Evaluation of criminal intervention of state in Iran regarding childbearing: principles of the right to privacy and health in focus

Babazadeh, Zahra; Jalali, Mohammad; ّFarajiha, Mohammad

doi:10.48308/jfr.2025.238852.1929

Evaluation of criminal intervention of state in Iran regarding childbearing: principles of the right to privacy and health in focus

Articles in Press

Document Type : علمی - پژوهشی

Authors

¹ Women Studies Group, Tarbiat Modares University, Tehran, Iran

² Public Law Group, Shahid Beheshti University, Tehran, Iran

³ Criminal Law and Criminology Group, Tarbiat Modares University, Tehran. Iran

10.48308/jfr.2025.238852.1929

Abstract

Declining fertility rates is a global issue, and people in both developed and developing societies are postponing marriage and childbearing until later in life. To address this crisis, some countries have enacted population policies that may conflict with human rights principles. Since the beginning of 2012, the issue of population decline has become a concern for the government of the Islamic Republic of Iran, and finally, in 2021, the Family Protection and Youthful Population Law was enacted for a seven-year trial period. This study examines the Iranian government’s criminal approach to resolving the population crisis and reaching the desired goal of encouraging families to have three or more children. The study uses a qualitative approach including think description and in-depth analysis to investigate the government’s criminal interventions to achieve the goal of increasing childbearing vis-a-vis the Law on Family and Youth Protection. Findings indicate that the coercive policies envisaged in this law, not only disregard the principles of criminalization and reproductive rights but also have led to violations of the right to privacy and the right to health of individuals.

Keywords