The Right to Self-Determination as one of the Basic Human Rights Regarding Transgender People (with Emphasis on the Decree Issued by the 13th Branch of the Court of Appeal of Mazandaran Province)

Document Type : Original Article

Authors
Mohammad Saeid Hosseini 1
Heshmat Rostami Daroonkela 2
Mohammad Mehdi Saki 3
Fatemeh Dehghan 4
Abbas Rezaii Gilani 5
1 Master of Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch, Tehran, Iran (Corresponding Author)
2 Doctoral student of international law, Islamic Azad University, Tehran Science and Research Unit, Tehran, Iran
3 Master's student in Public Law, Shahid Ashrafi University of Isfahani, Isfahan, Iran
4 Bachelor of Laws, Zand Institute of Higher Education, Shiraz, Iran
5 Master of Private Law, Islamic Azad University, Meybod branch, Meybod, Iran
10.22034/lc.2024.426788.1413
Abstract
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.
Keywords
Right to Self-Determination
Human Rights
Gender Change
Transgender

Subjects