مجله حقوق کودک
پیاپی 7 (پاییز 1399)

Pedophilia is one of the paraphilic mental disorders and is one of the groups of child abuse in heterosexual, homosexual and bisexual pedophiles. This disease is caused by a person's emotions and imagination. One of the best ways to identify pedophiles is to examine the person's instinctive reactions to audio and video stimuli related to children. The results of this research, based on descriptive-analytical method and using library tools, include that there is no definite and acceptable treatment for this disease, and that the measures proposed by experts include drug treatment and creating impotence. These measures are very effective in preventing crime because a pedophile, like other criminals, initially investigates the cost of the crime, and if he closes the government sponsors the act and can hide behind the mask of a patient, commits the crime. However, high penalties can be a serious deterrent to crime prevention. In Iran, according to recent cases and in accordance with Islamic jurisprudence, the perpetrators of these crimes, along with having elements constituting a crime, have considered class punishments in such a way that the legislator in articles of the law criminalizes acts against children and It has considered the punishment of imprisonment and flogging, and in other articles, it has considered a heavier punishment in case of sexual offenses such as intercrural sex and tribadism, and a much higher punishment in case of adultery and sodomy.

This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the Child in Islam and the Convention on the Rights of the Child; Then they were analyzed with a qualitative approach and documentary analysis method. The results show that exposure to delinquent children is approximately the same in all four domains. Although the three areas related to Iran and the Islamic world have been centered on Law of Religion, especially Shi'ism, their roots lie in Islamic religion, and against them the Convention on the Rights of the Child as an international matter has been drafted based on the Declaration of Human Rights and the belief in Humanism, but they work very closely on how to deal with child guilty and there are no significant differences between their procedures. Therefore, all four domains regard the child as having no precise decision-making power and consider his/her delinquency a common "mistake" in his/her development. The child should be forgiven as much as possible and his/her error should be ignored; this should also have a corrective and re-interactional aspect to be done within the child's family by the child's parents or legal guardians. Unless child guilty is limited, such as harm to others, which has resulted in violations of the rights of others, all three areas emphasize efforts to minimize penalties and impose penalties for reform and resocialization. the only point of difference is in the definition of the child and the age range that makes the subject different in applying the rules related to child delinquency.

Malapropos Cesarean is determining the date of birth for non-medical reasons. The most important example of this practice in Iranian society, which has appeared and increased, especially in the last decade, is to try to adapt the birth of a baby to unique calendar dates. Regardless of the behavioral pathology and moral critique of this practice, a consequentialist view makes the importance of the legal system's attention and decisive response to malapropos cesarean even more necessary. In the present study, with a descriptive-analytical method, in addition to reviewing the criminal law and the principles of criminology, the dimensions of criminal responsibility for untimely cesarean section were considered. The findings showed that malapropos cesarean due to threats to maternal and fetal health, imposing abnormal risks and depriving the infant of the benefits of fetal completion, as well as the consequences of increasing medical error and so promoting false traditions in the health community, in terms of criminological principles, is practically against morality and public order and should be considered as a crime. In addition, the current criminal laws, such as paragraph c of Article 158 and Article 495 of the Islamic Penal Code, are considered as the legal basis for the realization of criminal responsibility resulting from this act. Due to the condition of the fetus, as well as the victim's lack of power to sue, and the parents' and physicians' unanimity regarding non-medical involvement in the delivery date, this abnormal act looks like a crime without a victim, which as a result, its legal pursuit faces difficulties and obstacles. Accordingly, it is necessary to emphasize the general aspect of malapropos cesarean, and documented in the relevant articles of the Islamic Penal Code, assuming the sum of the elements of criminal responsibility, along with disciplinary responsibility, physicians and medical centers might be prosecuted by the public prosecutor.

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation.

The family has an irreplaceable role in ensuring the health of the individual and society; therefore, children should grow up under the care of parents and within the family. Parental care means keeping children in touch with the family. The present study has reviewed international documents on the necessity of children's right to family life in the light of the human rights system. The family, as the solid foundation of society and the first social institution, is a natural and fundamental unit that has historically always acted as a supporter and provider of the basic needs of its members. Numerous factors in the past few centuries and especially in recent decades have caused significant changes in the definition and structure and function of the family and the role of government in this entity. The international human rights system also recognizes the variability of the concept of family and that this concept varies from place to place and from time to time depending on historical, social and cultural conditions, while accepting the existence of different forms of social classes in all over the world, there is no specific definition of family and its types. Nevertheless, the right to family life of children is recognized as a fundamental right in the international human rights system. In addition to stipulating the right of the child to live in the family, the right to marry, to found a family, and support the institution of the family have been taken into consideration, which are rooted in human dignity and freedom.

The Special police for children and adolescents, as one of the special institutions of the juvenile justice system, was first considered in the Juvenile Delinquency Bill (1383) and then the legislator paid attention to it in the Criminal Procedure Code of 1392 in Article 31. According to this article, the police organization was ordered to form a police section for children and adolescents. In this study, in order to achieve the hidden angles of the role of the police in juvenile justice, an attempt has been made to explain the preventive position of the juvenile police in order to answer the question: what is the role of the juvenile police in the Iranian judiciary in crime prevention? The results of this study indicate that the behavior and approach of the Iranian police towards children and adolescents does not have a differential criminal policy and in dealing with children and adolescents, adult criminal policy is used. Therefore, it is necessary for the police to try to improve the process of intervening in the proceedings of children and adolescents by formulating a differential criminal policy based on protective and not criminal intervention in compliance with national and international principles and standards.