Criminal Law
samira ahmadiyanmoghaddam; abbas samavati; farid mohseni
Abstract
There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children ...
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There is less opportunity for criminal situations to arise in the personality of children and adolescents under the shelter of the family. Numerous verses and narrations have presented parents’ duties (on the topic of preventing children and adolescents from deviation) such as keeping children from deviance, warning, order to pray, enjoining right and forbidding evil, and the patience of the parents in performing these tasks in a completely fluent and practical way.
In this research, using the descriptive-analytical method, while expressing a set of parents' duties including their acts or omissions based on law; Islamic Jurisprudence and teachings, the types of incentive and/or deterrent sanctions and punishments are explained. Important and valuable steps have been taken in the protection of children and adolescents such as: passing the Law on the Protection of Children and Adolescents (2019), Anticipating regulations that refer to some of the basic principles of the Convention on the Rights of the Child, including the right to life, participation, and protection of people under 18 years, Anticipating the duty of providing information for the organs, government institutions and media about the rights of children and adolescents, attracting the attention of citizens and activists in the field of children and adolescents rights and pointing out negligence towards children and its criminalization and anticipating provisions that refer to some of the basic rules contained in the Convention, including the prohibition of torture and identification of legal personality.
the lack of provisions related to gender issues and discrimination, as well as immunity for parents who violate children's rights or the exemption of parents from certain punishments due to the Article 9 of this law regarding the commission of some negligent crimes against children; are among the loopholes of this law.
