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National Document on the Rights of the Child and Adolescent; Introduce and describe the challenges

Study guide




Children, like adults, have the right to be treated with respect, to be educated in the best possible way, and to play and have fun as appropriate for their age. No one has the right to deprive children and adolescents of these rights. Consideration of this issue led to the ratification of the Convention on the Rights of the Child in 1989 by various countries. Since then, attention to the rights of children and adolescents has been one of the main concerns of advanced societies. Iran also joined this convention in 1372 and is obliged to comply with it. Of course, some child rights experts in Iran believed that other regulations should be passed in the country. As a result, a document entitled The National Document on the Rights of the Child and Adolescent has recently been issued. This document, which was announced in September 1400, has provoked various reactions. In this article, we will introduce you to the provisions of this document and its challenges.

Which institution has ratified the National Document on the Rights of the Child and Adolescent?

The National Document on the Rights of the Child and Adolescent was approved by the Supreme Council of the Cultural Revolution in the spring of 1397. The proposal to approve this document was proposed by the Cultural and Social Council of Women and the Family in 2014. The Cultural and Social Council for Women and the Family is in fact a subset of the Supreme Council of the Cultural Revolution and pursues issues related to women and the family.

What are the sections of the National Document on the Rights of the Child and Adolescent?

The National Document on the Rights of the Child and Adolescent consists of several main sections:

  • General;
  • Introduction;
  • Main materials (14 items).

In the following, we will examine each of these sections.

1. Generalities of the document

The general and introductory part of each legal document indicates the goals and perspectives that the document pursues. Therefore, if you want to understand the institutional purpose of the legislator in passing a law, you should refer to its introduction and generalities. The general section of the National Document on the Rights of the Child and Adolescent emphasizes the importance of ratifying this document. This section refers to the concerns of the international community in the field of children’s rights and the ratification of the Convention on the Rights of the Child, and states that the ratification of the National Document on the Rights of the Child and Adolescents is to integrate laws and regulations in this area. Also in this part of the document, the necessity of presenting an Islamic-Iranian model in the field of children’s rights is emphasized.

۲. Introduction to the document

In the introductory part of the National Document on the Rights of the Child and Adolescent, the role of the family as the main pillar of society in the physical and mental upbringing of the child is mentioned. This section emphasizes that the government should provide the necessary support and assistance for the upbringing of children. It seems that the National Document on the Rights of the Child and Adolescent has been adopted to achieve such a goal.

3. The main material of the document

The next part of the National Document on the Rights of the Child and Adolescent is its main structure. This document consists of 14 articles. In the raw materials, various items are defined that are mentioned in the document. Article 2 defines “child and adolescent” as follows: “… A child is any human being who has not reached the age of puberty, and an adolescent means an adult who, according to the law, has not reached intellectual development commensurate with his or her specific rights and duties. … »

In the following articles, the various rights of the child are listed and rules are set for each. The rights of children and adolescents referred to in this document are:

  • Life and survival;
  • Identity;
  • Family law;
  • Health;
  • Fun, games and sports;
  • Cultural, educational and training rights;
  • Economic right;
  • Judicial law;
  • Security;
  • The rights of children of religious minorities.

The final material of the document is also related to its implementation. Article 13 emphasizes that all institutions related to children and adolescents are obliged to consider and implement this document.

What do experts think about the National Document on the Rights of the Child and Adolescent?

The promulgation of the National Document on the Rights of the Child and Adolescent in September 1400 provoked many reactions. Experts in favor of ratifying the document emphasize the need to present an Islamic-Iranian model. The group believes the document has new innovations and initiatives that did not previously exist in the country’s laws and regulations. Giving birth certificates to children of Iranian mothers and recognizing the right to identity of children and adolescents are among the innovations that this group of experts point out. They believe that the ratification of such a document is an important and necessary step. Of course, the communication of this document also faced some objections. Many child rights experts believe that this document has many challenges and disadvantages. We have expressed the views of the proponents of this document. In the following, we will point out the challenges and disadvantages of the document from the perspective of child rights experts.

What are the disadvantages and challenges of the National Document on the Rights of the Child and Adolescent?

Important disadvantages and challenges of the document that child rights experts point out are:

  • No need to approve the document;
  • Objections related to the body approving the document;
  • Ambiguities regarding the International Convention on the Rights of the Child;
  • Uncertainty of puberty;
  • Ambiguities regarding the government’s duty to monitor new methods of pregnancy;
  • Ambiguities of the document on the criminal rights of children and adolescents.

In the following, we will examine each of these disadvantages and challenges.

Challenges of the National Document on the Rights of the Child and Adolescent

1. No need to approve the document

The first part of this document emphasizes the need for its approval in order to present an Islamic-Iranian model, but was the approval of such a document necessary? Child rights experts believe that issues related to children’s rights are included in the Convention on the Rights of the Child, and that Iran has ratified the Convention. As a result, there is no need to approve a new document.

۲. Objections related to the body approving the document

As we said at the beginning, the National Document on the Rights of the Child and Adolescent has been approved by the Supreme Council of the Cultural Revolution. This is another problem that child rights experts point out. In fact, this group of experts believes that issues related to children are not just cultural issues. Issues related to children and adolescents, economic, judicial and اب dimensions. They also have. As a result, the approval of such a document is not within the competence of the Supreme Council of the Cultural Revolution, which deals with macro-cultural issues.

3. Ambiguities regarding the International Convention on the Rights of the Child

When an international treaty is adopted, it is ratified by the legislature. According to this law, Iran accepts the provisions of the relevant treaty and considers it in accordance with other laws of the country. The Convention on the Rights of the Child was no exception. In 1372, the parliament approved the law related to the acceptance of this convention. The challenge posed by legal experts goes back to the same issue. Article 13 of the National Document on the Rights of the Child and Adolescent emphasizes that “this document is the basis for introducing and explaining the position of children and adolescents in the system of the Islamic Republic of Iran in international forums.” Is this document intended to ignore the Convention on the Rights of the Child? However, the relevant officials have emphasized that “the ratification and promulgation of this document by the President does not in any way mean ignoring the UN Convention on the Rights of the Child.”

4. Uncertainty of puberty

The next ambiguity of the National Document on the Rights of the Child and Adolescent concerns the determination of the age of puberty of children. There has always been disagreement about the legal age of children. The Law on the Protection of Children and Adolescents, approved in 1399, has declared the age of majority to be 18 years old. The Convention on the Rights of the Child also sets the same age as the legal age. However, in the National Document on the Rights of the Child and Adolescent, there is no clear definition of puberty and there is ambiguity in this regard.

5. Ambiguities about the government’s role in overseeing new methods of pregnancy

Article 4 of the document mentions the duty of the government to supervise new methods of pregnancy in order to preserve the lineage of the child. While the law on how to donate embryos to infertile couples emphasizes that donating and transferring embryos to infertile couples must be completely confidential. The ambiguity that arises is what is the duty of this law? Doesn’t the secrecy of embryo donation conflict with preserving the pedigree of the child?

6. Ambiguities of the document on the criminal rights of children and adolescents

Another ambiguity pointed out by child rights experts concerns the criminal rights of children and adolescents. There has always been disagreement among lawyers about the age of juvenile delinquency. That is, there has always been ambiguity as to whether or not a child should be punished if he or she commits a crime. At what age can children and adolescents be punished for their crimes? These ambiguities have not been resolved in the National Document on the Rights of the Child and Adolescent.

Concluding remarks

The National Document on the Rights of the Child and Adolescent has its strengths. Giving birth certificates to children with Iranian mothers and recognizing the right to identity of children and adolescents are among the strengths of this document. However, the ambiguities and challenges of this document are not small. There are still ambiguities regarding the approving authority of this document. More detailed issues such as the legal age and age of criminal responsibility of the child are also issues that need further investigation and expertise. In this way, the better life of children and their future can be guaranteed.

Warning! This article is for educational purposes only and you need to consult your doctor or specialist to use it. more information

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National Document on the Rights of the Child and Adolescent; Introduce and describe the challenges

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