مجله حقوق کودک
پیاپی 16 (زمستان 1401)

After the reduction of the pandemic and the Reestablishment of in-person education, now the increase in air pollution has once again challenged in-person Learning in the country. Before this, the superiority of in-person education over pure virtual training has been determined in studies and reviews. However, the decision on in-person education in the conditions of pollution, despite the provision of the right to education, has resulted in the violation of the right to the health of children, and provokes conflict between rights and so differences in approaches. This research will be done with the aim of finding solutions to solve this national dilemma.

This research is carried out in a descriptive-analytical way using library sources and scientific reports.

Acknowledging that the right to health is considered one of the fundamental rights of children and prior to the right to education, it is necessary to avoid unilateral decisions and by forming a scientific working group as the advisory arm of the emergency committee or directly as a consulting party of the President, including representatives of the Ministry of Health and Medical Education, Ministry of Education and Department of Environment and the special envoy of the president who is a child rights specialist, in order to determine actual and potential harms and threats caused by exposure to pollution for students in balance with the effects of deprivation from in-person Learning and also considering the environmental facilities, conditions of schools and the capacity of online education, along with monitoring the views of children and parents especially through parents and students councils, take logical decisions based on scientific data in this field.  

The approach of Blended Semi-Presential Learning with a codified and coherent program whose favorable effects on the improvement of the education situation along with reducing the costs and risks of in-person education are obvious, will be a solution to reconcile the right to education and the right to the health for children of Iran.

Protecting children is a moral consideration and a legal obligation. This study aimed to provide an operational model for the integration of child and adolescent health care programs in child rights clinics (CRCs).

In this qualitative study, a targeted search for laws and texts related to child/adolescent rights in domestic websites was conducted, using keywords including child/adolescent rights, child/adolescent friendly, or child/adolescent health. After reviewing the related laws and literature of child/adolescent friendly centers, the challenges faced by these centers were determined and the operational model was presented.

A review of the literature shows the establishment of child and adolescent friendly centers and also adolescent health clubs by the Ministry of Health and Medical education with the support of international organizations since 2005, as well as CRCs by the scientific association and national authority of the Children's Rights Convention of the Ministry of Justice since 2015, in Iran. However, the activity of these centers has been stopped due to the cessation of international organizations support and the lack of strategies of inter-sectoral cooperation and community participation. Despite the government's position in protecting children and adolescents in accordance with the mainstream laws and documents and the continuation of the activities of CRCs based on Article 50 of the Executive Regulations of Article 6 of the Law on the Protection of Children and Adolescents, issues such as the lack of budget allocation and the need for free legal services , the lack of monitoring and accreditation unit, as well as the lack of a link between these clinics and healthcare centers for at-risk children and adolescents, are among the challenges facing these centers. Therefore, integrating healthcare programs for at-risk children and adolescents in the CRCs and providing them with counseling and legal assistance services can be an innovative and preventive solution to ensure their health and well-being.

Considering the suspension of the activity of children and adolescents health centers and clubs, and establishment of the approved structure of CRCs, the management of the challenges facing these clinics and the determination of cases of referrals and services that can be provided be them are recommended by the Supreme Council of Health and Food Security with the participation of representatives of partner organizations.

The realization of judicial justice is one of the issues of children's rights in conflict with the law, which is in line with fair behavior and performance with emphasis on the best interests of the child, which includes supporting the right to a fair trial and the right to participate effectively in the proceedings.However, the Convention on the Rights of the Child recognizes the right to respect for children accused or guilty of violating the law and the necessary legal measures in actions without recourse to judicial proceedings and actions within the framework of judicial proceedings to support them to compromise with society and take responsibility It has predicted a constructive role. The current research examines the issue of criminal justice for delinquent children and juveniles with descriptive and analytical methods and by using library studies of the laws of the Children's Convention and the theories of the Committee on the Rights of the Child. As a result, government policies in the judicial justice system should be managed according to the standards of the convention, considering the constructive role of children in society and their best interests.

The present research intends to study the chils rights Convention and the theories of the Committee on the Rights of the Child in the issue of criminal justice for delinquent children and juveniles by using the descriptive and analytical method and using library studies.

The findings indicate that the standards of human rights have stipulated that delinquent children should be dealt with in a separate platform and subject to criminal justice responses. Therefore, the conclusion of these human rights doctrines in the scope of criminal justice is that criminal policy makers "individualize criminal justice responses" identify as a comprehensive/general principle of criminal law.

In the light of the application of criminal considerations for delinquent children and teenagers, government policies in the judicial justice system should be managed according to the standards of the convention, considering the constructive role of children in society and their best interests.

Criminal policy, which is a set of responses of the society in specific mechanisms to the criminal phenomenon and its control and containment, pursues its goals with development oriented responses in terms of the rights of the victim, the criminal and the society.

By collecting information from library resources in a descriptive-analytical method, the research has been presented with an applied purpose.

The differential criminal policy of children with an emphasis on children's rights has a gentle approach based on welfare and expediency with educational goals. The difference of children requires more support and covering the vulnerabilities of puberty, in order to prevent their social breakdown. Every criminal policy is based on principles that predict the scope, criteria and quality of possible reactions against criminals. The principles of children's criminal policy explain the values and ideal concepts of the society in facing the dangerous situation of children and the regulation of the child-centered criminal justice system with regard to the human rights and citizenship of children.

By studying and examining children's rights documents, we found 60 principles of children's criminal policy, which shows that it is differential. The principles of children's criminal policy are an expression of society's sensitivity towards children, which leads to the initiative of the criminal policy apparatus and the necessary coordination in the legislative, judicial and executive fields. Knowing these principles in the best possible way to adopt a protective and restorative approach to the dangerous situation of the child will help child justice activists.

The present study tries to explain and investigate the cyber pornography of children with emphasis on the Law on the Protection of Children and Adolescents approved in 2019.

The type of research in this research will be theoretical and based on the analytical-descriptive method based on accepted legal principles. The data required for the current research were collected through the library method.

In most countries and legal systems with a protective view, cyber pornography of children has been considered as a criminal behavior and is considered as one of the examples of computer crimes against children, which is usually accompanied by severe punishment. The special features of cyber space such as: ease of access, convenient, fast and low-cost distribution along with security and concealment of the nature of the criminal, have made this space a special environment for committing this crime. Before the adoption of the Law on the Protection of Children and Adolescents in 2019, pornography was not defined in Iranian law, but it was recognized as a crime against chastity and public morals, which the criminal lawmaker has regulations about in the computer crimes chapter of the punishment section of the Penal Code. Islam had established The Law on the Protection of Children and Adolescents approved in 2019 defines this concept; According to Clause D of Article 1 of this law, pornography is: the preparation and production of any work whose content expresses the sexual attraction of a child or teenager, such as nudity, intercourse, sexual acts or sexual organs.

With all the progress of the law on the protection of children and adolescents approved in 2019, this law is not comprehensive regarding the punishment of the perpetrators of crimes against children, especially new crimes such as child cyber pornography, and sometimes there is a need to refer to other laws in this regard. Among them, the law on computer crimes and the law on how to punish people who engage in unauthorized activities in audiovisual matters can be seen.

Paying attention to the interests of children and teenagers in formulating an efficient criminal policy is an important part of rationalization and transformation of the legal system in interaction with science and paralegal institutions that are effective in the efficiency of the criminal policy system. Adopting a differential criminal policy towards children and teenagers, in the areas of preventing their delinquency and victimization, requires legislative change in the first step.

The current research is of a qualitative type and the research method is document analysis with a critical approach to two approved laws in the field of family law.

Iran's legislative criminal policy in protecting children against delinquency and victimization suffers from goal-based, structure-oriented and function-oriented inadequacies. The two laws criticized in this article have problems in the three mentioned levels.

Iran's criminal policy maker, with the approval of the "Law on the Protection of Children and Adolescents" and the "Law on the Protection of the Family and Youth of the Population" in recent years, despite advancing the strategy of differential protection of children, according to the present article, has suffered from inadequacies in the prevention, criminalization, prosecution and punishment of crimes related to children and adolescents. Violation of some rules of criminal liability, lack of attention to the types of prevention and the capacity of actors in charge of each type, failure to respect the hierarchy and separation of powers, orders contrary to social norms and scientific data are some of the challenges raised in this research. The effects of this challenge are discussed, explained and criticized in the articles of the laws. This article, by descriptive analytical method and collecting printed and electronic sources, in the field of protective criminal policy and critical legal criminology, proposes necessary amendments to the two aforementioned laws and a related law.