| For a summary of Iran’s review at the first cycle please click here. |
20th UPR session
Date of review: 31 October 2014
Date of report adoption: 22 December 2014
Document number: A/HRC/28/12*
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SUMMARY SOGIESC issues during Iran’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
14. Joint Submission 5 (JS5) recommended that the Islamic Republic of Iran take all necessary legislative, administrative and other measures to eliminate and prohibit discrimination on the basis of sexual orientation, gender identity or gender expression, including with respect to access to employment, housing, education, and healthcare, and to ensure that all individuals, regardless of their sexual orientation, gender identity or expression, are protected from violence and social exclusion. This would include eliminating the requirement of sex-reassignment surgery for transgender persons to change the gender markers on their official documents.
Right to life, liberty and security of the person
15. AI noted that the death penalty was prescribed in national law for offences other than those considered “ the most serious crimes” under international law such as drug trafficking and for acts that should not be criminalized such as consensual same-sex intercourse.
Right to life, liberty and security of the person
23. Joint Submission 9 emphasized that women and LGBTI persons in prison were particularly vulnerable.
27. AI stated that suspected offenders, including those targeted due to their real or perceived sexual orientation or gender identity, were subjected to arbitrary arrest, detention, torture and other ill-treatment and imprisonment. Joint Submission 8 (JS8) stated that transgender people were victims of various forms of violence at home and in public. Due to gender identity, they were stigmatized, harassed and abused verbally and physically by their family members, people on the street, classmates at school, colleagues at work and state-agents in plain clothes.
28. Iranian Railroad for Queer Refugees (IRQR) stated that security forces, including the police and paramilitary known as the Militia, had relied upon discriminatory laws to harass, arrest and detain allegedly queer individuals. Such enforcement of morality laws against sexual minorities illustrated that powerful homophobic rhetoric from religious leaders.
Right to privacy, marriage and family life
37. AI noted that the 2013 IPC criminalized all sexual conduct between individuals of the same sex, including between consenting adults. JS5 specified that the new IPC provided for punishment ranging from 100 lashes for consensual sexual activity between women (Article 239) to death for consensual sexual intercourse between men (Article 234).
38. JFI expressed concern that criminal laws and other official policies were being increasingly used as a tool to coerce gay, lesbian and transgender persons into reparative therapies and unwanted sterilization surgeries, in order to “cure” them of their homosexual attraction and make them “legal” under laws.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
50. IRQR and Joint Submission 8 (JS8) expressed concern that the Iranian Government extends surveillance and censorship efforts for gay bloggers.
Right to health
62. JFI noted reports that gay, lesbian and transgender persons were subjected by health care professionals, including those working in public hospitals, to electroshock treatment, mind-altering and nausea-inducing drugs, non-consensual sterilization, and grossly negligent sex reassignment surgeries resulting in horrific scarring, loss of sexual sensation, debilitating infectious diseases, incontinence, chronic chest pain and severe back pain. JS8 recommended enacting legislation and developing a clear policy to regulate the practice of sex reassignment surgery ensuring that it is grounded in human rights, provides quality, affordable and timely care and protects patients in cases of malpractice.
II. Excerpts on SOGIESC issues from the national report
Improving the status of women before the law
78. the most important steps taken include: […] Increasing the competencies of the Family Court from 13 to 18 instances and formation of new competencies – including gender reassignment and surrogacy.
III. Excerpts on SOGIESC issues by UN agencies
3. In 2013, several special procedure mandate holders sent a communication relating to allegations concerning the revised Islamic Penal Code (IPC), which came into force in June 2013. They noted allegations that the revised Islamic Penal Code provided for the use of the death penalty for some non-violent acts and discriminated against women and religious minorities. It retained stoning as punishment and provided for the death penalty for sodomy for the non-Muslim party in same-sex relations […].
Equality and non-discrimination
17. The HR Committee was concerned that the lesbian, gay, bisexual, and transgender community faced discrimination with respect to access to employment, housing, education and health care, and social exclusion within the community; as well as harassment, persecution, cruel punishment and the death penalty. CESCR recommended the repeal or amendment of all legislation resulting in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity
Right to life, liberty and security of the person
27. The Secretary-General stated that the recurrence of cruel, inhuman or degrading punishment, such as amputation of limbs and flogging remained a cause for concern.57 The HR Committee was also concerned about the imposition of corporal punishment by judicial and administrative authorities, particularly amputations and flogging for a range of crimes, including theft, enmity against God (moharebeh) and certain sexual acts.
Right to privacy, marriage and family life
40. CESCR was concerned that consensual same-sex sexual activity was criminalized and that convicted persons might receive the death penalty.
IV. References to SOGIESC issues during the Working Group review
135. With regard to homosexuality, he pointed out that homosexuality had been subject to prosecution in most Western countries in the not too distant past.
V. Conclusions and/or recommendations
Iran noted the following recommendations:
138.96 Amend national legislation that discriminates on the basis of gender, religion, political thought or sexual orientation (Uruguay);
138.116 Consider strengthening existing arrangements in order to promote equality of religious communities not belonging to Islam, and of lesbian, gay, bisexual and transgender (LGBT) persons through the repeal or amendment of laws that allow for prosecution or punishment (Argentina);
138.135 Outlaw forced or coerced sterilisation, sex reassignment surgeries and reparative therapies imposed without, free and informed consent (Iceland);
138.136 End discrimination on the basis of sexual orientation (Canada);
138.137 Engage in order to address any form of discrimination against LGBTI people and in particular to prevent any practice which can harm their dignity, such as unnecessary sex reassignment surgery, especially when carried out without duly informed consent (Italy);
138.138 Repeal the provisions in its Penal Code which criminalize consensual same-sex activities between adults (Spain);
138.139 Repeal laws criminalizing consensual sexual conduct between samesex adults (Iceland);
138.140 Revise legislative provisions that legalize abuse, persecution, sexual violence and arrest of LGBTI persons (Iceland);
138.141 Abolish all legislation resulting in discrimination, prosecution and punishment of people based on their sexual orientation or gender identity (Israel);
138.142 Repeal all legislative provisions which lead to discriminations based on sexual orientation and declared or perceived gender identity of persons (Luxembourg);
138.143 Pay attention to cases of violence and discrimination based upon sexual orientation, in particular against LGBT persons, both in law and in practice (Chile);
138.183 Ensure, in accordance with articles 5 and 7 of ICCPR, freedom from torture, while in detention, for all, regardless also of sexual orientation (Denmark);
138.282 Ensure that religious, ethnic and sexual minorities are able to exercise their rights and freedoms, as guaranteed by the Iranian Constitution (Netherlands).
VI. Further information
You will find all documents relating to Iran’s second review at UPR-Info and OHCHR’s websites.