وضعیت افراد دگرجنسگرا با نگاهی ویژه به حقوق کیفری ایران

سال انتشار: 1399
نوع سند: مقاله کنفرانسی
زبان: فارسی
مشاهده: 431

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شناسه ملی سند علمی:

ISCLAW01_010

تاریخ نمایه سازی: 18 اردیبهشت 1400

چکیده مقاله:

A transgender person is a person whose biological sex does not match his or her gender identity. The severity of the body's conflict with identity in some of these people may be so great that they try to unify their body and identity through hormone therapy and surgery. They see themselves in their minds and psyches as being of the opposite sex and say that they are women or men who were born wrongly in the form of a man or a woman. In fact, they love their hidden identity. These patients do not have any physical defects and may have had bitter experiences during their illness, such as enlisting in the army, studying with a girl or boy classmate, marrying the opposite sex, and even becoming pregnant and giving birth. These patients are ridiculed and as soon as they realize their illness or unknowingly discover the symptoms of the disease, because their behavior is the behavior of the opposite sex and the homosexual group does not tolerate these behaviors.The social status of transgender people in any society, in the first place, goes back to the culture and customs that govern that society. In addition, the legislature's approach to these individuals and their acceptance as a spectrum of society plays an important role in their lives.In this article, the authors try to examine the status of heterosexuals in Iranian criminal law with a descriptive-analytical method and with a practical purpose based on library studies and Receipt-taking tools.The data analysis method is based on the inferential analogy of the authors. The suggestion is to align with international regulatory documents and accept patients with sexual identity disorder as a stratum of society and to investigate legal cases and differentiate the victimization and delinquency of these people based on legal jurisprudence and of course medicine and psychiatry as well as laws. International and human rights, and by achieving a comprehensive legal system and disciplined judicial procedure, special protection laws should be enacted and implemented for this spectrum of society.

نویسندگان

فرحناز سحاب روشن

کارشناسی ارشد، حقوق جزا و جرم شناسی دانشگاه ازاد اسلامی واحد الکترونیک

بهروز جوانمرد

دکتری،حقوق کیفری و جرم شناسی ،دانشگاه آزاد اسلامی واحد صفادشت