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Au t umn&wi n t e r
2 0 1 4 & 2 0 1 5
DEFENDERS
37
An example of illegal minorities are
Buddhists and Bahaiis in Iran. These
individuals have human rights as specified
in article 14. These rights are credible and
standing for as long as they do not conspire
or take action against the majority or against
Islam and the Islamic Republic. But if they
openly advertise and take provocative action,
then naturally they will face the reaction of
the law. From this aspect changing religions
in the Iranian law is acceptable, just as the
polygamy is accepted in France.
Illegal and semi-legal Social Minority
Citizens
According to the Constitution, Iranian
citizens benefit their basic human rights.
According to the Constitution, the family
is one of the most important social and civil
institutions. The family has a definition that
si a combination of the opposite sexes, and
from this aspect tendencies towards the same
sex for setting up a family in Iran is against
religious law and the law. Therefore in Iran it
is deemed as sexual identity disorder of the
individual.
2
From this aspect homosexual
groups are illegal, but transgenders are
not necessarily illegal. In both instances
visible action or formation of a social body
is reviewed via a permit from the Interior
Ministry.
1) Homosexuality: is deemed illegal
according to religious law and law. Therefore
in Iran it is deemed as a sexual identity crises
in Iran.
3
It must clearly be said that crime
in Iran has a meaning when it is clearly
committed. If homosexuality is a type of
disease it must be cured, and of course
there is no necessity for forced treatment.
Just like some of the current psychological
approaches,
4
in Iran homosexuality is seen
as a disorder. This disorder is reviewed in a
collective of mental disorders. Homosexuals
in Iran suffer from the lack of awareness.
They are mistreated in the family and society
which increases their mental pressure. This
is why these individuals receive medical
support. According to Chapter Three and
article 3 of the Constitution in any event these
individuals have basic rights. But these rights
must not be towards the actual advertisement
of the individual. Therefore the treatment
issue in Iran and including treatment of
HIV/AIDS must never be affected by the
discovery of the sexual orientation of the
person.
2)
Transsexualism: in Iran with a
tendency to sex change are free from legal
and religious law aspects and there are no
restrictions. Iran is the first Islamic country
whichofficiallyrecognizessexchange.Some
believe that this shows the importance of the
human rights and spirit of mankind’s status
in the Shia jurisprudence. The first fatwa in
this regard goes back to Imam Khomeini
before the 1979 revolution.
5
In his 1964
book, Tahrir Alvasileh, and on the subject
of Mostahedeseh issues, for the first time
brought up the subject of sex change in the
world of Shia. The religious views of many
Shia clergy, including the current Leader of
the Islamic revolution Ayatollah Khamanei
is the same. The number of sex change
operations in Iran compared to European
countries is much higher (form example 250
compared to 40). Perhaps because in Iran
open and official homosexuality is illegal
in Iran, the observation of the rights of the
patient in many instances is deemed as part
of human rights in Iran and the government
has specific guarantees. Unlike other
Islamic countries, sex change operations
for individuals that pass psychological
interviews and can afford to pay the surgery
fees, is legal. These surgeries are done in
accordance with the latest international
standards. Many patients from Eastern
Europe and Arabic countries travel to Iran
for this surgery.
6
Some Iranian citizens are
transsexual and from human rights aspect
in the event that they wish to, the Iranian
government will take upon facilitating all
support possibilities for sex change and
formation of a family. In some instances
2- Lesbiennes, gays, bisexu-
als et trans ou LGBT est un terme
utilize pour designer les per-
sonnes non heterosexuelles et, ou
cisgenres.
3- Sexual identity is given to a
collective of sex, gender, gender
identity and gender role and sex-
ual orientation. When we put all
these together and add the behav-
iour of the individual the sexual
identity is then clarified.
4- Healthy Minds blog post
on supporting gay youth, Is Ho-
mosexuality AMental Disorder?
5- And in a part of the issue
an edict is given: “apparently sex
change operations for men and
women have no problems and
surgery on even an individual that
is a neuter to be become a man or
a woman is not haram.”
6- Francis Harrison: Sex
Change Operation in Iran, BBC
Persian 23 February 2005.