فقه و حقوق خانواده (Apr 2023)
A Research on the Phenomenon of Child Grooming (Pornography and Children's Cyber Negligence) in the light of Iranian Jurisprudence and Law
Abstract
One of the issues in the field of online child abuse issues is child grooming in order to provide the trust for the child and the adults around him/ her, trying to be alone with the child and abuse him/ her. In this regard perpetrators may use threats and physical force to rape or abuse a child. by using the online spaces of around the child, the criminal starts to establish the relationship with the child and gain the trust of child and adults and by abusing this trust causes physical and mental harm to the child. Regarding the importance of protecting children's right the main issue of this research is the analysis of the jurisprudential and legal aspects of this issue in order to provide solutions to support the legislator, the responsibility of parents, and the responsibility of educators of children. Our reasons are classified into three categories. First, the principle of preserving the dignity of the child, the second, jurisprudential rules related to the field of education such as the rule of guidance and education, ignorant guidance, the obligation to maintain order, repel harm from others, and enjoining the good and forbidding the evil, and third, the responsibility of educating parents especially his/ her physical, sexual and emotional education to prove the necessity of protecting children in this article with a descriptive-analytical method has been stated that according to the laws of civil liability, protection of children and adolescents approved in 2018 and the document on protection of children and adolescents in cyberspace approved in 2019 Its legal dimensions have also been discussed. The findings of the research indicate that the parental control and supervision, proper education, emotional companionship with the child, as well as the existence of rules for content age classification, appropriate judicial feedback to offenders, and community awareness can provide support for the child grooming.
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