The Role of Criminalization in Safeguarding Fundamental Human Rights and Freedoms in the Iranian Legal System and International Instruments

Abstract

Criminalization, as one of the fundamental instruments of states within the framework of the criminal justice system, plays a dual role: on the one hand, it serves as a means of ensuring and protecting individuals’ fundamental rights and freedoms; on the other hand, in the absence of clear legal and ethical standards, it may itself become a tool for violating those very rights. In both Iranian domestic law and international legal systems, the general principle is that criminalization should only occur in cases where the behavior in question constitutes a real and serious threat to public order, social security, human dignity, or the essential interests of society. This study, adopting an analytical–comparative approach, examines the theoretical foundations of criminalization and investigates how a balance can be achieved between the preservation of public order and the protection of individual freedoms within Iranian legislation and international human rights instruments. The findings indicate that although the theological and philosophical foundations of the Iranian legal system emphasize the protection of human dignity and worth, in practice, the process of criminalization has, in some instances, become a means of restricting civil liberties. In contrast, international legal systems, by emphasizing the principle of proportionality, accept criminalization only within the boundaries of legitimate necessity.