The Semi-Freedom Institution and New Policies of Freedom in the Contemporary State: A Comparative Study of Iran and France within the Framework of Human Rights and Justice Governance

Abstract

The semi-freedom institution represents one of the most significant manifestations of the contemporary transformation of criminal policy from a model based on complete deprivation of liberty toward gradual, conditional, and supervised forms of freedom. This study aims to explain the position of semi-freedom within new policies of liberty and to comparatively examine the experiences of Iran and France within the frameworks of human rights and justice governance. The central issue is how semi-freedom can create a balance between the requirements of punishment and social order, on the one hand, and the protection of human dignity, fundamental rights, and the social reintegration of offenders, on the other. The study adopts a descriptive-analytical method and a comparative approach, examining the conceptual and human-rights foundations of semi-freedom, its legal and institutional structures in the two countries, and the implementation capacities associated with social reintegration. The findings indicate that both legal systems have moved toward gradual liberty and the reduction of the adverse consequences of imprisonment, although the degree of institutionalization differs considerably. In Iran, semi-freedom possesses substantial legislative and rehabilitative potential, yet its effectiveness is constrained by limited institutional coordination, insufficient support networks, inconsistencies in implementation, and the continuing influence of imprisonment-oriented approaches. In contrast, the French model demonstrates a more consolidated relationship between fundamental freedoms, legal oversight, social policy, and reintegration mechanisms. The study concludes that the effectiveness of semi-freedom depends less on its mere statutory recognition than on the quality of governance, transparency of decision-making, proportionality of supervision, social support, and coordination among judicial, administrative, and civil institutions. Accordingly, strengthening semi-freedom in Iran requires transforming it from a legal possibility into a coherent and sustainable policy within the broader process of sentence execution and the offender’s gradual return to society.