Legal and Jurisprudential Point of View About Mechanisms Protecting Rights Against Child Abuse

Abstract

The protection of rights against child abuse has drawn the attention of most researchers. It is a significant issue regarding human rights and child protection at an international level. All kinds of child punishment, chastisement or physical abuse has been outlawed and banned in the international convention as well as the Iranian Domestic Law. On the other hand Islam has a balanced approach towards child abuse .There is a widespread acceptance among the major Islamic Scholars on the support of children’s rights. The present article makes an attempt to answer the question regarding what legal and jurisprudential mechanisms exist for unlawfully punishing children. The result of this study shows that the most important methods for protecting children’s rights are prohibition of harassment, necessity of asking for forgiveness, obligation for paying blood money, providing necessary education, necessity of maintaining the child’s dignity and family arbitration. From legal point of view supervisory and protective institutions such as the establishment of ad hoc tribunals are recognized as protective mechanisms.

Keywords

• children’s rights
• child abuse
• correction
• chastisement / punishment
• jurisprudence
• law
• international documents