مجله حقوق کودک
پیاپی 6 (تابستان 1399)

Development of urbanization in the world has made the states confront various challenges in realm of certain rights of citizens, especially children, as far as they need more attention than other citizens concerning their special developmental conditions. However, not only the cities are not designed based on the needs of children, they do not offer the least rights to them. Convention on the Rights of the Child is certainly the main legal document for children. Children benefit from different rights that are reflected in the convention on the rights of children; however, this study intends to answer this question that, “What are the rights of children in the urban right area?” The necessity of identifying the children rights in the urban rights is important on that as one of the main pillars of the society, children are mostly subject to most social, economic, health and educational threats and losses. Moreover, as far as identification of the rights of children in cities is emergent at international arena, particularly in Iran, and concerning the efforts of international organizations such as UNISEF on promotion of these rights, the city managers and policymakers are expected to carry out the required action in this area. Based on this, the present study seeks to explain the main rights of children in cities such as non-discrimination, the right of children with disabilities, public hearing, benefiting social security, the right to health, education and playing and pleasure through investigating various economic, social and cultural areas that are effective on the children rights in urban area by collecting data through library method and descriptive-analytical data analysis. It is concluded that although appropriate theoretical actions have been taken by urban institution in Iran, it is obvious that there is a great gap in practice to make children achieve desired status.

Promoting the well-being of children around the world and defending their rights is the objective of the International Convention on the Rights of the Child, and the countries committed to it, have made extensive efforts to achieve this goal. However, making sure that this is done requires an evaluation of performance - how well governments adhere to their commitments and how successful they are in enforcing its provisions. In this paper, the status of child rights is based on 20 quantitative and qualitative indicators in five domains. The purpose of this article is to provide an analytical overview of the 2019 evaluation report and to identify implications for improving children's rights performance in Iran. Based on the analysis of the findings and the interpretation of the results of this report, it can be deduced that most countries have followed a similar pattern over the years, but the overall findings indicate a profound gap between the scope of action and international child rights policies in the world. Iran is ranked 100th out of 181 countries, which is not favorable. While in Iran quantitative indicators are above average, but in qualitative indicators related to "enabling environment for children's rights“ the results are very poor. This finding underscores the need to pay attention to proper legislation and enforcement in the country, to determine the best budget available for children's rights, to develop government and civil society cooperation, to focus on child participation and non-discrimination between specific groups.

Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects.

Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance caused serious problems for them in normal process of family and social life. The rising trend and tangible growth in the number of children affected in recent years, has sounded the need for targeted actions in the area of autism community health management. One of the most important areas that need to be addressed is the special support for children with autism based on the general principles of child rights and in accordance with the special situation of these children. At the moment, due to lack of health insurance coverage, inadequate diagnosis and rehabilitation facilities, ignoring the right to education and enjoy the conditions appropriate to the situation, necessity of establishing parent guidance and counseling system and support the living standards of children affected in their families and community, all has led serious challenges for those with autism and their families. Accordingly, the theoretical analysis of the principles of child rights with the importance of children with autism seems to be necessary to provide the infrastructure and requirements for securing the fundamental rights of these children especially in two areas of health and education in the domestic system.

Adoption is an essential entity in current societies which in addition to providing the benefits for children without a guardian and couples without children, will have positive social implications and so it’s necessary to adapt its rules to social requirements. In this study, the nature, conditions and effects of adoption in Iranian law were reviewed with a comparative looking at Islamic law as well as English law. Data analysis indicates that in Iranian law, following Islamic law, there is incomplete form of adoption and despite recent legislative progress and development, the effects of adoption are not sufficiently and effectively provided in the law, while the principles and Islamic teachings show capacities to strengthen the entity of adoption by considering social conditions and requirements. In English law, on the other hand, a complete adoption system is applied, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents. However, in recent rules, a kind of incomplete adoption under the name of special guardianship has been identified in the law of this country, which has provided a dual system for taking advantage of different approaches to adoption.

Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one way of protecting children with unqualified parent(s) is to keep them in a safe environment outside the family by qualified persons or public or private entities and institutions. In this way, the ultimate goal is to restore parental ability, rebuild family relationships and provide the opportunity for the child to return to the family. This study uses library resources, laws, regulations and interviews with experts and professionals of Behzisti (State welfare organization) and judiciary to try to identify different ways of providing administrative and judicial support to orphaned or abandoned children In order to provide effective guardianship and care for them. According to current laws and regulations, in case of guardianless or neglected child, caring for him/her would be in a family setting and otherwise in a residential child care community. In addition to restoring family competence, the independence of the supported child also terminates the intervention of public institutions to support children and adolescents without effective guardian. Undoubtedly, the successful return of the child to the original family requires a gradual and supervised process as well as eliminating the existing family problems.