مجله حقوق کودک
پیاپی 2 (تابستان 1398)

Despite the increasing global attention on the societal need to respect the principles of children's participatory rights in which children are involved, surprisingly, the relationship between children's rights and research ethics is not clear and research ethics for children’s rights have been neglected in the social sciences literature. The aim of this study is to determine the relation of the ethical guidelines with children’s right.

This analytic study conducted to analyze the ethical research considerations from human rights and child right perspective.

Our analysis revealed that although the human right principles referred to in the social research ethical guidelines, the definition of “right” and especially children rights are ignored. Within the social sciences research ethical guidelines, including those related to children, there is often a lack of direct referral to the human rights principles emphasized by the UN Convention on the Rights of the Child (UNCRC).

Linking the human rights principles within research ethics guidelines will promote and encourage a rights-based approach to child research. These specific Research ethics guidelines need to be drawn upon the UNCRC.

Labor childeren, whether street and active in closed environments, works with customary practices (such as street peddler), semicustomary (such as garbage) and unconventional (such as prostitution). Several criminological theories, including Social Strain theory, Criminal Ecology theory and Cultural Conflict theory, have provided important cognitive explanations of the phenomenon of child labor, but other criminological theories, such as the theory of Opportunity and the theory of Everyday Activities, can be used to model the type of conventional, semi-conventional and unconventional activities of children used the offenders who often fall victim to them. Inconsistencies in the habitat, inaccuracies in the perilous environment, inability/ignorance of counseling institutions in crisis intervention, perceptual and behavioral disorders and lack of citizenship rehabilitation skills provide the opportunity to commit certain crimes against child labor in turbulent metropolitan furniture. Awareness of what kind of activities by types of child labor, the context of victimization in which crimes increases, enables intelligent child labor victimization strategies to be given to custodial policemen in the field of child protection. Adopting a prevention strategy without a specific knowledge about the status of environmental conditions harmful to children, the sustained failure of these strategies persists. This article, after applying the criminological theories on the factors and the process of child victimization, explains the meaningful relationship between the crimes committed against these children by their type of work (conventional, semi-conventional and unconventional) and strategies for increasing the crime of committing crimes against these children and enhancing immunity.

This study was conducted by reviewing the laws and regulations of Iran and Egypt concerning children and adolescents, and also international standards such as the Convention on the Rights of the Child and the Beijing Rules as well to compare and analyze issues including children and adolescents protection rules in Iran and Egypt, the minimum and maximum age of criminal responsibility, type and extent of criminal responsibility in different age groups in both Iran and Egypt. Then, the extent of compliance of two countries rules with international rules was assessed. Our results revealed that Iran has not complied with the principles of legislation in drafting the protection laws for children and adolescents. The adoption of numerous and dispersed laws in the pre and post revolution has undermined the principle of accessibility of the law, then these circumstances make it difficult to protect children and adolescents with It is a problem and finally prevent the realization of access to justice. In Egypt, the minimum and maximum age for criminal responsibility is 12 and 18 years, respectively, also the minimum age of civilian custody is 21 years, while in Iran’s law, there is not the same approach regarding minimum and maximum age of criminal responsibility due to punishments of crimes are classified into discretionary, retaliate. This result has controversy with international regulations.

Models of response to children unlawful behaviors are grouped into five categories, penal justice, welfare, restorative, minimum intervention, and risk management. Each of these models attempts to correct delinquent children in a different way and with varying degrees of impact, and non-punishment or mild punishment may lead to further correction of delinquent children in certain offenses. This study aimed to compare the extent and manner of application of the Minimum Intervention Model with other models in Shahid Fahmideh Judicial Complex of Tehran. It was performed through the explanatory content analysis method and the statistical population consisted of 100 cases selected from two branches of this complex using the purposive non-probability sampling method. After the data were collected, they were analyzed in SPSS, and the percentages of frequency were as follows: 20% of the cases were not responded due to order for suspension of prosecution and 76% of the cases had at least one of the intervention indicators in addition to other response models. Findings indicated that the judges of this complex used the Minimum Intervention Model more than other models. Although the use of this model in the area of criminal justice for children and adolescents is a positive action, it must be adjusted in some offenses.

Education as a fundamental right of children's human rights represents the development of human societies and the growth and excellence of children in today's societies. Undoubtedly educational environments in order to realize such a right should have a safe and desirable space to increase the mental health of children in learning the knowledge and realization of their education and upbringing. Hence, the phenomenon of violence in such environments has become increasingly evolving in spite of educational and corrective approaches to child behavior and discipline in the prevailing educational environment. in this study, by studying and explaining violence against children in educational settings based on the documents of the International Human Rights Law, as well as the Iranian legal system's standards regarding the right of children and their support, they are working to prevent and prevent the occurrence of such a phenomenon. Provided in educational environments.

Juvenile delinquency is a form of declaration of incompatibility with the community and a sign of danger in the possibility of their survival in a criminal abduction. The main purpose of applying the guarantees of execution and punishment in dealing with juvenile delinquency is to reform, educate and reconcile them and, above all, seek criminal justice measures to rehabilitate and prepare the person for returning to society. Therefore, it seems that the imprisonment and punishment of liberation cannot be effective in achieving these goals and that violent and violent attacks can lead to a proper and incorrect bias in their behavioral system. As a result, alternative prison sentences for juvenile offenses, influenced by the teachings of restorative justice, will be more than anything else. Penalties that are imposed by the court, with the participation of the public and civil society in the community, with regard to the offense of commission, the personality and criminal record of the offender, the frequency of committing the crime, the situation of the victim and the effects of the commission of the crime. Measures such as periods of care, residence, maintenance at the end of the week, electronic surveillance, free public services and advocacy institutions such as postponement of the sentence, quash, suspension of prosecution, file archiving, exemption from punishment, criminal mediation, suspension Penalties, the semiliberation system and probation freedoms allow the offender to compensate for the mistake of committing and harming the community and feeling responsible and efficient in society. Although it should be noted that excessive punishment for substitute imprisonment, regardless of the family context, environment of the life and economic conditions of an adolescent, is a kind of abandonment of his insecure circumstances in his life that led him to delinquency and now again It is in this environment that may result in serious and persistent criminal offenses; in such cases, the calm and discipline of keeping in the center of reform and education and training institutions are preferable to such actions. This paper examines the bases and types of alternatives to juvenile delinquency penalties and then explains the critical attitude of some enforcement instances and possible objections to the imposition of alternative prison sentences.

Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if left unaddressed, will become a moral norm and difficult to deal with legally.

This study conducted to a descriptive - analytic study that examines the basics and dimensions of legal liability arising from Malapropos Cesarean.

Malapropos Cesarean Because of the disruption to the child's natural birth process and putting him at risk can be regarded as a violation of the basic and fundamental rights of the child including the right to life and the right to health and in particular fetal right to spend a full period in the womb. Accordingly, jurisprudential, ethical and legal considerations of this social phenomenon indicate the possibility of professional, civil and criminal liability for physicians. In addition, parents should be involved in the practice of physicians’ violation.

Due to the lack of victim power for the action and the consent of the parents and the physician to intervention in the delivery process, the legal prosecution of Malapropos Cesarean faces obstacles. Accordingly, it is necessary, within the framework of the health law system, emphasizing on the public aspect of Malapropos Cesarean, while applying current laws, as well as regulatory, along with dealing with offenders, would be considered necessary measures to avoid health centers from performing this surgery.

Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians.

This research is based on descriptive-analytical method and based on valid library documents and resources.

When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment.

Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions.