Consensual sex between same-sex couples is unlawful in Iran. The Islamic Penal Code of Iran of 1991 defines Lavaat (sodomy) as consummated sexual activity between males, whether penetrative or not. Same-sex relations between women, or Mosaheghe, are defined as “homosexuality of women by genitals”. Both Lavaat and Mosaheghe are punishable by death; the Sharia judge decides on how to carry out the killing. In the case of sodomy (Art. 108–126) the death penalty applies if both the so-called ‘active’ and ‘passive’ persons are mature, of sound mind and have free will. The severity of the penalty will depend on factors such as marital status, religious affiliation, and prior convictions (Art. 234).

Non-penetrative acts, categorised as Tafkhiz (rubbing penis between thighs or buttocks) carries a punishment of 100 lashes, with the death penalty applied in cases of repeat offences or when religious differences exist between the parties (for example, where these acts take place between Muslims and non-Muslims (Art. 235 and 236)). 

If consenting mature women, of sound mind, are found to have engaged in Mosaheghe (Art. 127–134), the punishment is 100 lashes for each party. If the act is repeated, 100 lashes are enforced each time and the death sentence will be issued the fourth time the persons are so charged. If Mosaheghe is proved by the confession of the doer and she repents accordingly, the Sharia judge may request the leader (ValieAmr) to pardon her.

Art. 1258, 1321 and 1324 of the Iranian Civil Code refer to the standards of proof required for an individual to be found guilty of charges against them. Art. 117, 120 and 128 of the Islamic Penal Code of Iran stipulate that lesbian acts and sodomy are “proved” by the Courts by the “testimony of four righteous men who might have observed it”. Human Rights Watch has argued that, in practice, these provisions are subject to varying interpretations and abuse.

Beyond these, less severe acts such as kissing or “touching with lust” between same-sex individuals can result in punishments of 31 to 74 lashes (Art. 237).

Enforcement of these laws is severe, with several executions having been reported in recent years, including for instance, two men executed in 2022 for sodomy committed years earlier. 

The state also frequently raids private gatherings suspected of involving LGBTQI+ individuals, and conducts mass arrests. Once detained, individuals may face public humiliation and forced confessions. In such instances, forced anal examinations have also been reported, a practice widely condemned as torture by international human rights organisations. 

The international community has repeatedly criticised Iran’s treatment of LGBTQI+ individuals. United Nations bodies and human rights organizations argue that Iran’s penal provisions violate its commitments under the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Such actions also breach the Universal Declaration of Human Rights, which guarantees protection from torture, inhuman treatment, and discrimination.

Iran provides a legal pathway for transgender individuals to change their gender, a practice which has been in place since 1987. However, this process is contingent upon mandatory diagnosis of gender dysphoria and the completion of gender-affirming surgeries. The government provides financial assistance, including interest-free loans, to cover the costs of these procedures. 

Despite legal recognition following gender-affirming surgeries, transgender people face significant discrimination. They are frequently labelled as mentally ill. Violence and harassment of transgender individuals, as well as murders, are reported regularly.

Iran’s legal system, and its legal pathway for transgender individuals to change their gender, are based on a binary understanding of gender. Non-binary identities are not legally recognised, leaving no room for the recognition of non-binary or gender-fluid identities. LGBTQI+ individuals who are non-binary, or otherwise challenge traditional gender norms, often face harassment, violence, and arbitrary detention by state authorities, including the police.

There are no anti-discrimination protections in Iran for LGBTQI+ individuals. The legal system offers no recourse for those subjected to discrimination, hate crimes, or violence on the basis of their sexual orientation or gender identity.

There is no law in Iran addressing conversion therapy specifically. However, practices resembling conversion therapy are widely reported and often operate under the guise of “corrective treatments” for LGBTQI+ individuals, especially those identified as gay or lesbian. These unregulated treatments are provided lawfully by private and semi-governmental psychological and psychiatric clinics and are encouraged or endorsed by state and religious authorities. 

The prevailing view among Iranian healthcare professionals is that homosexuality is an illness and ‘treatments’ for homosexual individuals can include psychoactive prescription medications (such as Valium), sex reassignment surgery as described above, and electric shock therapy on the hands and genitals of LGBTQI+ persons, hypnosis and coercive masturbation to pictures of the opposite sex. One such clinic, the Anonymous Sex Addicts Association of Iran, reportedly has branches in 18 provinces. In March 2016, the UN Committee on the Rights of the Child (CRC) expressed concern at reports that children identifying as LGBTQI+ had been subjected to electric shocks and the administration of hormones and psychoactive medications as forms of cure.

Iran’s enforcement of its laws against LGBTQI+ individuals is well documented. Between 2011 and 2023, multiple executions for consensual same-sex acts have been reported. In 2019, a 31-year-old man was publicly hanged for sodomy charges. In 2017, at least one prisoner was executed in Ardabil Central Prison on similar charges. 

Mass arrests frequently follow raids on private gatherings. In 2017, a raid in central Iran led to the arrest of 30 men on charges of sodomy. Detainees in such cases often endure physical abuse, coerced confessions, and public flogging. Reports from organizations like 6Rang, an Iranian Lesbian and Transgender Network, indicate that LGBTQI+ individuals are frequently subjected to sexual violence, often at the hands of state authorities. 

Some detainees are forced to undergo “corrective” treatments, such as electric shock therapy, as described above.

Many LGBTQI+ Iranians flee the country to escape persecution, trying to seek asylum in jurisdictions that may offer protection. Refugees often face significant challenges in proving their claims, as same-sex relationships and advocacy are criminalised in Iran under Art. 698 of the Islamic Penal Code, making it difficult to provide evidence of persecution. Those who are forcibly returned to Iran face severe risks, including arrest, torture, and even execution.

Legal precedents in Australia have recognized Iran as an exceptionally hostile environment for LGBTQI+ individuals.

Iran is a signatory to international treaties, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which prohibit torture, inhuman punishment, and discrimination. However, its domestic laws and practices starkly contravene these commitments. During its Universal Periodic Review, Iran has received numerous recommendations to decriminalise same-sex conduct and introduce anti-discrimination protections. These recommendations have been consistently rejected.