Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Victimological Approach to Persons with Different Sexual-Gender Traits and Types (Queers) from the Legislative and Islamic Perspectives

Document Type : Original Article

Authors
1 PhD Student, Department of Law, Emirates Branch, Azad University, Dubai, United Arab Emirates.
2 Visiting Assistant Professor, Emirates Branch, Azad University, Dubai, United Arab Emirates (Faculty Member Department of Law and Jurisprudence Humanities Research and Development Institute)
3 Assistant Professor, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
4 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran
10.22034/jccj.2023.374980.1143
Abstract
Persons with different sexual-gender traits and types (Queers) are considered people with gender disorder, and in this paper, an attempt is made to investigate the victimological approach to these people from the perspective of law. This article is descriptive and analytical, and this issue is investigated using the library method. From the perspective of initial victimology, these people are exposed to being victim for reasons such as depression, personality disorder, and gender identity disorder. From the perspective of secondary victimology, both in the stage of crime detection and preliminary investigation in cases such as participation in the preservation of the scene and examination of the place, and in the stage of criminal proceedings in cases such as the necessity of the presence of a lawyer, openness and speeding up the proceedings and summoning or arresting offenders or victims, attention is required. However, it cannot be said that this is a special and differential support for people with certain sexual and gender characteristics (Queers). Given the vulnerability of Queers, it is necessary for legislator to act a kind of differential and supportive approach towards them.
Keywords

Volume 2, Issue 4
Autumn 2022
Pages 127-138

  • Receive Date 11 October 2022
  • Revise Date 20 November 2022
  • Accept Date 22 November 2022
  • Publish Date 22 December 2022