Iran Criminal Law Mechanisms in Enforcement of Litigation Right for Victimized Child (Child`s Litigation Right)

According to the principle 36 of Iran Constitutional law, everyone has the right of litigation. Everyone can access proper courts for litigation. These courts must be available for everyone and nobody can`t be denied from resorting to the court which is accessible according to the law. All of terms that has been used in this principle, are absolute and unconditional. So, the primary principle is that disability is not a barrier in this way. But enforcement of this right in some groups such as children and adolescents can be faced with some barriers because of special physical and social situations. This is an important matter in crimes against child because of major impacts of victimization and social and humane necessities in supporting victimized children. Although being a child is not a barrier to litigation right when a child is victimized, legislators by attending to the vulnerability of child in bringing criminal action and for reducing black figure of crimes against them, have provided some differential supportive mechanisms in enforcement of this right by adopting welfare approach. This matter has been provided in criminal procedure law (1392) that is one of the most victim-focused in Iran criminal laws. Reviewing this Act and comparing it with the other laws and legislations in this area such as Child Protection Act (16/12/2002, other Acts and ongoing bills present the disharmony, conflict and confusion in legislative policies in this field. This essay reviews mentioned matters in descriptive- analytical approach and by use of comparative law findings.