فهرست مطالب mansooreh fasih ramandi

In the discussions about the legal status of the transsexual individuals following gender reassignment, not only the verdicts pertinent to the individual him or herself but also those pertaining to the other individuals who are entitled to certain rights due to familial relationships would undergo changes. Amongst the numerous legal discussions about this subject, the proctorship and custodianship statuses of the children are of great importance due to the sensitivity of their positions with an emphasis on the principle of expediencies and exigencies.

This is a theoretical research using a descriptive-analytical method; the information has been gathered through documentary library studies.

Ethical Considerations: 

The documentations and the investigations of them have been carried out in adherence to the ethical considerations in all the study stages, including data gathering and analyses.

Some rights are influenced by the gender but, of course, with the observance of fairness between men and women; so, the specific rights of each of the spouses should be specified based thereon in the families hence they are variable. Amongst the parents (spouses)’ acquired rights is the proctorship and custodianship of the children and the decision-making in this regard is based in every legal system on the perceptions of that system about the children and the concept of childhood as well as the enjoyment of certain effective scales. In Iran’s legal system, this scale has been considered under the title of "expediencies".

Considering the fact that the primary pivot of the discussions about the children’s proctorship and custodianship is their expediencies, each of the parents can keep on holding their children’s custodianship and proctorship in case that gender reassignment does not cause any physical damages to the children otherwise these rights are aborted. In case that the gender reassignment is found not causing harms to the children, there would remain no reason for the abortion of such a right. Of course, the abortion would be ruled if otherwise is proved.

 Human dignity is considered the basis of citizenship rights, which people enjoy as human beings. Today, in the light of the principle of human dignity, we have witnessed the emergence of intellectual procedures toward people with disabilities that have been formed based on the rules of citizenship rights. This study aimed to investigate three components of citizenship rights for the persons with disabilities, including the right to equal opportunities, the right to a job, and the right to education as the most effective citizenship rights to maintain the dignity of people with disabilities in Iran.

 This research is a narrative review, and its data collection is a documentary library method from reviewing 20 articles in Persian between 2010 and 2020 in various scientific journals. Furthermore, laws such as the Constitution, the comprehensive law on the protection of the persons with disabilities approved in 2013, the protection of the persons with disabilities approved in 2016, and the laws approved in the field of urban development have been reviewed.

Ethical Considerations:

 The ethical considerations have been respected at all stages of research, including the study and data collection, documentation, and analysis.

 According to the human dignity of the persons with disabilities, the process of formation, legislation, and the monitoring method of the disabled citizens’ rights are considered as the support requirements and concerns.

 In terms of rights and substantive guarantees of citizenship legal system, the status quo in the legal system of Iran is unable to provide a basis for equalization of opportunities on the right of city and the right to employment for persons with disability, and the desired situation is yet far to reach easily.

Cultural rights are a newly established field of legal studies; the relevant literature has been developed during the 1970s as a spectrum of globally accepted rights. Disabled individuals have been deprived of cultural rights regarding various opportunities. The right of education among the cultural rights dedicated to disabled individuals is a key right. This is because other rights, including participating in cultural life, enjoying cultural traditions, etc. will be realized if accurately executed. Concerning education rights for disabled children, the main international laws include the following: “disabled individuals rights convention” and "child rights’ convention,” and in Iran, "the rule of education promotion for children with disability” and “comprehensive rule of protecting disabled rights”. This study aimed at assessing the feasibility of education rights for children with mental disabilities in Tehran City, Iran, based on the managers' and mentors’ viewpoints engaged in 6 exceptional training centers.

This methodical, descriptive–analytical, and applied study was conducted in 2020. In this study, the researcher prepared a research–made checklist according to the most important law at the international level, namely the "Convention on the Rights of Persons with Disabilities" and the "Comprehensive Law for the Protection of the Rights of Persons with Disabilities" in Iranian law. The content validity of this scale was obtained using the opinions of experts in the field of disability law and exceptional education. Accordingly, the checklist was provided to them in several stages and its items were modified. Then, based on this checklist, the views of 12 managers and instructors of 6 exceptional primary and secondary education centers in Tehran City, Iran, on the status of students' enjoyment of educational rights were evaluated in a descriptive–analytical manner. Therefore, the required samples were selected by the purposive sampling method. Additionally, the study samples were considered purposively from the managers and instructors section of these centers and one manager and one instructor from each school. The reliability of the research tool remained similar in all places respecting the needs of children with disabilities on educational rights. Therefore, the research tool was reliable. In other words, the researcher believes that with this checklist, the conditions of children with disabilities benefiting from education rights can also be analyzed internationally.

In this study, 7 dimensions and 30 components for the right to the education of children with mental disabilities were extracted. The 7 dimensions were public education; life skills training; the conditions of educational space for technical and vocational education; employing special education teachers; health education; related services, including individual training, transportation and incentive program, and evaluation system. In some components, like all students having public and transportation education, 100% of the study samples believed that it would be operational. In some components, like advising parents on language learning for students with disabilities, 66.7% of the research sample believed that the right to education would not be operational.

According to the research results, among the cultural rights assigned to disabled individuals, the right to education has a fundamental place. If the education of the disabled is properly achieved, it will be a desirable platform for the realization of their other rights.

One of the most important risks for adolescents in useing the internet is to visit pornographic sites that are easily accessible to them. The aim of this study is to investigate the ethical and legal considerations in combating and criminalizing adolescent pornography in cyberspace.

In this analytical study, texts and related published articles purposeful searched to examine the effects and factors influencing virtual pornography in adolescents and to discuss ethical and legal considerations in dealing with this abnormal.

The effects of cyber pornography on adolescents include preference for premarital sexual behavior, promotion of sexual discourse among them, irresponsible behavior and poor family relationships. Ease of access, anonymity of users, lack of media literacy and lack of supervision are some of the factors influencing the formation of virtual pornography. By adopting criminal and non-criminal solutions in the form of situational, social prevention and regulatory measures, this crime can be prevented. On the other hand, it is necessary that the legislatore considers ethical principles such as respect for human dignity, prohibition of harm and caution in dealing with vague matters, in matters related to cyberspace, as well as enacting laws in line with technological progress.

Although it is not possible to completely prevent adolescents from facing pornography in cyberspace, it can be controlled by strengthening components such as education of children and monitoring how they use cyberspace and also establishing rules based on ethical principles.