Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 585-600 |
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Bagherzadeh S, Abbasi M, Sharifi Tarazkoohi H. Feasibility Study of Identifying the Third Sex for Transsexual Persons. MLJ 2022; 16 (57) :585-600
URL: http://ijmedicallaw.ir/article-1-1517-en.html
URL: http://ijmedicallaw.ir/article-1-1517-en.html
1- Department of Public and International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
3- Faculty of Law, Imam Hossein University, Tehran, Iran
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
3- Faculty of Law, Imam Hossein University, Tehran, Iran
Abstract:
Background and Aim: Although in most countries, transsexul persons are categorized as patients with mental disorders due to the mismatch between their sexual identity and their gender identity and in many countries the right to sex change for transsexul persons is not recognized or in practice faces various obstacles, but the Islamic Republic of Iran For decades, according to the jurisprudential fatwas on the permission of sex change have been considered as one of the pioneering and leading countries in this area of human rights, however, according to new findings from the World Health Organization, transsexualism is no longer considered a mental disorder and this article considers the necessity of discourse based on the new findings, evaluates the scientific, jurisprudential, international human rights system and domestic law perspectives in order to assess the possibility of identifying the third sex in domestic law in order to deepen the country's pioneering in this area of human rights.
Method: The research method is descriptive-analytical and the data collection method is library resources and other available resources.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: According to the decision of the World Health Organization, being transsexual is no longer considered a mental disorder and instead of being classified as a "mental illnesses", it is included in the category of "sexual health status". In recent years. Some countries have recognized the third sex of transsexual persons. In domestic law, the third sex is not recognized for transsexual persons, however, jurisprudential scholars such as Ayatollah Meshkini have advocated the recognition of the third sex for the transsexuals.
Conclusion: According to the scientific findings of the World Health Organization and in terms of the undeniable impact of international law and the international human rights system on domestic law and the slow but growing desire of States to recognize the third sex and aware of the potential of dynamic Shiite jurisprudence, including Ayatollah Meshkini fatwa, in the position of a pioneer country, new topics of legal jurisprudential studies should be started from now on in relation to the various dimensions of identifying the third sex for transgender persons in terms of its socio-cultural pathology.
Please cite this article as:
Bagherzadeh S, Abbasi M, Sharifi Tarazkoohi H. Feasibility Study of Identifying the Third Sex for Transsexual Persons. Medical Law Journal. 2022; 16(57): e44.
Method: The research method is descriptive-analytical and the data collection method is library resources and other available resources.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: According to the decision of the World Health Organization, being transsexual is no longer considered a mental disorder and instead of being classified as a "mental illnesses", it is included in the category of "sexual health status". In recent years. Some countries have recognized the third sex of transsexual persons. In domestic law, the third sex is not recognized for transsexual persons, however, jurisprudential scholars such as Ayatollah Meshkini have advocated the recognition of the third sex for the transsexuals.
Conclusion: According to the scientific findings of the World Health Organization and in terms of the undeniable impact of international law and the international human rights system on domestic law and the slow but growing desire of States to recognize the third sex and aware of the potential of dynamic Shiite jurisprudence, including Ayatollah Meshkini fatwa, in the position of a pioneer country, new topics of legal jurisprudential studies should be started from now on in relation to the various dimensions of identifying the third sex for transgender persons in terms of its socio-cultural pathology.
Please cite this article as:
Bagherzadeh S, Abbasi M, Sharifi Tarazkoohi H. Feasibility Study of Identifying the Third Sex for Transsexual Persons. Medical Law Journal. 2022; 16(57): e44.
Keywords: Transsexual, International Human Rights System, World Health Organization, Independent Gender Identity, Third Gender, Identification
Type of Study: Original Article |
Received: 2022/01/7 | Accepted: 2022/06/2
Received: 2022/01/7 | Accepted: 2022/06/2
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