A/HRC/22/56
I.
Lesbian, gay, bisexual and transgender community
65.
The Special Rapporteur continues to share the concern of the Human Rights
Committee that members of the lesbian, gay, bisexual and transgender (LGBT) community
face harassment, persecution and cruel punishment, and are denied basic human rights. The
new draft Islamic Penal Code criminalizes same-sex relations between consenting adults.
Articles 232 and 233 of the new Penal Code would mandate a death sentence for the
“passive” male involved in sodomy, regardless of whether his role was consensual. Under the
new law, “active” Muslim and unmarried males may be subject to 100 lashes as long as they
are not engaged in rape. Married and/or non-Muslim males may be subject to capital
punishment for the same act. According to the new Penal Code, men involved in nonpenetrative same-sex acts or women engaged in same-sex acts would also face 100 lashes..
66.
The Special Rapporteur is concerned that criminalizing same-sex relations could lead
to the violation of core human rights guarantees, including the right to life, the right to
liberty, the right to be free from discrimination and the right to be protected against
unreasonable interference with privacy, provided under international human rights
instruments, particularly the International Covenant on Civil and Political Rights. The
Special Rapporteur joins the Secretary-General and the United Nations High Commissioner
for Human Rights in their call for an end to violence and discrimination against all people,
irrespective of their sexual orientation and gender identity.68
67.
Interviews with 24 members of the Iranian LGBT community for the present report
substantiated many of the concluding observations made by the Human Rights Committee.69
Fifteen interviewees stated that they had been arrested at least once for their sexual
orientation or for associating with other LGBT persons. Thirteen reported that, in detention,
security officers had subjected them to some form of torture or physical abuse, including
punching, kicking or baton strikes to the head or body and, in a few cases, sexual assault and
rape. Several people reported that they had been coerced into signing a confession. The
criminalization of same-sex relations facilitates physical abuse in the domestic setting as
well. A majority of these individuals reported that they had been beaten by family members
at home but could not report these assaults to the authorities out of fear that they would
themselves be charged with a criminal act.
J.
Socioeconomic rights
1.
Right to education
68.
In addition to the limitations put on access to education for women and some religious
minorities, reports continue to indicate that students engaged in political activities are being
deprived of their education (see table 5 below). In a letter to the Special Rapporteur, an
Iranian student organization, Daftar Tahkim Vahdat, reported an increase in punitive action
against student organizations, publications and activities in reaction to peaceful efforts aimed
at improving academic life and defending student and human rights.
68
69
20
See “Born Free and Equal: sexual orientation and gender identity in international human rights law”,
OHCHR, 2012. Available from
www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf.
See CCPR/C/IRN/CO/3, para. 10.
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