This is a caption

[/caption]

This is a caption.
Mohammad Moghimi

Children’s rights have been one of the special topics of human rights. Issues such as violence against children, child abuse, sexual abuse of children, child trafficking, and child labor are among the most important cases that are examined in children’s rights. It can be said that our country, due to the transition from a traditional society to a modern society, faces many challenges in the field of children’s rights, and many cases of violence against children are reported in public places, schools, and sports environments. In this transition, many traditional, patriarchal, or harsh laws regarding children’s rights must be reformed. This cannot be achieved except by using human rights principles and paying attention to international human rights documents that exist in the field of children’s rights, as well as utilizing the experience of international organizations that are active in the field of children’s rights.

The Committee on the Rights of the Child, established in 1991 as a mechanism based on Article 43 of the Convention on the Rights of the Child, began its activities to monitor the implementation of this convention. The mentioned convention emphasizes the protection of children from various dangers, including economic exploitation, child trafficking, sexual abuse, and the use of children in drug trafficking. The Islamic Republic of Iran signed the Convention on the Rights of the Child in 1993 and the Islamic Consultative Assembly also approved it with the condition that any article that contradicts Islamic principles does not have to be followed. Some other Islamic countries also stated this condition. The use of such conditions has been criticized by some legal experts, but it seems that it is used in order to get more countries to join certain international treaties.

The Islamic Republic of Iran presented its first report to the committee on December 9, 1997, which was due in August 1996, two years after the implementation of the aforementioned covenant for Iran. The committee reviewed this report on May 16, 2000. In the introduction, the committee noted that children’s rights have been viewed from a patriarchal perspective and that children have not been considered as active agents of human rights. It was also stated that there is a gap in information regarding general measures of implementation, general principles, particularly equality and the best interests of the child, civil rights and freedoms, and special protective measures. However, the committee also mentioned some positive points.

One of the most important violations of children’s rights is the phenomenon of child abuse. According to Article 2 of the Law on Protection of Children and Adolescents, any kind of harassment and abuse of children and adolescents that causes physical, psychological, or moral harm and endangers their physical or mental health is prohibited. Some effects of child abuse can be hidden, such as preventing a child from attending class, depriving them of food, confining them in a bathroom or basement, or various forms of covert child abuse. Physical punishment and sexual abuse of children are also forms of physical child abuse. In some countries such as Germany, Sweden, France, Spain, and the United States, child abuse carries heavy penalties. In Iran, the Law on Protection of Children and Adolescents regarding child abuse was passed by the Islamic Consultative Assembly in 2002. Although the passage of this law is considered a step forward in the evaluation of children’s rights, Article 7 of this law states that disciplinary

Therefore, it seems that our country should pay attention to the realization of children’s rights in line with human rights by reforming some laws related to children’s rights and transitioning from a traditional perspective. In the process of reforming and approving new laws regarding children’s rights, our country should utilize international human rights documents and the experiences of international institutions.

Explanation:

• Article 158 of the Islamic Penal Code: In addition to the cases mentioned in the previous articles, committing an act that is considered a crime according to the criminal law is not punishable in the following cases: … – Actions of parents, legal guardians, and caretakers of minors and mentally ill individuals that are carried out for the purpose of discipline or protection, provided that these actions are within the customary and legal limits of discipline and protection.

• ۱۰

  Article 10

  1179 Civil Code:

  Parents have the right to discipline their child, but based on this right, they cannot punish their child beyond the limits of discipline.