Document Type : Research Paper
Authors
1 Assistant Professor, Law and Political Science Faculty Tehran University, Tehran, Iran
2 Doctoral Student in International Law, Tehran University (Farabi Pardis), Qom, Iran
Abstract
Abstract
Many codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in individual liberties. These scholars by developing freedom restricting principles have advocated a kind of minimalist criminalization in the sphere of public morality. Moreover, the international human rights law system, in an effort to balance cultural diversity and universal values, has endorsed public morality as one of the permissible restrictions on unrestricted civil-political liberties. In fact, following developments in the performance of governments in the field of public morality, the international human rights system, by providing a progressive interpretation of the principles governing criminalization, reject the legal moralism has attempted to defend a kind of rights-oriented criminalization that protects the rights and freedoms of vulnerable people.
Keywords
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