A Comparative Study of the Process of Gender Change in Iran and the European Union

One of the most challenging phenomenons of today’s world that we are facing is the presence of the people who does not fit in regular gender classification, that is, male or female. Transgenders are a group of people which their identifications take place in no categorization. At first sight many of people and even doctors call these people sick in the best way and sexually perverse in the worst way. However the number of them is not small, they are considered as a new category in today’s world. The outbreak of these people in the world and Iran (according to the world health organization’s statistics in Iran we have approximately 700 cases on demand for transgender but in coroner’s statistics 350 individuals have changed their sexuality), has attracted juridical systems. Meanwhile claims and rights were discussed in order to be established, the European human rights court that was a pioneer, embarked with recognition and authentication of this category of people for issuance of votes in order to maintain juridical situation. In the meantime, we must say Iran has been a pioneer in recognizing these people since 1360s although some of the fundamental rights for this group has been ignored. In our research, we are willing to recognize the factors violating their rights by using justifying study about criteria and standards of human rights in confronting these people in Iran and the judgment and decisions of European human rights court.