
The potential of youth population laws in violation of children’s rights / Nina Mokhtarian
Legislation is one of the tools for creating order in society, enforcing the will of the majority, guaranteeing individual rights and freedoms, and providing a safe and peaceful environment for the personal and social life of members of a community. Unlike self-serving and totalitarian political systems, where legislation and rule-making are aimed at exercising authority and imposing the will of rulers, in democratic systems, the establishment of rules and regulations is mandatory in order to enforce the will of the majority and the desires of the general public.
A brief look at the Family and Youth Support Law approved in 1400 reveals the bitter truth that the legislator, by enacting such a law, is merely pursuing the implementation of a specific perspective and policy regarding population and family. A closer look at this law reveals that the legislator has acted very strictly and inflexibly in order to achieve its goals.
Issues such as marriage and childbearing are among personal matters based on the preferences and mutual consent of individuals; although the implementation of policies and pursuit of government objectives in these matters may be acceptable only through guidance and propaganda, excessive interference of the government, especially through legislation, not only violates individual rights and freedoms, but also leads to undesirable consequences.
It is obvious that families formed under such a law and children who are born as a result of such a law will not have a true and free will, and this will lead to a corrupt cycle for individuals and children who come from this law. Children who enter the world with a distorted motivation and will due to irrational and inappropriate encouragement and severe punishments of this law will not have enough, and even necessary, emotional and loving support; in addition, parents who decide to have children out of greed for achieving benefits and fear of punishments of this law may not have the competence, readiness, and ability to manage and raise their children.
The society in which the law is enforced and implemented plays a crucial and determining role in the success or failure of the law; therefore, it can be said that in Iranian society, which is facing deep economic, cultural, and social problems, and these issues have had destructive effects on hope for the future and collective motivation, there is not a suitable environment for childbearing and increasing the population. The quantity-oriented approach of the lawmakers towards the issue of population in the recent law may create a society that not only will not open its warm and secure arms to them, but will also reject them; because it will not be ready to accept this quantity-oriented generation.
One of the other serious risks resulting from the implementation of this law is the increase in children with disabilities and serious illnesses. The excessive strictness and inflexible and ineffective approach of the lawmakers towards the issue of screening confirms the belief that for the lawmakers, increasing the population, at any cost, is more important than the subject itself. They are even willing to impose the suffering of illness and disability on families and future society in order to achieve this goal. Apart from that, in a society where there are no suitable infrastructure, facilities, and even culture for accepting disabled, vulnerable, and sick individuals, insisting on increasing the population will undoubtedly add to the number of people who do not have access to their basic and human rights.
Another serious challenge that the implementation of this law will bring is the result of predetermined incentives for childbearing. The majority of incentives considered in this law may only motivate and encourage childbearing for the upper class and less privileged members of society, resulting in a high number of births in vulnerable and disadvantaged families. This in turn will create a difficult and challenging childhood for the generation born under this law, and will further exacerbate inequality among children in society.
One of the methods that the legislator has resorted to in this law to achieve its goal (increasing population) and has made efforts to promote and impose it, is the reduction of marriage and childbearing age. The first result of this approach and policy is an increase in child-marriages and the violation of the rights of children, who will be forced into mostly coerced marriages through the incentives and punishments of this law. The notable point is that children, due to their lack of maturity and impaired judgment, will be vulnerable to the seemingly attractive incentives of this law, and these child-spouses will face widespread problems such as early and unwanted pregnancies, maternal and infant mortality, and child abuse. Children who are the result of these early and forced marriages will also enter into abnormal families and will face even deeper challenges and dangers compared to their parents.
In general, it can be said that in the law of supporting families and youth, children are only seen by the legislator as a means to achieve goals and implement government policies, and this instrumental and quantitative view of children will only result in a generation that is not provided with minimum material and emotional support.
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