Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 619-635 |
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Habibi Tabar M, Niknezhad J, Esmaeili M. Sexual Health Rights in Iran and International Instruments. MLJ 2026; 20 (61) :619-635
URL: http://ijmedicallaw.ir/article-1-2026-en.html
URL: http://ijmedicallaw.ir/article-1-2026-en.html
1- PhD Student in Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2- . Associate Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Associate Professor, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- . Associate Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Associate Professor, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Sexual health rights, as an integral component of human rights and a core dimension of public health, have received increasing attention in international instruments over recent decades, particularly in the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Cairo Programme of Action (1994), and the 2030 Agenda for Sustainable Development. By emphasizing sexual freedom, gender equality, and individual autonomy in reproductive decision-making, these instruments seek to safeguard human health and dignity. However, in the Islamic Republic of Iran, the concept of sexual health is defined in accordance with Islamic teachings and cultural values and is closely intertwined with morality, family, and social responsibility. This study aims to comparatively examine the underlying value systems and implementation mechanisms governing sexual health in international instruments and the Iranian legal system.
Method: In terms of its purpose, this study is fundamental-theoretical, and in terms of its nature, it adopts a descriptive-analytical approach. The required data and information were collected through library-based research and systematic extraction of materials from international instruments, Iranian statutory laws, Islamic jurisprudential sources, and relevant legal literature, and were subsequently examined and analyzed from a comparative perspective.
Ethical Considerations: Throughout the conduct and preparation of this study, the principles of research ethics, academic integrity in citing sources, textual originality, and the avoidance of plagiarism were fully observed.
Results: The findings indicate that international instruments are grounded in humanism, absolute individualism, and liberalism, and conceptualize sexual health primarily in terms of individual freedoms without religious constraints. By contrast, the Iranian legal system is founded upon theocentrism, the primacy of the family, and Sharia-based norms, and recognizes sexual health within the framework of lawful marital relations and legitimate moral obligations. Accordingly, fundamental differences exist between the two perspectives with respect to such issues as gender equality, abortion, and behavioral patterns outside the family institution.
Conclusion: Although both approaches emphasize the importance of human health and dignity, differences in their epistemological foundations and cultural values preclude the unconditional acceptance of international instruments concerning sexual health in Iran. The acceptance of such instruments without contextualization and localization may give rise to significant legal and social challenges. Accordingly, there is a need to reconceptualize global understandings of sexual health in light of Islamic principles and to develop context-specific legal and policy frameworks responsive to the needs of Iranian society.
Please cite this article as:
Habibi Tabar M, Niknezhad J, Esmaili M. Sexual Health Rights in Iran and International Instruments. Medical Law Journal. 2026; 20: e40.
Method: In terms of its purpose, this study is fundamental-theoretical, and in terms of its nature, it adopts a descriptive-analytical approach. The required data and information were collected through library-based research and systematic extraction of materials from international instruments, Iranian statutory laws, Islamic jurisprudential sources, and relevant legal literature, and were subsequently examined and analyzed from a comparative perspective.
Ethical Considerations: Throughout the conduct and preparation of this study, the principles of research ethics, academic integrity in citing sources, textual originality, and the avoidance of plagiarism were fully observed.
Results: The findings indicate that international instruments are grounded in humanism, absolute individualism, and liberalism, and conceptualize sexual health primarily in terms of individual freedoms without religious constraints. By contrast, the Iranian legal system is founded upon theocentrism, the primacy of the family, and Sharia-based norms, and recognizes sexual health within the framework of lawful marital relations and legitimate moral obligations. Accordingly, fundamental differences exist between the two perspectives with respect to such issues as gender equality, abortion, and behavioral patterns outside the family institution.
Conclusion: Although both approaches emphasize the importance of human health and dignity, differences in their epistemological foundations and cultural values preclude the unconditional acceptance of international instruments concerning sexual health in Iran. The acceptance of such instruments without contextualization and localization may give rise to significant legal and social challenges. Accordingly, there is a need to reconceptualize global understandings of sexual health in light of Islamic principles and to develop context-specific legal and policy frameworks responsive to the needs of Iranian society.
Please cite this article as:
Habibi Tabar M, Niknezhad J, Esmaili M. Sexual Health Rights in Iran and International Instruments. Medical Law Journal. 2026; 20: e40.
Type of Study: Review Article |
Received: 2025/11/19 | Accepted: 2026/05/11
Received: 2025/11/19 | Accepted: 2026/05/11
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