The Spirit of Child Rights; A Look at the Goals of Child Rights in a Comparative Approach
Subject Areas : child rights
Salman Konani
1
(Assistant Professor of Criminal Law and Criminology, South Tehran Branch, Islamic Azad University, Tehran, Iran)
Keywords: Child Right, Basis, Goals, Convention on the Right of the Child,
Abstract :
Answering to this question of what is the purpose of creating children rights, first of all steps requires knowledge of the basis of children rights. Understanding this rules also requires constructing the goals of children rights in the social societies. Because of this reason, there is a certain connection between the rules and goals of the children legal regime. Understanding of this rules and goals help to gain a more accurate awareness in regard philosophy and legal functions of children rights in society, and this act helps the public and criminal legislative to legislate more favourable child protection rules. There is no national or global consensus on the goals of children rights. There are different goals for this legal system that are not necessarily compatible. This study tries to identify the goals of children rights by descriptive- analytical method, and in this direction, a brief look at the approach of international documents and standards, as well as the Iranian legal system especially the law on the protection of children. The results show that the protection of the best interest of children is the most important basis of children right and eternalizing the right to have right for children and empowering families and paving the way for their material and spiritual development are among the most important specific goals of this legal system.
1. Goldstein J, Solnit AJ, Goldstein S, Freud A. The best interests of the child: The least detrimental alternative. Simon and Schuster; 1996.
2. Feyzoleslam Isfahani AN. [Translation of Nahjolbalaghah]. Tehran: Feyzoleslam Publication; 2001.
3. Grietens H, editor. In the best interests of children and youth: international perspectives. Leuven University Press; 2005.
4. Hoseyni Ameli SMJ. Meftahol Keramah. Vol.5. Tehran: Islamic Publishing Institute; 2013.
5. AlKaraki Alameli AH. Jameolmaghased. Vol.5. Qom: Alolbeyt; 1993.
6. Committee on the Rights of the Child. The Committee General Comment, No.13 (2013).
7. Harvey M. Child Welfare Case Scenarios: What is in the Best Interest of the Child. Tulsa: Yorkshire publishing; 2017.
8. James A, Jenks C, Prout A. Theorizing childhood. First edition. Cambridge: Polity press; 1998.
9. Kohm LM. A Brief Assessment of the 25-Year Effect of the Convention on the Rights of the Child. Cardozo Journal of International and Comparative Law. 2015; 23(2):323.
10. Butler C, editor. Child rights: The movement, international law, and opposition. Indiana: Purdue University Press; 2012.
11. Newell p, Hodgking R. Implementation Handbook for the Convention on the Rights of the child. First edition. Unicef Press; 2007.
12. Todres J, King SM, editors. The Oxford Handbook of Children's Rights Law. Oxford University Press; 2020.
13. Hannah A. The Rights of Man: What are they?. Modern Review. 1949; 3(1): 24-36.
14. Covell K, Brian RH. Children, Families, and Violence: Challenges for Childrens rights. London and Philadelphia: Kingsley publishers; 2009.
15. Eriksen FA, Hansen B.E. Human Rights in Child Protection. Oslo: Macmillan publication; 2018.
