Feasibility of Institutionalizing Human Rights in the Criminal Policy of the Islamic Republic of Iran: A Study in Light of John Rawls’s Law of Peoples

Articles in Press

Document Type : Research Paper

Authors

1 Postdoctoral Researcher, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran

2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.

Abstract

Human rights are no longer mere symbolic declarations; they are now a central criterion for the legitimacy of political systems nationally and internationally. Yet, Iran’s criminal legislation reveals extensive substantive and procedural violations, making effective remedies essential. John Rawls’s The Law of Peoples offers a key theoretical framework, directly addressing the place of human rights in domestic and international orders. Rawls argues that institutionalizing human rights is feasible only in two types of well-ordered societies: liberal peoples and decent hierarchical peoples. Iran’s constitutional structure, however, is neither. Fundamental and immutable provisions—particularly Articles 4, 12, 72, 96, and 177—entrench a structure incompatible with a decent hierarchical people, and even constitutional revision cannot remove these barriers. Thus, the only viable theoretical path is a bold, rights-oriented reinterpretation of Shari‘a that incorporates the features of a decent hierarchical people. Without genuine political will at the highest levels, however, this path remains arduous, leaving the system vulnerable to international pressure and declining public trust.

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Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 28 May 2026

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