Contemplation on the Child Abuse Act with an Emphasis on the Protection of Children and Adolescents in 1381

Document Type : Specialized Article

Authors

1 PhD student of private law, Payame Noor University

2 Bachelor of Law, Payam Noor University of Kashan

Abstract

Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as punishment- which is considered to be one of the parental rights are the concerns of this study. Of the drawbacks of the laws protecting children and adolescents are lack of proper executive enforcement anticipated for child abuse in Article 2, problems of the penalties provided in Article 4, the discrepancy of decrees in Article 8 with the legislative procedure in other criminal laws and ambiguity in the limit of traditional punishment and discipline. Adjunction of clause: "any physical or mental abuse of a child" to deprive the child of parents in Article 1173 of the Civil Code, the prediction of the guarantee of the enforcement of Article 1178 of the Civil Code and establishment of offices responsible for the judicial protection of children as well as victimized children after the occurrence of a crime are examples proposed in this scientific research.

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Biannual Journal of Family Law And Jurisprudence
Volume 19, Issue 61 - Serial Number 61
January 2015
Pages 117-142

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