Document Type : Original Article
Authors
1
Ph.D. student of criminal law and criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2
Associate Professor, Educational Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
10.22034/jhsrj.2025.2061333.1023
Abstract
Background and Aim: In the human rights space, good coexistence is considered one of the basic principles. In line with this principle, insulting sacred places, religions, and ethnicities is one of the issues that confronts this principle with fundamental challenges. The purpose of the present study is to explain the principles and challenges of punishing insulting sacred places, Islamic religions, and ethnicities.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: In line with the dignity-based criminal policy, the legislator has taken steps to punish insults to sacred places, divine religions, Islamic sects, and ethnicities. The main basis for punishing these behaviors is the principle of respect for the inherent dignity of man. On the other hand, punishing these behaviors within the framework of the human rights system faces challenges such as interference with the right to freedom of expression.
Conclusion: The Iranian legislator's approach to insulting religions, sacred places, and ethnicities before 2010 was very vague and vague, despite the existence of coherent jurisprudential and human rights foundations; however, in 2010, and in the form of the approval of Article 499 of the Islamic Penal Code, the legislator's criminal policy became explicit, transparent, and in line with current needs.
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