The country is weak in terms of laws preventing hate speech against minorities.

According to Ashura News, citing a Mehr reporter, the scientific session "Legislative Obligations" (People's Rights from the Perspective of Fundamental Freedoms) was held in the Salam Hall of the Human Rights Chair of Shahid Beheshti University with the participation of law professors.

In this session, professors and speakers considered that preserving and safeguarding the national identity of Iranians, combating hatred directed by the enemies of the Iranian nation, and preventing the misuse of the names of Iranian minorities and ethnic groups to create a rift in the identity of the historically unified nation of Iran requires eliminating legal loopholes and enacting preventive laws.

In this conference, which was held by the Human Rights, Peace, and Democracy Chair of Shahid Beheshti University and with the participation of the "Research Center for Minority Rights" and the presence of dozens of professors and students, Reza Eslami, a member of the faculty of the Faculty of Law of Shahid Beheshti University, explained the rights of the nation and its position in enacting laws and said: The people of every society are the source of recognizing their interests and the source of power and the origin of any legitimacy in that land. No legitimacy comes to them from anywhere else. National identity is what brings together the people of a land and defines the interests of that piece of land and the national interests of its people.

Eslami added: The fate of a nation is determined by the majority of that nation. The consent of that majority is also required in the establishment of laws. If the law is against the social will, it will be abandoned. The most important requirement of legislation is that the law must be rooted in the will and customs of the people.

A professor at the Faculty of Law of Shahid Beheshti University added: If the national identity and Iranian nationality are weakened, foreigners will be able to intervene and try to change the historical names of this nation.

Alireza Mirkamali, a faculty member at the Faculty of Law of Shahid Beheshti University, also emphasized the need to avoid "criminal populism" in legislation by explaining the three principles governing legislation and said: An important issue that should be mentioned is that there is a legal vacuum in our country in crimes that are based on spreading hatred towards a minority. That is, there are people who commit crimes out of hatred for a minority, and this motive should be considered as an aggravating factor in determining the punishment for such criminal acts. Of course, in the current circumstances, if the judge notices the existence of such a motive, perhaps it is possible to rely on the legal article that states that when the judge determines the punishment for a person who has committed a punishable act, he must pay attention to a series of factors, including the perpetrator's condition, his mental state, his motive, and the harmful effects of the crime. That is, the crime of spreading hatred can also be considered for an aggravating punishment on this basis, but due to the importance of the issue and the emphasis on protecting minorities in the constitution, it would be good if, like in some other countries, a legal article on hate crimes was approved and the legislator paid attention to this issue.

Foreigners systematically use the means of spreading hatred against Iran

Ahmad Kazemi, a faculty member of the Faculty of Law of the Islamic Azad University, Central Tehran Branch, and the head of the "Research Center for Minority Rights", also explained the process of developing minority rights within the framework of the international human rights system since World War II and the adaptation of the legal system of minorities in Iran to the international human rights system, emphasizing the need to create deterrence in the country's laws to confront ethnicism and hatred, adding: What is clear today is that numerous measures are being taken by the enemies to weaken Iranian nationality and split the historically unified nation of Iran; along with some internal weaknesses, we are witnessing widespread movements by foreigners to weaken national unity in Iran, and in this regard, they are systematically using the means of spreading ethnic and religious hatred; for example, by directing illegal actions such as waving foreign flags and anti-national norm-breaking actions, they are trying to use a popular football team to spread hatred. Our country has weaknesses in the area of ​​laws related to preventing hate speech related to minorities and ethnic groups. Of course, the legislator has made efforts to combat hate speech in Article 994, stating that anyone who, with the intention of causing violence or tension in society or with the knowledge of its occurrence, insults Iranian ethnic groups or divine religions or Islamic sects as specified in the Constitution, if not subject to the hadd punishment and has led to violence or tension, shall be sentenced to imprisonment or a fine of the fifth degree or one of the two. Of course, the punishment provided for in this law is imprisonment for two to five years and a fine of 8 to 18 million tomans, which is naturally not a deterrent for such cases that involve political incitement and financial support from foreigners. Therefore, it is necessary to fill the legal gaps in order to combat hate speech and abuse of ethnic feelings to strengthen national solidarity; while in this way, the rights and cultural identity of minorities and ethnic groups are protected against destructive elements.

At the beginning of this conference, Dr. Mehdi Nouraei, a member of the faculty of the Research Center and the Chair of Human Rights, Peace and Democracy at Shahid Beheshti University, as the scientific secretary of this conference, emphasized that one of the center's programs is to hold scientific meetings to promote studies related to the rights of the nation from the perspective of fundamental and legitimate freedoms.