Children and Domestic Violence with Emphasis on the Law on the Protection of Children and Adolescents Approved in 2020 and International Documents

Author(s):
Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
In the internal systems of countries, family and its place are treated with special importance and children rights are a subset of family rights. Moreover, children rights are reflected in the family context. Regarding this issue, analyzing the jurisdiction of governments over family and children rights is very important. Due to their close connection with examples of fundamental human rights, children rights are regarded as peremptory rules. As a result, governments cannot deviate from these examples in their internal legal procedures and regulations. This study based on a descriptive-analytical method as well as documentary library study aims to investigate the role of Law on the Protection of Children and Adolescents approved in 2020 for the prevention of detriments and protection of children affected by domestic violence. It also intends to answer these questions:  Does the Law on the Protection of Children and Adolescents in 2020 have trend and innovation in protecting children against domestic violence? To what extent does this law comply with international documents in the case of the realization of children and adolescents interests and rights? It is stated that by approving the Law on the Protection of Children and Adolescents in 2020 regulations have been established about supportive measurements, providing guarantee of criminal execution in case of parents’ dereliction in conducting their duties regarding children and adolescents, specializing parts of crime investigation committed against children. A comparative study of the two documents suggests that the recent law, in many respects, provides adequate compatibility with the obligations provided by the Convention on children rights.The Convention in Iran has played an effective role in defending the rights and dignity of children; however, there are shortcomings in several areas which the most important ones  are weakness in structural coordination, enforcement guarantees, theoretical foundations and definitions, and non-deterrence of declaratory punishments.
Language:
Persian
Published:
Journal of Gender and Family Studies, Volume:8 Issue: 2, 2022
Pages:
149 to 189
https://magiran.com/p2390993