Comparative Study of Mechanisms for Protecting Children's Rights in International Human Rights Documents and the Iranian Legal System with Emphasis on the Convention on the Rights of the Child

سال انتشار: 1405
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 38

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شناسه ملی سند علمی:

HUCONF06_274

تاریخ نمایه سازی: 22 شهریور 1405

چکیده مقاله:

The protection of children’s rights has become one of the most important concerns of contemporary legal systems and international human rights discourse. Over the past decades, the child has increasingly been recognized not merely as an object of care and parental authority, but as an independent holder of civil, social, cultural, developmental, and protective rights. In this context, international human rights instruments, especially the Convention on the Rights of the Child, have provided a comprehensive normative framework for the recognition and enforcement of children’s rights. At the same time, domestic legal systems have responded differently to these developments depending on their constitutional structures, legal traditions, and cultural or religious foundations. The Iranian legal system represents a significant case in this regard because it combines statutory law, constitutional principles, and Islamic jurisprudence in the regulation of child-related issues. The purpose of this review article is to comparatively examine the mechanisms for protecting children’s rights in international human rights documents and in the Iranian legal system, with special emphasis on the Convention on the Rights of the Child. The study seeks to identify the principal legal foundations, institutional mechanisms, major areas of convergence and divergence, and the practical challenges that affect the implementation of children’s rights in both frameworks. Methodologically, this study adopts a descriptive-analytical and comparative approach based on library research. It reviews relevant international human rights instruments, especially the Convention on the Rights of the Child and its related mechanisms, alongside major principles, laws, and legal institutions within the Iranian legal system. The analysis focuses on key issues such as the definition of the child, the best interest’s principle, education, identity, protection from abuse, child participation, and juvenile justice. The findings show that both international law and Iranian law recognize the necessity of special protection for children and share common concerns regarding welfare, education, and protection from harm. However, they differ in legal philosophy, institutional design, and implementation methods. International law adopts a more integrated, rights-based, and child-centered model, while the Iranian legal system provides a more fragmented but contextually grounded framework shaped by family-centered and jurisprudential considerations. The study concludes that although significant differences remain, there is substantial potential for constructive harmonization through clearer legislation, stronger child-centered procedures, and more coherent interpretation of protective norms.

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نویسندگان

Kourosh Ghaedi

Master of Public Psychology, Arsanjan Branch, Islamic Azad University, Arsanjan, Iran.

Alireza Fallahi

Master of Public Law, Marvdasht Branch, Islamic Azad University, Marvdasht, Iran.

Zahra Mirzakhani Nafchi

PhD Candidate in Private Law, Bushehr University, Bushehr, Iran. (University Lecturer).

Fatemeh Zare

Bachelor of Law, Marvdasht Branch, Islamic Azad University, Marvdasht, Iran.