IRAN-SOGI-TBs-CCPR

Concluding Observations on Report 4 (2023) (Link)

Non-discrimination

13. While in its Constitution the State party proclaims the enjoyment of equal rights and equal protection before the law, the Committee is concerned that the legal framework does not afford comprehensive and effective protection against discrimination on all the grounds covered by the Covenant, including gender, religion, political or other opinion, sexual orientation and gender identity. The Committee notes that the Charter of Citizenship Rights prohibits the spread of hatred; however, it is concerned by reports of a high prevalence of hate crimes and allegations that hate crimes are not investigated and perpetrators go unpunished. It is particularly concerned by multiple reports of hate speech by public officials, instigating prejudice against lesbian, gay, bisexual and transgender persons (arts. 2, 20, 26 and 27).

 14. The State party should ensure that its legal framework provides full and effective protection against discrimination in all spheres and contains a comprehensive list of prohibited grounds for discrimination in line with the Covenant, including sexual orientation and gender identity, so that everyone can fully enjoy all of the human rights enshrined in the Covenant; and ensure that no such discrimination or violence is tolerated and that such conduct is properly addressed and remedied. It should also ensure that hate speech and hate crimes are thoroughly, effectively and promptly investigated, and that perpetrators are prosecuted and, if convicted, punished in accordance with human rights standards. It should provide effective remedies for victims of discrimination, in particular in cases of discrimination on the grounds of gender, religion, sexual orientation and gender identity. The State party should also carry out awareness-raising campaigns to address and prevent discriminatory attitudes held by members of the public.

15. While the Committee acknowledges the diversity of morality and cultures among peoples, it recalls that State laws and practices must always be subject to the principles of universality of human rights and non-discrimination. The Committee remains concerned that consensual same-sex relations between adults are criminalized by the Islamic Penal Code, and that persons who are convicted in such cases are punished with severe criminal penalties, ranging from public lashing and flogging to death sentences, which are actively enforced by the State. The Committee is also concerned by the prosecution of human rights defenders who advocate on behalf of sexual or gender minorities, and that some defenders, such as Zahra (Sareh) Sedighi Hamadani and Elham Chobdar, had been sentenced to death. It is also concerned that the criminalization of consensual same-sex sexual relations between adults and of gender non-conformity fosters an environment for hate speech and hate crimes against lesbian, gay, bisexual and transgender individuals. It remains concerned that State actors frequently harass and detain lesbian, gay, bisexual and transgender individuals on the basis of public decency laws and subject such persons to torture and ill-treatment while they are in detention. The Committee is also concerned about reports of gay and lesbian Iranians being pressured into undergoing gender reassignment surgery without their free consent (arts. 2, 6,

16. The State party should:

(a) Repeal or amend the provisions of the Islamic Penal Code in order to decriminalize same-sex consensual relations between adults; in particular, it should ensure that the death penalty is not imposed for such relations or for advocating for the rights of lesbian, gay, bisexual and transgender persons;

(b) Ensure that all acts of violence against persons due to their actual or perceived sexual orientation or gender identity and against human rights defenders who advocate on behalf of sexual or gender minorities are effectively investigated, that perpetrators are brought to justice and that victims are provided with reparation;

(c) Ensure that all persons held in prison or other places of detention solely on account of their actual or perceived sexual orientation or their consensual sexual activities are released.

---

Concluding Observations on Report 3 (2011) (Link)

10. The Committee is concerned that members of the lesbian, gay, bisexual, and transgender community face harassment, persecution, cruel punishment and even the death penalty. It is also concerned that these persons face discrimination on the basis of their sexual orientation, including with respect to access to employment, housing, education and health care, as well as social exclusion within the community (arts. 2 and 26).

The State party should repeal or amend all legislation which provides for or could result in discrimination against, and prosecution and punishment of, people because of their sexual orientation or gender identity. It should ensure that anyone held solely on account of freely and mutually agreed sexual activities or sexual orientation should be released immediately and unconditionally. The State party should also take all necessary legislative, administrative and other measures to eliminate and prohibit discrimination on the basis of sexual orientation, including with respect to access to employment, housing, education and health care, and to ensure that individuals of different sexual orientation or gender identity are protected from violence and social exclusion within the community. The Committee reaffirms that all of these matters fall entirely within the purview of the rights contained in the Covenant, and therefore within the Committee’s mandate. It urges the State party to include detailed information on the enjoyment of Covenant rights by members of the lesbian, gay, bisexual and transgender community in its next periodic report.

***

16. The Committee is concerned about the continued imposition of corporal punishment by judicial and administrative authorities, in particular amputations and flogging for a range of crimes, including theft, enmity against God (mohareb) and certain sexual acts. It is also concerned that corporal punishment of children is lawful in the home, as a sentence of the courts and in alternative care settings (art. 7).

The State party should amend the Penal Code to abolish the imposition of corporal punishment by judicial and administrative authorities. The State party should also explicitly prohibit all forms of corporal punishment in child-rearing and education, including by repealing the legal defences for its use in article 1179 of the Civil Code, articles 49 and 59 of the Penal Code and article 7 of the Law on the Protection of Children.

---

Concluding Observations on Report 2 (1993) (Link)

[no mention]

---

Concluding Observations on Report 1 (follow-up) (1982) (Link)

[no mention]

---

Concluding Observations on Report 1 (1978) (Link)

[no mention]

---