نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Children's rights have been taken into account from different aspects, esp. in consequent of establishment of the Convention on the Rights of the Child. The present research by considering the methodology based on descriptive and focusing on normative propositions of children's rights, has been divided into three main categories: the right to provide protection, the right to participation, and then, considering the rights to ensure implementing which has been divided into two parts: the right to provide for physical rights and Provisional ones as emotional and mental rights in the Convention on the Rights of the Child and Iran's legal system. The present research deals merely with the right to provide for the child in the convention and legal system of Iran, through innovative categorizing the right to provide for physical and mental support. It is highly believed that there is no fundamental difference between these two from the physical aspect; however, from the cases of differentiation between the legal system of Iran and the Convention on the Rights of the Child, it would be specified to support the spiritual and psychological dimensions. Although the Convention deals with such cases implicitly, the Iranian legal system applys a double standard policy in this regard, i.e. about girls, clearly declared and precisely striken the point, while any other case than the above mentioned, there would seem only paying attention to general cases and some relevant examples. However, the judicial procedure aims to compensate for this by issuing related decisions and verdicts. Another example is that in the Convention on the Rights of the Child, the right to have a name is cleatly sufficient, while in the Iranian legal system, the right to have a good name is restriclty specified. Undoubtedly, in this regard, Iran's legal system is more complete than the convention and more compatible with children's rights. Also, the Convention on the Rights of the Child only emphasized the right to have a family but not mentioned the right of the child to have a legal lineage. Simultaneously, the Iranian legal system has provisionized the right of the child to have a lineage as well as to have a family which emphasized this from various aspects. According to what above said, Iran's legal system, in addition to the right to have a family, emphasizes the right of the child to have a legitimate lineage, and therefore considers superior protection beyond the convention for the child. This should not lead to the idea that a child born of illegitimate parentage does not have rights in Iran's legal system, but in these cases, the said child has all the rights of other children except the right of inheritance. The right to ensure human behavior has not been legislated positively in Iran's legal system, besides the legislator has limited himself to stating the negative aspect of the prohibition of physical and mental torture, which is necessary to be taken into consideration in future legislations.
کلیدواژهها [English]
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