نوع مقاله : علمی - پژوهشی
1 استادیار، گروه حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه ملایر، ملایر، ایران.
2 استادیار، گروه حقوق، دانشکده علوم انسانی، دانشگاه بجنورد، بجنورد، ایران.
عنوان مقاله [English]
The recent intervention with individual liberties under The Youthful Population and Protection of the Family Law can be assessed from the perspective of the supra-legislative principles governing criminal power with two legitimacy and justification. Leading research has been done by descriptive-analytical method in order to evaluate coercive interventions in the field of population, with the aim of examining its compliance with the moral limits of the criminal law. Examining the issue from the perspective of the most important principles of criminalization, namely the threefold "prohibition of harm to others", "protection of individual good" and "guarantee of morality with the means of punishment", it is concluded that the nature of these interventions differs from what has been done before. It is important in the sense that we are facing more challenging legislation that highlights the need to justify these interventions: in the new course of interventions, infertility is the subject of the intervention: "Prohibition of sterilization", "Prohibition of closing the fallopian tubes", " "Making access to contraceptives difficult" and "restricting screening" as new population growth measures need to be justified. In the first filter, the principle of harm, the interventions made completely deviate from this principle. Recourse to criminal ethics will not be able to justify these interventions in an inherently neutral ethical issue, and finally, in passing through the filter of criminal patriarchy, the interventions are faced with an obvious internal conflict in which the individual good as a justifier intervenes.