Nasrin Tabatabai Hesari and Hajar Azari; "PROTECTION OF THE RIGHT TO PRIVACY UNDER INTERNATIONAL LAW AND THE IRANIAN LEGAL SYSTEM WITH A FOCUS ON THE VICTIMS OF RAPE”; US-CHINA LAW REVIEW, VOL. 13, NO. 9, United States of America (USA), September 2016.
Abstract: Privacy is one of the important parameters to support personal freedom and rights that should be provided on the basis of both international and domestic law. Lack of privacy in the court process and police investigation is the major complaint of victims of sexual offences and their family and relatives. Open investigation, the request to explain details involving their personal and family life, disclosure of private information and interference with physical, mental or moral integrity are examples of privacy violation in the process of criminal investigation. The failure to treat the victim’s privacy respectfully on the part of authorities can lead to the risk of secondary victimization. The purpose of this paper is to analyze how the right to privacy has been protected under international law and the Iranian legal system, particularly with regard to victims of rape. The paper is divided into three main parts. The first part analyses the definition and aspects of privacy and the consequences of privacy violations. The second part explains how International law supports and recognizes the right of privacy. In the end, some examples of the Iranian legislative approach to protect this right will be analyzed. This paper will conclude that although the Iranian legislative system is familiar with the right to privacy and stipulates some protective strategies in different laws, this right has not been properly implemented in practice. Finally, this paper proposes to extend the conceptual framework of privacy and offers some suggestions to improve protective strategies.