فقه و حقوق خانواده (Dec 2014)

Contemplation on the Child Abuse Act with an Emphasis on the Protection of Children and Adolescents in 1381

  • Hamidreza Salehi,
  • Maedeh Esmaelipour

DOI
https://doi.org/10.30497/flj.2014.49263
Journal volume & issue
Vol. 19, no. 61
pp. 117 – 142

Abstract

Read online

Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as punishment- which is considered to be one of the parental rights are the concerns of this study. Of the drawbacks of the laws protecting children and adolescents are lack of proper executive enforcement anticipated for child abuse in Article 2, problems of the penalties provided in Article 4, the discrepancy of decrees in Article 8 with the legislative procedure in other criminal laws and ambiguity in the limit of traditional punishment and discipline. Adjunction of clause: "any physical or mental abuse of a child" to deprive the child of parents in Article 1173 of the Civil Code, the prediction of the guarantee of the enforcement of Article 1178 of the Civil Code and establishment of offices responsible for the judicial protection of children as well as victimized children after the occurrence of a crime are examples proposed in this scientific research.

Keywords