights. The Yogyakarta Principles do not create any new rights, but rather provide a new interpretation of existing human rights laws. A valid legal interpretation written by special rapporteurs, members of UN working groups, judges, and academics. These principles do not specifically address heterosexuals, homosexuals, bisexuals, etc., but rather aim to provide a universal understanding of

Earlier, I mentioned the violation of the rights of homosexuals in Iran in terms of the right to life, equality, and non-discrimination. In continuation, I will address the standard that advocates for the implementation of these principles in this area.

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The Principles of Yogacara.“

The fourth principle of the Yogacara principles recognizes the right to life for all individuals with different sexual orientations or gender identities and obligates governments to revoke all laws against consensual relationships between two individuals of the same sex. Any government aggression towards the lives of these individuals must be stopped, and governments must ensure that they take action against the perpetrators of these attacks, whether they are from government forces or individuals or groups.

The second principle acknowledges that everyone, regardless of their sexual orientation or gender identity, has the right to full enjoyment of human rights without any discrimination. Everyone should be equal before the law and receive equal protection under the law. Discrimination in this law includes any distinction, exclusion, restriction, or preference. Any limitations on employment due to consensual same-sex relationships should be stopped and necessary measures should be taken to educate individuals and eliminate prejudice and discrimination based on sexual orientation, gender identity, or expression.

It should be noted that according to Principle 33 of the Yogjakarta Principles, the right to be free from criminalization based on sexual orientation, gender identity and expression, and sexual characteristics has been recognized. In 2017, 10 new provisions were added to the 29 principles adopted in 2006, explicitly calling for complete decriminalization in this area; whether in ordinary laws, religious laws, or under the guise of religious, customary, and moral justifications.

Are the principles of Yogacara similar to treaties or international agreements?

As we know, international treaties bind member countries to comply with the agreed upon terms through special mechanisms. In international treaties, there is no mention of sexual orientation, but when discussing the prohibition of any discrimination based on “sex” or “other grounds,” some interpreters also include sexual orientation and gender identity in these treaties. A famous example of this is the interpretation of the United Nations Human Rights Commission in 1994 regarding the prohibition of homosexual acts among men in Tasmania, which it described as dictatorial and unreasonable (4). This ruling was issued following a complaint by a homosexual man to the Human Rights Commission. He had lost his job due to his sexual orientation and believed this was a violation of Article 17 of the International Covenant on Civil and Political Rights, so he filed a complaint with the Human Rights Commission. In addition to international treaties, in 2016, a Special Rapporteur on sexual orientation and gender identity was created by the Human Rights Council, and for one year, Professor

In short, activists in this field in Iran can use the experiences of other countries and also rely on the principles of Yogjakarta to benefit from existing international mechanisms and strive to achieve the rights of sexual minorities.

Notes:

1. روز جهانی مبارزه با هوموفوبی، ترنسفوبی و بایفوبیا

   International Day Against Homophobia, Transphobia and Biphobia

2. For more information, go to .

   Website.

   The principles of Yogacarta, the principles of Yogacarta.

3. For more information, refer to the .

   Website.

   The Principles of Yogacara, Principles of Yogacara + 10.

4. For more information, refer to the .

   Website.

   The Australian Human Rights Commission studies complaints related to Australia and presents them to the Human Rights Committee.

5. Intersex: A general term for individuals who are born with sexual characteristics and/or reproductive organs that do not align with the typical definitions of male or female. These differences are sometimes apparent at birth and sometimes not until puberty, and in some cases may not be apparent until the person’s death.

6. Homophobia: Prejudice, fear, or hatred towards homosexual individuals.

7. Biphobia: Prejudice, fear, or hatred towards bisexual individuals.

8. Transphobia: Prejudice, fear, or hatred towards transgender individuals.

9. Intersexuality: The term used to describe prejudice or different behavior towards an individual due to their different physical, hormonal, and genetic characteristics. When a person is not entirely male or female, but a combination of both or neither. Intersexuality can involve deprivation or inadequate access to medical services.

10. Sexual characteristics: The physical features of an individual that are related to their gender; including sexual organs and other reproductive organs, chromosomes, hormones, and secondary physical characteristics that appear after puberty.