مجله حقوق کودک
پیاپی 1 (بهار 1398)

The interest of the child means managing his affairs in such a way as to ensure the accuracy of his physical development and his moral and intellectual civility. The interest of the child arises of the particular physical and psychological state of the child because the child is not an evolved person but is on the path to becoming an adult and wise person. Therefore, the interest of the child is different from the interest of the adult man. For this reason, in conflict between preserving the child's psyche and preserving his property priority is by preserving his soul and intellect. Iran law and the United Nations Convention on the Rights of the Child have accepted this criterion. Because of the joinder of Iran to the Convention on the Rights of the Child, the Convention, based on Article 9 of the Civil Code, is governed by the domestic law of Iran, and it can be inferred from the interpretation of the existing laws and the completion of the reticence of the law, such as the time when the child withdraws from custody, to the present Convention, In this direction, it has been cited in some of the rulings issued to this Convention as one of the directions of the ruling.

The present study sought to study the scientific structures and the implementation of child rights in Markazi province, therefore, the level of analysis is at the macro and structural levels, in such a way that all programs, actions and structures in relation to salaries The child was identified in Markazi province and then analyzed using the library-based document analysis method. The purpose of the research was to identify the strengths and weaknesses of scientific and executive in relation to child rights in Markazi province and ultimately to provide a solution for policymakers to improve the status quo. The lack of a definite definition of the "child" and "childhood" in Iran and the scattered petty culture in the provinces, such as the Markazi province, and the gap between the definitions of various institutions, including the institution of religion, law and law, in addition to the non-conformity of each with Popular culture, the lack of power for prescribing and policy for the children's rights committees, such as the central governorate, the system of denial of child support programs and the assignment of children's rights in the province to the Chambers of Ladies and Family Governorates have led to the second priority of children's rights programs in provinces such as central province. As a result, all of these cases have led to barriers to improving the status of children's rights in Iran at the macro level and in the central province at a lower level.

Throughout history the child has been exposed to various abuses due to certain physical and mental characteristics. The specific situation of street children has caused them to be exposed to various types of abuse and harm in the community in the family environment, and they need a lot of support, including legal protection. The phenomenon of street children and work is one of the problems facing most of the major cities in the contemporary world. Children are forced to work due to their particular circumstances, and this has led to positive and negative changes in their self-reflection of their peers. The issue of addressing poverty and children and solving street children's problems is a matter that will only be solved with the cooperation of international governments, international governmental organizations and international NGOs, such as Amnesty International and Human Rights Watch, and will work closely with the rights of children's rights activists. The social status of these children is very unfavorable and street children are more likely to be subjected to sexual assaults and illnesses such as AIDS, sexual violence and forced pregnancy if they are girls.

Problem of working children and street children is one of the most issues related to children in developing and developed societies, there are between 100 up 150 million street children in the world. Cannot presented estimated right from number of this children, because there is no definition accurate from this issue and states don’t express breadth of this the phenomenon in yourself country clearly, different and damaging politics by authorities and social factors and family .unfortunately it has provoked to this problem such as unmatched the rules in country and no conformity of existence ruled and a lack of sanctions in encounter of offenders and lack of awareness families from laws of children that indicates this is necessity to confront to the phenomenon more than ever the present article is trying to express solutions direction improvement of children situations after cash politics and survey problems of this children.

The existence of social problems in every society puts children at greater risk than others and damages their health and well-being. In our country, children are facing with various problems and this problems comes from different reasons (economic, social, cultural, etc.). Street children and children who are vulnerable to harm, mainly for economic reasons, who work on the streets and, in fact, spend most of their time in unsafe and risky streets and, as a result, are more exposed to these children, especially girls. There are various risks. Understanding the status, problems and harm of these children, gathering statistics, information and resources about them, getting acquainted with the causes and factors causing these injuries and increasing them, is the first step in helping these children and trying to make the necessary changes in their lives. It means to benefit from their rights. The lack of information and their distribution in relation to children exposed to harm in general and working and street children are in particular a barrier to planning and organizing activities to relieve them of harm. Designing a database of street children and children can be promising in this field, and it is necessary to transfer it through the database to future generations.

One of the Asylum seekers children’s essential rights is the right to health, which is interpreted as the highest physical and mental standards. This right may include comprehensive medical and healthcare services, proper food and housing, proper health educations and also healthy environment. Accordingly, the governments are required in convention on the rights of child to spare their utmost effort to realize this right. At the time being, considering the large number of asylum seekers heading from the West Asian countries towards Europe, the European countries’ commitment to ensuring the asylum seekers children’s right to health is critically important. By comparing the Convention on the Rights of the Child and its General Comments with Common European Asylum System, Apparently, despite of the fact that the European Union has been successful in legislating for the asylum seekers children, in some cases, the fulfillment of children’s rights is subordinated to the domestic conditions of members of the EU, that it’s contrary to their obligations.

One of the major abuses against the child's legal rights in the community is pornography that violates human dignity, as mentioned in international documents and today it has become a growing global threat. The direct production or direct participation of children in sexual images is pornography, which is conducted through a variety of media including magazines, cartoons, paintings and animations. Given the irreparable consequences of this damage to children, countries and governments must take appropriate legal action so that this can be done to some degree from the destructive effects of this vulnerable group. Child pornography has been banned and sanctioned in most countries of the world and in international documents and treaties that have been concluded between countries. In domestic law, although it has not explicitly referred to pornography, but it has been declared illegal by numerous instances in several laws, and it has been punished for the offender, but it should be noted that the drafting of the law in this The field is not the only solution to eliminate this crime and to eliminate its effects, but the government must inform the people and families and children.

In civil law of Iran, the right of women to nationality is intertwined with their family rights and duties and family rights are preferred to the moral rights of them. According to the above law the citizenship of the Iranian mother did not affect the child's nationality and even if child is born of Iranian mother and foreign father on Iranian soil, this person is not considered Iranian.
On the other hand, mother and father of many of these children are married without compliance of article 1060 of the Civil Code and some of men have no nationality and some of men have died or been missing, as a result, their children lack citizenship and identity.
Considering the ineffectiveness of the law of determining the nationality of the children of Iranian women married to foreign men and the need to modify the existing rules, this article is written. This article is a library study method by analyzing existing laws and regulations.
In this article , effect of the mother's role on granting citizenship is explained and checked the systems for determining the citizenship of individuals and families and suggested to these children are known Iranian and this problem can be resolved by the mother's request from the birth or by the child from the age of 18 years.
It is essential for mother's support, her marriage will be recorded and citizenship rights are given to these children before granting citizenship.