مجله حقوق کودک
پیاپی 14 (تابستان 1401)

One of the types of children's rights that is closely related to the right to life and the right to health is the right to a healthy environment. The main question of this research is what requirements are provided in international documents to support children for a healthy environment?

The research method is descriptive-analytical and the data is collected by documentary-library resources.

Although the Convention on the Rights of the Child does not explicitly support the right of the child to a clean environment, it contains several provisions related to the issue of environmental protection, such as the right of children to life, survival and growth, the right to the highest standards of health and the right to a decent standard of living. A clean and healthy environment is a requirement for the fulfillment of the aforementioned rights and is also a key factor in the effective implementation of the entire convention. This convention has been in place for about three decades and the World Bank has clearly stated that investing in children's health is necessary to ensure human and economic development. Nevertheless, despite the global awareness of the destructive impact of environmental destruction on children's lives and, by default, on the future of humanity, we are faced with one million seven hundred thousand children under the age of five who die each year due to environmental problems.

In many international documents, despite the fact that we do not explicitly and independently see children's right to a healthy environment, it can be inferred that this right is recognized in many articles. For this reason, the explicit recognition of the child's right to have a healthy environment should be considered at the global level.

The right to counsel is one of the main aspects of a fair trial. In the meantime, considering children's lack of full ability to defend, it is more important for them to have legal assistance. This study was conducted with the aim of investigating the level of attention of the Code of Criminal Procedure approved in 2012 and international documents regarding the legal assistance of a lawyer to a child in the process of criminal proceedings.

The present research was written using the descriptive method and the use of library resources consisted of related laws and legal documents.

Legislator in Iran, along with taking some innovative measures such as recognizing the right to visit a lawyer in the stage under supervision and paying attention to the role of a lawyer and his legal assistance for children in the stage of protesting the sentence, regarding the benefit of criminal children from a lawyer in the trial stage, adopted two different approaches. In this way, the existence of a lawyer during the proceedings is not mandatory, but can be applied as a matter of law, regarding crimes of degrees six to eight, as well as other crimes without the legal punishment of imprisonment. However, in crimes that are under the jurisdiction of the First Criminal Court, and in the crimes that require the payment of Diya or Arsh more than one-fifth of the full Diah, as well as in Tazeeri crimes of the sixth degree and above, the presence of a lawyer in the proceedings is assumed to be mandatory. The study of international documents regarding the effects of legal assistance of lawyers for children shows that these documents have paid attention to the role and position of lawyers in the protection of children in the three stages of pre-trial, trial and appeal.

In the Code of Criminal Procedure, in line with international documents, the domestic legislator has paid more attention to the role of lawyers and legal aids in dealing with children's crimes.

The increasing growth and transformation of crimes that can be committed in cyberspace and the spread of negative and harmful consequences resulting from them cause physical, psychological, social, moral and economic harm to children and teenagers. Therefore, in addition to the substantive and procedural laws and regulations that have been established to protect all victims, it is necessary to stablish special laws by considering the special conditions of children and teenagers victims to support them. The purpose of this article is to investigate the innovations of legal materials and the possibility of their extension to the field of victimization of children in the cyberspace as well as discovering the shortcomings and offering suggestions in this field.

The present research has been done using descriptive-analytical method and library resources.

Although the legislator of Iran, under the influence of the criminological teachings of children and teenagers and the awareness of their special conditions, support them with the "Law on the Protection of Children and Teenagers", provided protections such as explaining the dangerous situation of a child or teenager, establishing a children and teenagers protection office and imposing duties for institutions such as Welfare Organization, police force, Prisons and Security and Corrective Measures Organization, Ministry of Interior and Ministry of Health and Medical Education and benefit from welfare social worker, but their special support in cyberspace has been neglected.

The criminal system needs to take measures in order to protect children against threats caused by cyberspace in two levels of preventing harm against children and teenagers and support them after being victimized.

The cornerstone of the future growth and development of the society is the upbringing and protection of the rights of today’s children. The harmful effects that various examples of violence leave on a child's personality and mental-psychological condition and expose his future and society to serious harm are not hidden from anyone. Due to the physical weakness and vulnerability of a child much more than an adult, the society should support and give special attention to them. The most important step in this direction is the correct recognition of the rights that protect the child from experiencing violential behavior and place them under the significant support of society. Thus, the mission of this article is to explain the most important rights of children against any violence and child abuse.

This study is of theoretical type and has been done with descriptive-analytical method and using library resources and inference in laws.

The legislator of our country has protected the rights of children against any possible abuses in various laws and regulations and has paid attention to the rights of children against any instances of violence.

The right to equal social protection, the right to access to appropriate information, the right to not be forced to work, the right to proper education, the right to not be exploited or trafficked, the right to special welfare protections and service support are the important aspects of guaranteeing children's rights in the face of violence in Iran's legal system.

In recent decades, Iran has been one of the most successful countries in rapid population control, but according to experts, it has passed the favorable stage and entered the critical stage. To prevent various social and economic effects of population aging, politicians have decided to increase childbearing. In this regard, The Law on Family Support and Population Rejuvenation was compiled in 2021. In this law, various duties have been determined for different Organizations. This article was compiled with the aim of analyzing the negative effects of this law on the right to health.

The research method in this article is descriptive-analytical and the data is provided using library resources and law articles.

A significant part of the strategies defined in the The Law on Family Support and Population Rejuvenation, such as restricting access to family planning equipment, banning voluntary sterilization, banning education, counseling and recommending screening and making abortion treatment difficult, are related to the Ministry of Health and will be effective on the right to health of society.

Legal restrictions can create risks for the health of individuals and society; Therefore, in order to ensure people's right to health, it is necessary to re-establish reproductive and sexual health services and family planning tools should be made available to everyone.

Bystander intervention means direct or indirect personal intervention that is present but not involved in the crime scene. One of the problems in schools is bullying or bullying. The most important question in this study is to what extent the bullying students intervene in bullying and what factors will influence the rate of intervention.

A total of 256 students in the 7th district of Mashhad were selected by stratified random sampling method and 35 researcher-made questionnaires were used to assess the impact of supervisor intervention on bullying.

Findings of the study showed that only 18.6% of the students observing physical bullying had moderate or high intervention, and the majority of 81.4 did not or did not intervene. In social bullying, more than 84 percent of students did not or did not have intervention, and only about 16 percent of students had high or moderate intervention. Things are a little better at verbal bullying, but here they make up more than 66 percent of the population who did not or did not intervene, and only one-third of the population had high or moderate intervention. Also, psychological factors encouraged moral justifications (80.1), self-satisfaction (80.1), drawing bystander to the victim (79.7), civic duty (78.1) and group membership (75.4) and among the Factors preventing, position ambiguity (96.5), apathy (95.7), diffusion of responsibility (94.9) and the apprehension of community evaluation (93.8).

The results showed that most of the students prefer to have less intervention in bullying, which can be searched for preventing factors of intervention.