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Paper Information

Journal:   SOCIAL WELFARE   WINTER 2010 , Volume 9 , Number 35; Page(s) 51 To 87.


Author(s):  ZEINALI A.H.*

Objective: Today the Countries identify values, principles, rules, norms of human rights and the solution of guarantee a, execution and supervision on these by collection of documents. Doctrines, Practices and Institutions that have had it under the title of the international human rights. According to this system. In light of the total international regulations related to human rights, has established a system of protection that with all of principles and Institutions trying to use People from the global common values and to ensure respect for human beings. Formation of this system and international consensus on the values, principles. Rules and human rights norms has preceded the Universalization of human rights successfully. The who in this special protection principle of children against behaviors violated their rights as the most fundamental principle in the field any policy-making about the children in the first place what extent identified in the global level and second place recognized in the positive law. Today, with economic and social changes. under the influence of religions and changing attitude toward human societies in the thinkers’ efforts and social reformers, has been changed the kind Approaches compared to the “Children and “childhood’. This normative and scientitic change in the type of approach to the children of the second half the 20th century, under the influence of principles. rules. standards and norms human rights, has improved a lot. In a process that the ban on discrimination against them in enjoyment of human rights, due to his childhood, and the other hand, the recognition of the specific protection principle of children due to their vulnerable situation, is positioned.
Method: this study, which will be done in the explanatory-analysis method, with comparative approach, will use of the international documents that acting by international and regional organizations and national legislation.
Findings: in the light of formation of the international human rights of children, special protection of the children, identified and accepting the world. Also this principle has been accepted in the constitution acts in most countries in the world against the Islamic republic of Iran constitution.
Enforcing family responsibilities, differential crirninalization and special penalization are the most important aspects of the special protection of children in welfare, civil and criminal law.
Results: identifying the principle of the special protection of children in the all human rights documents (general, special, public, obligatory and unobligatory) demonstrate the global recognizing of this principle in the normative level. The reforming of the constitution in many countries to support the principle of the child protections has gone through as the main strategic foundation in the differential legislative policy against behaviors to violate the rights of children. The acceptance of this principle in the Islamic republic of Iran constitution will impress on the process of transferring and integration of t international criteria about the protection of children in special Iran positive acts. With regard to the enacted all the Iran penal code with Islamic principles based on the fourth article of Islamic republic of Iran constitution and because of the immethodical practical Iranian state and parliament in conditional supplement on the international conventions. Iran’s penal law convergence with the globalization process of criminal law in the field of child protection against victimization face with obstacles and limitations. But situating the most mechanisms of penal protection of children against victimization in the realm of tazzer and preventive punishment and existing of elements change and expediency society in this realm and human viewpoints, science based and Expediency oriented in Islam jurisprudence and focusing the Iranian legislative institutions to Human Rights and comparative penal law Studies and ratifying and approving the international documents (including human rights and has a streak merely penal content) in protection of child victim (especially in recent years) are the capacity and the necessity of Iran’s penal law convergence with the globalization process of criminal law in the field of child protection against victimization.

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