چکیده:
Fundamental human rights are at the top of human rights, and governments and international organizations have also emphasized their observance. It is based on this that the approved laws and regulations should be approved around these rights and always consider human dignity and the goals and philosophy of rights (achieving justice and facilitating people's lives).One of the most important rights of every human being is the right to self-determination, which is emphasized by jurisprudence, domestic law and international law. One of the things that mankind has always faced and due to the progress of knowledge and technology, there is a more scientific view of it, is the issue of gender change of transgender people. In fact, science has proven that some people have gender and identity disorders and there is a need to change the current gender through medical surgery. Domestic and international laws and regulations and jurisprudential standards have agreed to this despite the conditions. In the meantime, attention to these rights by every individual and institution as well as in the legal system and judicial procedure is obligatory, and in real, facts should not be sacrificed for credit.
خلاصه ماشینی:
The Right to Self-Determination as one of the fundamental human rights regarding transgender persons (With emphasis on the verdict issued by the thirteenth branch of the Mazandaran Province Court of Appeal) Mohammad Saeed Hosseini Master of Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch, Tehran, Iran (Corresponding Author) mshosseinilaw@gmail.
1- Concepts In this section of the research, due to the specialized nature of some terms and concepts such as transgenderism, gender reassignment, the difference between gender identity and sex, and sexual orientation, we will proceed to define and explain them and take a look at relevant legal issues such as fundamental human rights and the right to self-determination.
Article 20 of the Constitution of the Islamic Republic of Iran: All members of the nation, both men and women, are equal under the protection of the law and enjoy all human, political, economic, social, and cultural rights, while observing Islamic standards.
Furthermore, jurisprudential standards and sources of emulation (Maraji'), domestic laws and regulations, including the Constitution of the Islamic Republic of Iran and the Family Protection Law passed in 2012, as well as international laws and regulations, such as the conventions to which Iran is a party and which, according to Article 9 of the Civil Code, are considered domestic law (the Convention on the Rights of the Child, the United Nations Declaration of Human Rights, etc.
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