Since legal systems gradually became instruments for exerting individual power over individuals and enforcing obedience to the commands of authority, the nature and use of laws have changed and turned into systems for reflecting the collective will and safeguarding individual rights. Systems based on the rule of law have emerged, increasingly emphasizing the importance and priority of the individual, as well as the need to protect personal privacy and prevent encroachment in this realm. International legal documents have been one of the most important arenas for reflecting and to some extent facilitating these developments. For example, Article 12 of the Universal Declaration of Human Rights states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” Similarly, paragraphs 1 and 2 of Article 17 of the International Covenant on Civil and Political Rights state: “No one shall be subjected to arbitrary or unlawful interference with his

Alongside these valuable changes and advancements, integrity systems have put the privacy of individuals at risk by using vague and unlimited concepts such as collective interests, public dignity, and public chastity as an excuse to prevent them from being harmed. These systems, which are mostly lacking the support of the maximum will of the people and hinder the realization of public desires in various ways, use these intrusive regulations and give them the appearance of “law”, claiming that these violations are legal and attempting to justify their imposition of their will on the majority of society. In such circumstances, one of the most effective weapons of these unarmed people and one of the most powerful tools of this powerless group is “civil disobedience”, which is manifested as a civilized and noble behavior. However, it should not be overlooked that one of the victims of this situation is the spirit of rule of law and respect for the law. When the government, by introducing concepts and matters that have no legal basis, expands the circle of laws and, at

In this abnormal and unjust situation, the government is trying to expand the spaces and areas that it considers public and wants to control, and with orders that quickly and in a bloated volume become laws in the legislative system, it increasingly and more aggressively intrudes into the privacy of individuals until ultimately, nothing remains of the private sphere that should be respected and protected by the law. Another example of these unjust regulations for invading the privacy of citizens, even by other citizens, is Article 5 of the Law on Protection of Enjoiners of Good and Forbidders of Evil, which states: “In the implementation of enjoining good and forbidding evil, one cannot violate the dignity, life, property, housing, occupation, privacy, and rights of individuals, except in cases prescribed by law.”

Note – Places that are exposed to public view, such as common areas in apartments, hotels, hospitals, and also means of transportation, are not subject to privacy. As it can be seen, this law allows for the violation of individuals’ privacy simply because they are in public view, and based on the provisions of this article and the following note, anyone can disregard the privacy of others and, based solely on what they know or believe, invade their privacy and cause them inconvenience.

What is expressed by the supporters and implementers of this situation in justifying the restriction of privacy in public spaces and in the interest of the public is also legally baseless and unjustified, as it lacks a rational and logical basis; because public space itself does not have any authenticity and is nothing but a space belonging to individual citizens who can benefit from it while preserving their privacy and without causing inconvenience to other citizens. In other words, what determines the scope of personal privacy and its limits is the protection of the privacy of others in public spaces and nothing else.

In order to conclude this writing on a positive note, I could not find a more suitable saying than the seventh story from the second chapter of Saadi’s Gulistan (which pertains to the ethics of ascetics).

I remember that in my childhood days, I was devoted and diligent, and I was passionate about asceticism and abstinence.

One night, I was sitting in the service of my late father, may God have mercy on him, and all night long I did not close my eyes. I had the precious Quran by my side and the groups around us were asleep.

I told my father: None of them gets up to perform the two units [of morning prayer]. They are so lost in sleep that it seems as if they haven’t slept at all; as if they are dead.

He said: “Father dear! If you were to sleep, it would be better than falling into despair.”

Do not see anyone as a claimant except yourself.

That has a veil of thought in front.

May God forgive your beautiful eyes.

You will not find anyone more helpless than yourself.

Footnotes:

1- For further reading, see: Haqi, Ehsan, A Look at the Predicted Punishments in the Veil and Chastity Bill, Khat-e-Solh Monthly, Issue 148, Fourteenth Year, September 1402, p. 28.

2- For further reading, see: Haghi, Ehsan, The Observation System of People’s Lifestyle, Invasion of Privacy, Peace Line Magazine, Issue 152, 14th Year, December 2023, p. 22.