New approaches in education and health sciences management

New approaches in education and health sciences management

The Impact of Gender Reassignment Based on a Health-Based Approach in Iran’s Statutory Laws

Document Type : Original Article

Authors
1 Department of Private Law, Behshahr Branch, Islamic Azad University, Behshahr, Iran
2 Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
3 Department of Law, Behshahr Branch, Islamic Azad University, Behshahr, Iran
Abstract
Introduction: This study aims to investigate the impact of the health-oriented paradigm on the laws and practices related to gender reassignment in Iran and to explain the legal challenges arising from it.
Methods: The research method is descriptive-analytical and the data were collected through the study of legal, jurisprudential documents and library resources and examined using the content analysis technique.
Results: The findings show that the current framework, by defining gender reassignment as "treatment of a disorder", although it has enabled its legalization, has led to the formation of a hierarchical supervisory mechanism in which medical institutions—especially forensic medicine—and the judiciary, as the main gatekeepers, have marginalized the individual's agency and made his or her identity dependent on clinical assessments and licensing. This model faces major challenges such as ambiguity in diagnostic criteria, a long and costly process, lack of comprehensive health care, and extensive legal gaps in the field of family and marriage.
Conclusion: In conclusion, it is clear that the current purely biomedical approach, by ignoring the dimensions of identity and human rights, is not only unable to provide legal security and psychosocial health of trans people, but has itself become a factor in perpetuating some of the suffering. The transition to a legal model based on self-determination and recognition of human dignity requires a fundamental revision of existing laws and procedures.
Keywords

1.         Younus MM, Zweygarth M, Rägo L, Harrison-Woolrych M. The Work of the Council for International Organizations of Medical Sciences (CIOMS) in Global Pharmacovigilance. Drug Saf. 2020;43(11):1067-1071. doi: 10.1007/s40264-020-01003-5
2.         Pandya SK. The Medical Council of India: need for a total overhaul. Indian J Med Ethics. 2014;11(2):68-71. doi: 10.20529/IJME.2014.020
3.         Benavides FG. Causalidad y responsabilidad en salud laboral [Causality and responsibility in occupational health]. Gac Sanit. 2021 ;35(5):502-505. doi: 10.1016/j.gaceta.2020.03.005
4.         Donner E, Devinsky O, Friedman D. Wearable Digital Health Technology for Epilepsy. N Engl J Med. 2024 Feb 22;390(8):736-745. doi: 10.1056/NEJMra2301913
5.         Spatz ES, Ginsburg GS, Rumsfeld JS, Turakhia MP. Wearable Digital Health Technologies for Monitoring in Cardiovascular Medicine. N Engl J Med. 2022 ;390(4):346-356. doi: 10.1056/NEJMra2301903
6.         Sommer A. The international council of ophthalmology: evolution of an organization-and its mission. Am J Ophthalmol. 2009;147(6):952-3. doi: 10.1016/j.ajo.2009.02.020
7.         Katz ME, Mszar R, Grimshaw AA, Gunderson CG, Onuma OK, Lu Y, et al. Digital Health Interventions for Hypertension Management in US Populations Experiencing Health Disparities: A Systematic Review and Meta-Analysis. JAMA Netw Open. 2024 ;7(2):e2356070. doi: 10.1001/jamanetworkopen.2023.56070
8.         Smits P, Champagne F. Governance of health research funding institutions: an integrated conceptual framework and actionable functions of governance. Health Res Policy Syst. 2020 ;18(1):22. doi: 10.1186/s12961-020-0525-z  
Volume 1, Issue 3
Oct 2024
Autumn 2024
Pages 67-78

  • Receive Date 26 June 2024
  • Revise Date 20 August 2024
  • Accept Date 06 October 2024