Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, which carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.
For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.
The law does not prohibit domestic violence. Authorities considered spousal and intrafamilial abuse a private matter and seldom discussed it publicly.
An April 2020 IRNA article noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.
In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly approved a law increasing sentences for the perpetrators of these attacks, the government instead continued to prosecute individual activists seeking stronger government accountability for the attacks. In October 2020 a court sentenced Aliyeh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. Also in October 2020 authorities arrested Negar Masoudi for holding a photograph exhibition featuring victims of acid attacks and for advocating to restrict the sale of acid.
According to Iran International, on August 8, a man in the city of Orumiyeh allegedly used his motor vehicle to run over two women, seriously injuring one of the women, after accusing them of “bad hijab,” interpreted by some as not appropriately following the Islamic dress code.
Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “The cutting or removing of the two sides of female genitalia leads to diya equal to half the full amount of diya for the woman’s life.”
Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces and was inflicted on girls ages five through eight, primarily in Shafi’i Sunni communities.
Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily newspaper Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives – including their husbands, fathers, and brothers – in the name of preserving the family’s “honor.”
The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases, because fathers (but not mothers) are considered legal guardians and are exempt from capital punishment for murdering their children.
In June 2020 Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. In June 2020, in response to a national outcry over Ashrafi’s killing, the Guardian Council approved a law making it a crime to abuse emotionally or physically or abandon a child, but it left unchanged the maximum sentence of 10 years for a father convicted of murdering his daughter. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August 2020 a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a stricter penalty, but there were no reported updates to the case.
Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women’s and human rights observers reported that sexual harassment was the norm in many workplaces. In April multiple women, including model and actress Boshra Dastournezhad, came forward on social media sites such as Clubhouse and Instagram to accuse singer and songwriter Mohsen Namjoo of sexual harassment and sexual assault. They circulated a petition calling on media outlets to ban his presence until the allegations were investigated. According to IranWire, on April 18, Namjoo apparently apologized for the sexual harassment accusations but denied other sexual assault allegations via his YouTube channel. The incident fueled online debate regarding victims’ accounts of sexual harassment and assault.
According to IranWire, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense. On November 15, Emamverdi’s trial began before a revolutionary court in Tehran, where he reportedly denied all charges.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012 on the supreme leader’s orders, the government ended the Family and Population Planning Program. On November 16, President Raisi signed into law the “rejuvenation of the population and support of the family” bill, which directs authorities to prioritize population growth. These policies include measures such as outlawing voluntary sterilization and banning the free distribution of contraceptives by the public health-care system. The law also stipulates that content on family planning in university textbooks should be replaced with materials on an “Islamic-Iranian lifestyle,” with a framework drawn up in cooperation with religious seminaries and the Islamic Propaganda Organization. In January according to a report by Iran International, the Ministry of Health banned health centers in nomadic tribal areas from providing contraceptives to women. On November 16, UN human rights experts “urge[d] the Government to immediately repeal [the law] and to take measures to end the criminalization of abortion and to ensure that all women can access all necessary health services, including sexual and reproductive care, in a manner that is safe, affordable, and consistent with their human rights.”
The government did not provide access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was not available as part of clinical management of rape.
According to human rights organizations, an increase in child marriage – due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls – was likely adversely affecting the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight in Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.
Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly hindered the ability of civil society organizations to fight for and protect women’s rights.
In June 2020 the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.g, Stateless Persons and section 6, Children). The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.
The law permits a man to have as many as four wives and an unlimited number of temporary wives (sigheh), based on a Shia custom under which couples may enter a limited-time civil and religious contract that outlines the union’s conditions. The law does not grant women equal rights to multiple husbands.
A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.
The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches age seven, the father is granted custody unless he is proven unfit to care for the child.
Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s life. By law the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, except for car accident insurance payments. According to a CHRI report, in 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman remains one-half the blood money paid for harm to a man, but the remaining difference would be paid from a publicly funded trust.
Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.
The Statistical Center of Iran reported that the overall unemployment rate in the second quarter of the year was 8.8 percent. Unemployment of women in the country was twice as high as it was of men. Overall female participation in the job market was 18.9 percent, according to the Global Gender Gap 2021 report. Women reportedly earned significantly less than men for the same work.
Women continued to face discrimination in home and property ownership, as well as in access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.
The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf over the head (hijab) and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.
Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years for Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers. As of September 19, all three women remained in prison.
In May 2020 the lawyer for imprisoned activist Saba Kord Afshari said on Twitter that judicial authorities had reinstated a seven and one-half-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty of “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence reverted to 15 years with the reinstated portion of the sentence. In February 2020 Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year. Kord Afshari was “exiled” to Ward 6 of Qarchak Prison in Varamin in late January, where reportedly authorities beat her and held her alongside violent criminals. She ended her hunger strike in May. Ahmadi reportedly suffered spinal cord damage in Evin Prison upon hearing of her daughter’s transfer. As of September 19, both women remained in prison.
In a February 2020 letter to Iranian authorities, the world soccer governing body International Federation of Association Football (FIFA) insisted women be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October authorities reversed their earlier announcement that 10,000 vaccinated spectators – including women – could watch Iran play in a FIFA qualifying match and allowed no spectators into the stadium.
As noted by the former UNSR and other organizations, female athletes were traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.
Systemic Racial or Ethnic Violence and Discrimination
The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in media. The law grants the right of citizens to learn, use, and teach their own languages and dialects. Nonetheless, the government discriminated against minorities.
Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities (see section 1.a.). Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime of which they were accused. These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights. In a July report, UNSR Rehman again expressed concern regarding the reported high number of political prisoners and prisoners of conscience from the Azeri, Kurdish, and Ahwazi Arab communities.
Another widespread complaint among ethnic minority groups, particularly among Ahwazis, Azeris, and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities.
The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.
The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedoms of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies. The UNSR noted in his July report that in the early part of the year many Kurdish individuals were arrested and detained in unknown locations.
According to the same UNSR report, authorities continued to target Kurdish-language teacher Zara Mohammadi, who supported learning in mother tongue languages, when an appeals court confirmed a five-year prison sentence on February 13 related to national security charges. Authorities detained without furlough Kurdish political prisoner Zeinab Jalalian, who was arrested in 2008 for allegedly being a part of a banned armed Kurdish political group, and reportedly denied her access to adequate health care.
Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general.
International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize property titles issued during the prerevolutionary era.
Ethnic Azeris, who number more than 18 million, or approximately 24 percent of the population, were more integrated into government and society than other ethnic minority groups, to include Supreme Leader Khamenei. Azeris reported the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.
In July the UNSR reported that authorities continued to target Azeri civil society actors, including Abbas Lisani and Alireza Farshi, for their advocacy of minority rights. According to a February report by CHRI, Farshi, who was convicted and imprisoned on national security charges for peaceful activities on International Mother Language Day in 2014, was transferred from Evin Prison to Greater Tehran Penitentiary after being subjected to physical violence by authorities that resulted in injuries. He was also reportedly facing new charges related to his advocacy. Between January and June 14, Lisani and seven other Azeri political prisoners refused liquids in protest over Farshi’s mistreatment. Authorities reportedly agreed to address their concerns, which included access to medical leave and a cessation of the transfer of prisoners convicted of violent crimes into their ward, but authorities did not fulfill these promises.
Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing. Baluchi activists reported that more than 70 percent of the population lived below the poverty line.
According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials.
According to widespread media reports and the UNSR’s July report, on February 22, IRGC officials killed 10 fuel couriers in Sistan va Balochistan Province, leading to protests. Authorities used excessive force including live ammunition to suppress these protests, causing two additional deaths (see section 1.a., Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings). UNSR Rehman previously noted in July 2020 that “in the border areas of Kurdistan, Ilam, West Azerbaijan and Kermanshah Provinces, Kurdish couriers (kolbars) continue to face excessive and lethal force by border officials. In 2019 there were 84 reported deaths and 192 injuries of kolbars, continuing a trend that has seen more than 1,000 kolbars killed or injured due to the actions of border officials since 2014. It is with concern that cases of violence against kolbars are often either dismissed by the courts or closed without conviction or compensation for the victims and their families.”
The UNSR’s report noted that excessive force was routinely used in antinarcotic operations in Sistan va Balochistan Province. In May for example, antinarcotic police in Iranshahr reportedly fatally shot a five-year-old child in the head.
Birth Registration: The law provides Iranian mothers the right to apply for citizenship for children born to fathers with foreign citizenship (see section 2.g, Stateless Persons and section 6, Women). Although the law is retroactive, mothers do not receive equal treatment; they must file an application for their children, whereas children born to Iranian fathers automatically have citizenship. The law also includes a stipulation of obtaining a security clearance from the security agencies prior to receiving approval. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.
Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls. According to HRW the child protection law passed in June 2020 following the killing of Romina Ashrafi (see section 6, Other Harmful Traditional Practices) sets out financial penalties for parents or guardians who fail to provide for their child’s access to education through secondary level. Secondary education is free. Children without state-issued identification cards are denied the right to education. In a 2019 report, UNSR Rehman expressed concern regarding access to education for minority children, including references to high primary school dropout rates for ethnic minority girls living in border provinces.
The government consistently barred use of minority languages in school for instruction.
Child Abuse: There was little information available on how the government dealt with child abuse. The law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement. In June 2020 the Guardian Council approved legislation to support a child’s safety and well-being, including penalties against physical harm and for preventing access to education. The law defines a set of punishments, which include imprisonment and “blood money,” for negligence by anyone, including parents, that results in death, disability, bodily harm, and sexual harassment. The law requires the State Welfare Organization to investigate the situation of children in “extreme danger” of abuse, exploitation, or being out of school, among other concerns. The state also has the authority to remove children from a household and put them under state supervision until the prosecutor takes on the case. The law also applies to all citizens younger than age 18, despite the earlier age of maturity.
Reports of child abuse reportedly increased during the COVID-19 pandemic. The head of the State Welfare Organization in Mashhad noted an eightfold increase in child abuse cases reported in Mashhad in 2020, compared with the same period in 2019. According to IranWire, in October the head of Paveh city’s intelligence office ordered officers to detain and interrogate harshly two journalists for reporting on the rape of a seven-year-old girl by a 43-year-old man on September 20. The same intelligence office banned a psychiatrist from treating the child and left her with no medical care. Authorities threatened to arrest the journalists if they continued investigating the case.
According to IranWire, the Students’ Basij Force stepped up efforts in 2020 to recruit young persons into the organization. Although “most of these activities are of an educational and ideological nature,” there were reports that during recent domestic unrest, some younger Basij forces armed with light military equipment were seen on the streets of some cities. There continued to be reports of IRGC officials recruiting Afghan child soldiers, including to support Assad regime forces in Syria and the Taliban in Afghanistan (see section 1.g., Child Soldiers). In a 2018 interview by IranWire, a Fatemiyoun Brigade commander confirmed Afghan minors as young as 14 served in his unit in Syria.
Child, Early, and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as age nine may be married with permission from a court and their fathers. According to HRW, the child protection law does not criminalize child marriage.
According to the UNSR’s January report, between March 2018 and March 2019 the National Organization for Civil Registration registered 13,054 marriages of girls younger than 13. In 2019 a deputy minister warned that banks offering “marriage loans” without age restrictions increased child marriage. He stated that from March to August 2019, 4,460 girls younger than 15 had received such loans. Between March and June 2020, 7,323 marriages involving girls ages 10 to 14 were registered. The report also noted that a survey found that 37.5 percent of those subjected to child marriage were illiterate and a significant number reported domestic abuse.
Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation or provide a punishment for it.
According to CHRI, the ambiguity between the legal definitions of child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.
Displaced Children: There were reports of thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.
UNHCR stated school enrollment among refugees was generally higher outside the 20 settlements, where more resources were available and where 96 percent of the refugees resided.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the Tehran Jewish Committee, the population includes approximately 9,000 Jews. Members of the Iranian Jewish community were reportedly subjected to government restrictions and discrimination. Government officials, including the supreme leader, routinely engaged in egregious anti-Semitic rhetoric and Holocaust denial and distortion. On May 7, so-called Jerusalem Day, Supreme Leader Khamenei issued numerous anti-Semitic tweets calling those who live in Israel “racists,” questioning the Holocaust, and calling again for a referendum of original inhabitants to determine the future status of Israel, the West Bank, and Gaza.
Cartoons in state-run media outlets repeatedly depicted foreign officials as puppets of Jewish control. In September 2020 a government-controlled arts organization, the Hozeh Honari, announced it would hold a third “Holocaust Cartoon Festival,” the previous two having been held in 2006 and 2016. The contest results were released on January 1.
According to media reports, officials and media propagated conspiracy theories blaming Jews and Israel for the spread of COVID-19. According to NGO reports, school textbooks contained content that incites hatred against Jews as part of the state curricula for history, religion, and social studies.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
It is legal for persons to sell their kidney. The government matches buyers and sellers and sets a fixed price, but a black market for organs also existed.
According to HRW the 2018 Law for the Protection of the Rights of Persons with Disabilities increases pensions and extends insurance coverage to disability-related health-care services, but it does not explicitly prohibit discrimination. According to CHRI, as of 2019 the government did not allocate a budget to enforce the law. The law prohibits persons with vision, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and were largely unable to meet the needs of the entire population.
In 2019 HRW and CHRI reported persons with disabilities remained cut off from society, a major obstacle being a mandatory government medical test that may exclude children with disabilities from the public school system. Based on government figures, during the 2018-19 school year, 150,000 children of school age with disabilities were enrolled in school, and more were in “special schools” that segregated them from other students. Estimates put the total number of school-age children with disabilities at 1.5 million. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Subsequently, many persons with disabilities remained unable to participate in society on an equal basis.
The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historic sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility, including access to toilets for persons with disabilities, remained a problem. Individuals with disabilities had limited access to informational, educational, and community activities. CHRI reported in 2018 that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government.
Despite government programs to treat and provide financial and other assistance to persons with HIV or AIDS, international news sources and organizations reported that individuals known to be infected with HIV or AIDS faced widespread societal discrimination. Individuals with HIV or AIDS, for example, continued to be denied employment as teachers.
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.
While few details were available for specific cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists expressed concern that the government executed LGBTQI+ individuals under the pretext of more severe, and possibly specious, criminal charges such as rape. Security forces harassed, arrested, and detained individuals they suspected of being LGBTQI+. In some cases security forces raided houses and monitored internet sites for information on LGBTQI+ persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations – which the United Nations and World Health Organization stated may constitute torture – and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women.
According to Amnesty International, on May 4, 20-year-old Alireza Fazeli Monfared, who identified as a nonbinary gay man, was abducted by male relatives in his hometown of Ahwaz in Khuzestan Province. The next day these men reportedly told Monfared’s mother they had killed him and dumped his body under a tree. Authorities confirmed his throat was slit and announced an investigation; however, according to Amnesty International in September, none of the suspected perpetrators had been arrested.
According to an August factsheet by CHRI, a 2020 survey by 6Rang of more than 200 individuals living in the country and identifying as LGBTQI+ found that 46 percent reported being victims of sexual violence at their school or university, 49 percent reported being victims of sexual violence by their peers, and more than 52 percent reported being victims of sexual violence in public spaces. Anonymous respondents reported being beaten, detained, and flogged by security authorities.
The government censored all materials related to LGBTQI+ status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTQI+ issues, including the censorship of Wikipedia pages defining LGBTQI+ and other related topics. There were active, unregistered LGBTQI+ NGOs and activists in the country.
In 2019 a revolutionary court sentenced Rezvaneh Mohammadi, a gender-equality activist, to five years in prison. According to CHRI, authorities arrested Mohammadi in 2018 and held her in solitary confinement for several weeks at Evin Prison, where they pressured her, including via threat of rape, to confess to receiving money to overthrow the government. Mohammadi was reportedly freed on bail.
Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.
The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.
While LGBTQI+ status and conduct are criminalized, many clerics believed that LGBTQI+ persons were trapped in a body of the wrong sex, and NGOs reported that authorities pressured LGBTQI+ persons to undergo gender reassignment surgery. Reports indicated these procedures disregarded psychological and physical health and that many persons recommended for surgery did not identify as transgender but were forced to comply to avoid punishment for their LGBTQI+ identity. According to a July 2020 report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTQI+ persons continued to grow. The NGO 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTQI+ persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of persons of the opposite sex. According to 6Rang, one such institution was called the Anonymous Sex Addicts Association of Iran, with branches in 18 provinces.