A critical re-reading of the legislator's Nissan in criminalizing the most obvious forms of child abuse in the new legislative approach

Subject Areas : Journal of Law and Politics

bohan khateri ¹ (دانشجوی دکتری حقوق کیفری و جرم شناسی، دانشکده حقوق، الهیات و علوم سیاسی، دانشگاه آزاد اسلامی، واحد علوم و تحقیقات، تهران، ایران)
Nasrin Mehra ² (000)
Mohammd ali Mahdavi sabet ³ (۰۰)
Nourooz Kargari ⁴ (Faculty of law- Research and Sciences University)

Received: 2023-07-01 Accepted : 2023-10-21 Published : 2023-12-21

Keywords: child abuse, child psychological abuse, child physical abuse, Child and Adolescent Protection Law of 1399,

Abstract :

Child abuse is a behavior and situation in which a child becomes a victim of torture and physical, emotional, sexual, emotional, neglectful, and sometimes structural abuse. The World Health Organization considers the issue of child abuse to be significant in four areas; Physical child abuse, sexual child abuse, emotional child abuse, and neglect. The first anti-child abuse law in Iran was approved in 2002 in order to implement international documents and to respond to the call of organizations and institutions supporting child rights and to create a deterrent against the phenomenon of child abuse. With the discovery of the shortcomings of the law and after about two decades, this brief law in 1399 was completely repealed and replaced by another new law. Despite the fact that the Iranian legislature in 2002, according to the Law on the Protection of Children and Adolescents, in particular, considered physical abuse of children in addition to emotional and psychological abuse, criminalized and punishable, in recent amendments, despite compensating for some shortcomings of the previous law And address issues such as child sexual abuse and child abuse due to neglect; But in general, the most obvious form of child abuse, namely physical child abuse and mental child abuse, has been forgotten, and this important issue has been removed from the examples and scope of child abuse criminalization in Iranian law in complete disbelief and completely ignored by the legislature