Examining the powers of the right to discipline the child in Shia jurisprudence and Iran's legal system

Subject Areas : All jurisprudential issues

sajad  elahi ¹ (PhD student in Criminal Law and Criminology, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.)
karim  salehi ² (Assistant Professor, Islamic Azad University, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.(corresponding author))
abas  jazaeri farsani ³ (Assistant Professor, Islamic Azad University, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.)

Received: 2023-07-16 Accepted : 2023-10-01 Published : 2023-03-21

Keywords: The right to discipline, the right to punish a child, the rights of a child, child abuse,

Abstract :

The right to punishment is an issue that exposes children's rights to danger and abuse in national and transnational spheres.On the other hand, disciplining children and harming the health of the child's body and soul has become an issue that parents and guardians are clinging to as a weapon to exercise their own taste and also to abdicate their responsibility.Of course, this issue is not the same everywhere, but providing a model for judicial use in dealing with this phenomenon in general is one of the important issues of children's rights.In this way, by analyzing the descriptions mentioned in the laws of Iran and the United States, followed by the United Nations Convention on the Rights of the Child.The different result and disapproval of the Iranian law was determined from the two conditions of criminal justice, as well as the lack of attention to the legal foundations of this phenomenon.Therefore, it is believed by tradition that the different policy of Article 9 of the Child and Adolescent Protection Law was written without considering the basics of guardianship of the child and did not distinguish between guardians who have guardianship or other guardians.On the other hand, it is very different from the international documents in this field, and it has not mentioned the right to punish from the point of view of discipline, which is mentioned in Article 158 of the Penal Code.While the above-mentioned law has been prescribed in the field of interpretation, which is against the requirement of criminal revision.Therefore, with the mentioned arguments, it is suggested to amend Article 9 of the Protection Law and Article 158 of the Islamic Penal Code.