Comparative Analysis of Criminal Sanctions for Violations of Privacy in Iran and Iraq
Keywords:
Privacy, Criminal Sanction, Iranian Law, Iraqi LawAbstract
In today's world, privacy has gained unparalleled significance as one of the most fundamental human rights. Accordingly, this study aims to conduct a comparative analysis of the criminal sanctions for privacy violations in Iran and Iraq by examining the foundations, instances, and challenges associated with this fundamental right in both legal systems. Using an analytical-comparative method, the study reviews legal, statutory, and jurisprudential sources in both Iran and Iraq to identify similarities and differences in laws, the severity of penalties, and judicial procedures concerning crimes involving privacy violations. The findings indicate that both legal systems recognize privacy as a fundamental right and have made efforts to criminalize its violation. However, serious challenges and limitations persist in the enforcement of these laws. In Iran, there is a greater emphasis on criminalizing privacy violations in cyberspace and protecting workplace privacy, whereas Iraqi law has yet to make sufficient progress in this regard. In both countries, existing laws are sometimes ambiguous and incomplete, and the prescribed criminal sanctions lack the necessary deterrent effect. Additionally, shared challenges such as resource shortages, lack of public awareness, and administrative corruption exist in both legal systems. Based on the findings of this study, it is recommended that comprehensive laws be enacted in line with international human rights standards to enhance criminal protection of privacy, independent and efficient oversight institutions be strengthened, necessary training be provided to judges and law enforcement officials, and public awareness regarding privacy rights be increased. Ultimately, this research underscores that privacy is a fundamental right requiring serious attention and comprehensive efforts for its preservation and protection.
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