"Gender" is one of the influential factors in the issue of delinquency. Women commit crimes for different reasons than men. The right to health, as one of the human rights, has different dimensions, including mental health and the absence of mental and emotional problems. Criminal women, as one of the most vulnerable human groups, have this right, and the criminal justice system, which aims to rehabilitate this group, must pay attention to it. The present article is written with a descriptive-analytical method in order to answer the question whether the appropriate methods for the rehabilitation of female criminals have been considered in Iran's jurisprudential and legal system. It examines the relationship between gender in rehabilitation in Iran and explains the situation of female criminals and the necessity of rehabilitation for this group. In the criminal policy of the legal system of Iran and Islam, according to the sex of the criminal, there are differences in the amount of ransom, in some types of limits and the way of implementing the maximum punishments. In the criminal law of Iran, there is no special provision regarding the rehabilitation of female criminals. Therefore, according to the principles of rehabilitation, it is necessary to formulate and implement laws and programs that are appropriate to the characteristics and needs of women. Laws related to rehabilitation are few and general and are formulated according to the needs of male criminals and rehabilitation programs target the population of criminals in general. According to the current situation, it is necessary to take into account the health and needs of female criminals in the formulation of criminal and non-criminal laws and to devise and implement rehabilitation programs and to witness gender accountability to reduce the population of female criminals and reform them and return them to society. In Islamic law, the problem of rehabilitating and providing the society with the danger of delinquency and reforming and educating criminals is not far away. The purpose of providing and training measures which is to reform and educate and rehabilitate the criminal and to follow up on the repetition of the crime has always been emphasized and desired by Sharia law. It is important to identify the mental and psychological problems of female criminals and then take measures to reduce their effects through rehabilitation. In addition, paying attention to the right to mental health based on the human rights strategy is considered necessary in the framework of the criminal policy of women criminals.