Journal of Criminal Law Research

Prevention of Violations of the Right to Social Health in the Light of Participatory Criminal Policy; Obstacles and Strategies

Document Type : Research Paper

Authors

Mohammad Sartipi 1
Siamak Jafarzadeh 2
Seyedmahdi Qureshi 3

1 PhD Student, Department of Criminal Law and Criminology, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.

2 Associate Professor, Department of Fiqh and Islamic Law, Faculty of Literature and humanities, Urmia University, Urmia, Iran.

3 Associate Professor, Department of Fiqh and Islamic Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.

https://doi.org/10.22054/jclr.2026.87246.2791
Abstract
Introduction and Background
In any society, the establishment of public order and security is considered one of the fundamental pillars. The main goal of this effort is to prevent chaos and create a peaceful and secure environment for citizens to live. The most important component that is directly related to maintaining public order and security and provides the basis for sustainable development is the “right to social health” of citizens. The right to social health goes beyond mere access to health and medical services, meaning ensuring conditions in which all members of society can achieve the highest level of physical and mental health; conditions that include enjoying a safe environment, quality education, social participation, and distributive justice. This right is not only a human necessity, but also the foundation of public welfare and the social state, and its absence can lead to the weakening of social cohesion, an increase in crime, and even the violation of other human rights, including social and national security and civil unrest. International reports show that societies with low social health indicators are up to forty percent more exposed to crime and civil unrest, which doubles the importance of preventive policies. In such circumstances, participatory criminal policy, as a new approach that emphasizes the cooperation of citizens and civil institutions, can be an effective solution to prevent violations of the right to social health. Given the challenges in realizing this right, traditional criminal approaches that are mainly state-oriented and reactive, do not have the necessary efficiency. In contrast, “participatory criminal policy,” as a new approach in the criminal justice system, emphasizes constructive interaction between the formal judicial institution and civil society. Criminal policy refers to a set of governmental and non-governmental strategies and measures designed to prevent crime and control crime. The right to health is one of the fundamental human rights that has been recognized not only in the legal systems of countries but also in international law. This human right has broad dimensions and goes beyond access to health services, including enjoying a safe environment, quality education, social participation and distributive justice, and follows the conditions that are necessary to achieve desirable health. One of the most important dimensions of this right is the right to social health, which means that all members of society have access to the highest level of health. Since this right is directly related to social cohesion and social order and security, therefore, its preservation is of great importance to governments. However, its realization has also faced obstacles.
Research Objective
The aim of the present study is to examine the obstacles and strategies of participatory criminal policy against the violation of the right to social health of citizens in Iran.
Research Method
The research method is descriptive-analytical and uses library resources and the method of conducting qualitative research. By examining criminal policy and participatory criminal policy, it explains the position of the right to social health in Iranian law.
Research findings
The research findings indicate that participatory criminal policy has been able to establish social welfare among citizens to some extent by promoting the right to social health using the capacities of society. However, the lack of support from organizations, social resistance, lack of public awareness, and weakening of social solidarity, as well as the lack of transparency and trust-building, are considered obstacles to the realization of this right in Iran. In this regard, legalizing disclosure, social resilience through strengthening local networks and non-governmental organizations to increase citizen participation, clarify public affairs, and build trust between the government and citizens through accountability and transparency, etc., have been proposed as the main strategies. The realization of the right to social health is not only a legal requirement but also a moral and social necessity that must be considered in government policies and programs in order to establish social justice and promote public welfare. Participatory criminal policy, as a new approach, attempts to prevent violations of the right to social health by attracting the cooperation of citizens and non-governmental organizations. This approach, by utilizing the capacities of the community, can help promote social welfare, but requires transparency, trust-building, and increased public awareness.

Keywords

Criminal Policy
Preventive Strategy
Right to Health
Social Health
Subjects
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