Penalties and sex reassignment surgery (SRS) after a punishment crime
نویسندگان
چکیده مقاله:
One of important subject and discussion issue in medical sciences that caused occurrence of new legal and jurisprudence issues in the society, is sex reassignment surgery (SRS). Although in the past, these discussions have been existed more or less, nowadays due to technological progress and medical science achievements, new aspects of this subject have emerged. Despite different views concerning sex reassignment surgery (SRS) permission, famous jurisprudents have in principle accepted the act of sex reassignment surgery (SRS) as such, if it is required and necessary and based on medical prognosis. In this article, the criminal effects of gender reassignment, especially in punishments, are considered by the author. In case sex reassignment surgery (SRS) will be affected with due regards to all update medical standards and diagnosis of a medical expert, is conform to legal rules and principles of laws and is not in conflict with public order and good ethics. Thus, in present Iranian legal system conditions and with regard to religious famous juridical documentation,sex reassignment surgery (SRS)’s applying all orders and its penal effects In punishing the perpetrator, both men and women will be punished for their current gender.While considering the necessities of medical treatment of transgender people in accordance with recognized opinion and the necessity of treatment of these individuals and determination of their true gender, the legal and penal laws and regulations which should be applied to their Former gender shall be considered.
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عنوان ژورنال
دوره 27 شماره 3
صفحات 141- 154
تاریخ انتشار 2021-12
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