نوع مقاله : علمی - پژوهشی
عنوان مقاله English
نویسندگان English
Gender transition is one of the significant legal, ethical, and medical issues in the contemporary era, and its legal aspects are now also considered in light of human dignity. The present study, in light of the importance of this issue, aims to comparatively examine the views of advocates of gender transition in Iran and the UK from the perspective of human dignity. The question of the study, therefore, has been formed as: “What reasons have been presented for the acceptance of the issue of gender transition in the domestic laws of the two countries?” The present study has shown that the issue of gender transition has not been addressed independently and explicitly in Iran's laws; however, due to the connection between Islamic jurisprudence and law, referring to Islamic jurisprudential viewpoints is essential for examining opinions on gender transition. Additionally, approval of gender transition from the Islamic jurisprudential perspective can be achieved by relying on jurisprudential principles such as permissibility (ḥalāl), necessity (iḍṭirār), self-control (tasallut 'ala nafs), and by undergoing medical procedures. In the domestic laws, the issue of gender transition is only mentioned in paragraph 18 of Article 4 of the Family Protection Law of 1391 (2012), which reflects either the legislator's silence or the consideration of certain criteria for the acceptance of this phenomenon. In the UK, gender transition is considered a free choice for the individual, extending human dignity to include the individual's right to change their gender. In the laws passed in 2004 and 2010, the economic and social rights of these individuals are considered equal to those of other citizens. The human dignity of individuals who have undergone or seek gender transition in Iran is dependent on the approval of their need by medical and legal authorities, whereas in the UK, it is based on the individual's free will and is equal to the rights of other citizens.
کلیدواژهها English
