hedyeh hedayat; seyed hossein hashemi
Abstract
The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial ...
Read More
The family has a significant role in public health and children should grow under parental responsibility for the full advance of their personality. Hence, it is concluded that the principle of maintaining contact with children shall be followed; however, this principle is not always beneficial and for the case of child abuse within the family, the best interests require some exceptions; i.e. children temporary separation and foreclosure maintenance of parents in severe cases with emphasis on the best interests of the child. This article, through international documents, tends to peruse the need to protect children in their family after victimization by family members. In this line, the importance of family-centered cares with expanding the alternative family and finally, suitable accommodations in institutions are taken into account in the hope of the return of children to the family. Moreover, continuity and in critical conditions of failure to satisfy child’s needs by alternative family and in the lack of hope to return to the family, full separation is the last resort. A comparative study between international documents indicates many legal vacuums in Iranian laws. Present Laws fail to guarantee the principle of non-separation of the child from family suitably. In this situation, the legislative criminal policy must be established in order to protect children against the victimization.
shadi azimzadeh; hedie hedayat
Abstract
Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and ...
Read More
Abstract;
Committing crime against children causes material losses or physical abuses and causes severe mental damages which cause defamation of children, insufficiency and children’s psychiatric disorders. The sentencing phase or determining punishment should accompany with material and moral restitution including emotional and mental restitution mechanisms which is not only one of the easiest and the most prominent species of protection of victims but also is prevention from re-victimization and reducing damages to a child and healing from emotional and mental damages. Restitution must be provided by the offender and if this is not possible on behalf of the offender, it must be provided by the government, insurance and special funds. Effects of mechanisms of restitution appear on the child victim directly and the more extensive, will prevent the extension of the harm caused by crime against the child. Hence, sentencing for offenders of crimes against children has a close relationship and worthy of study with restoration and restitution mechanisms.
