جستجوی مقالات مرتبط با کلیدواژه "disabled children" در نشریات گروه "فقه و حقوق"

Disabled child victims are in dire need of criminal protection. The vulnerability of these people is the most important necessity in this regard. Based on this, the purpose of this article is to examine the penal policy of Iran and England in supporting disabled children. This article is descriptive and analytical and it has investigated the mentioned subject by using the library method. The findings indicate that there is no differential criminal policy in the protection of laws. Protection laws are general and mainly in the protection of children in general. Iran's legislator has paid attention to the disabled in several cases and supported them. With a cursory look at Iran's laws, it seems that this is not based on a pre-planned policy. In several cases, Iran's legislator has dealt with the crime of abandoning a child, employing children for begging, sexual crimes and crimes against the physical integrity of children, which also includes disabled children, while if the legislator considered this vulnerable spectrum of victims worthy of the protection of special punishment, he would have provided a comprehensive and regulated protection to them in the light of the law. Various criminal and non-criminal laws were applied. In the field of disabled people, it seems that the laws and regulations. In such a way that basically of criminalizations does not refer to crimes of a special nature that are often committed against disabled people and they mainly lack systematization and coherence.

The right to education as one of the inalienable rights of children is the responsibility of parents and guardians in Imami jurisprudence, Iran's legal system and international legal documents and the scope of this right and the extent of its application are not absolute like many human rights and can be restricted. The right to education in the field of children with disabilities, in terms of the scope of the said right and the overlap of this responsibility of parents towards their healthy and disabled children, creates ambiguities in the mind, and finding the answer in the sources of Imamiyyah jurisprudence requires a more detailed investigation. The current study aims to examine the "right to education of children with disabilities" from the perspective of Imami jurisprudence and then its position in Iran's internal laws and international documents and jurisprudential foundations and principles in order to resolve the conflict between the rights of children with disabilities and healthy children. Finally, there is no doubt about the duty of parents to respect the said right in the case of disabled children, but the scope of the right to education should be defined in terms of the type of mental and physical disability of the disabled person and its extent should be defined based on the interests of the disabled child. In the juxtaposition of this right with the rights of healthy children, the scope of parents' duties based on jurisprudential principles such as preservation of property, age, gender and degree of disability of children, etc., can be determined according to different areas of education. In this regard, the adoption of protective laws for maintaining the education and upbringing of such children by special centers such as welfare can prevent the creation of conflicts.

Disabled children often need intensive health care in health system.These children suffered from long-term physical, mental and psychological disabilities that accompany with other barriers, affect their effective and equal participation in society. In addition to routine medical care that everyone need, children with disabilities need ongoing assessments and considerations by health professionals, which should continue into adulthood when the impact of the disability on their lives will change. Access to health care elements with good quality and standards is essential for the comfort and development of children with disabilities, their survival in childhood and the transition to adulthood. In this study, by examining international documents in international law, the importance of the right to health for children with disabilities and the need for the attention of government and international legislators were identified and due to the special circumstances of this group, the challenges to achieve this issue was examined.

Death is not the worst accident but sometimes Birthday turns into a bad accident. In the problem of unwanted or disabled child as a result of medical fault، there have been doubts about the responsibility and opportunity to claim damages for years. But now the responsibility accepted by courts in different countries; parents according to contractual liability and disabled children according to the responsibility able to claim damages from the doctor guilty. In Iran by Therapeutic Abortion Act was passed in 1384 the mother has the right to therapeutic abortion by ensuring conditions and Sterilization is also normal. If the doctor harm these rights، according to the law of civil liability can claim for damages.