Document Type : Original Article
Authors
1
Assistant Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2
Basic Studies, Family Research Institute, Shahid Beheshti University, Tehran, Iran.
10.48308/jlr.2024.229839.2391
Abstract
Certificate of virginity; It is a certificate that is issued after examining and determining the condition of the hymen. Hymen is a thin mucous membrane at the entrance of the vagina, which is known to have no biological function in the medical literature. According to the traditional view, one can determine the girl's sexual relationship by examining her hymen; therefore, according to the right to the body and custom, the person herself and her guardian are the competent people to obtain it.The country's judicial, law enforcement, and welfare organizations are also qualified to obtain the said certificate. This is despite the fact that due to the anatomy of the hymen, damage may have occurred as a result of non-sexual traumas, the advancement of repair techniques, congenital absence of the hymen, and the experience of anal sex, and it is not possible to determine personal virginity through a hymen examination, and a virginity certificate cannot prove virginity. As a result, this certificate has no medical validity. However, no specific document has addressed regulation in this field. This Research using the descriptive-analytical method rejects the according to the right to the body to obtain a virginity certificate. And also, referring to the principles of non-limitation of harm(La-Zarar), justice, human dignity, and in order to support the institution of the family, guaranteeing women's rights and the necessity for a legislator's protection of vulnerable groups, It gives a ruling on the impermissibility of obtaining a virginity certificate and declaring its prohibition by the legislator.
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