Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Aug 2017)

The Necessity of Family-Centered Cares for Child Victim and Its Exceptions ) (With Emphasis on Iranian legal System)

  • hedyeh hedayat,
  • seyed hossein hashemi

DOI
https://doi.org/10.22054/jclr.2017.7819
Journal volume & issue
Vol. 5, no. 19
pp. 127 – 163

Abstract

Read online

The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial and for the case of child abuse within the family, the best interests require some exceptions; i.e. children temporary separation and foreclosure maintenance of parents in severe cases with emphasis on the best interests of the child. This article, through international documents, tends to peruse the need to protect children in their family after victimization by family members. In this line, the importance of family-centered cares with expanding the alternative family and finally, suitable accommodations in institutions are taken into account in the hope of the return of children to the family. Moreover, continuity and in critical conditions of failure to satisfy child’s needs by alternative family and in the lack of hope to return to the family, full separation is the last resort. A comparative study between international documents indicates many legal vacuums in Iranian laws. Present Laws fail to guarantee the principle of non-separation of the child from family suitably. In this situation, the legislative criminal policy must be established in order to protect children against the victimization.

Keywords