Document Type : Research Article


1 PhD Student in Public International, Department of Public and International Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran;

2 Associate Professor, Department of Medical Law, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran

3 Retired Professor of Law, Faculty of Law, Imam Hossein University, Tehran, Iran.


Despite obvious differences between transsexuals and other social minorities, they are face fundamental human rights violation from birth. Neglect or misbehavior of the parents in the family as the first and most important center of society-, is a headline for the incorrect continuation of this practice in schools, workplaces and social activities of transsexual children. In most societies, transsexuals are considered to be homosexuals or transvestites from birth, but the reality is that transsexuals are neither homosexual nor transvestite; The difference is in the gender identity of these patients. Due to the lack of public understanding of this distinction in the societies and despite the support provided by the Convention on the Rights of the Child, which explicitly includes transsexual children, these patients always suffer from widespread violations of their fundamental human rights within the family, school, and other social institutions. One of the most effective tools of the Committee on the Rights of the Child (as a Supervisory body of the Convention on the Rights of the Child) to protect the rights of transsexual children is the legal authority to General comments of the provisions of the Convention, which plays an important role in guiding member States to reform the cultural, social and economic structures and approaches of societies.