نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق خصوصی دانشکده حقوق دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
From among the most recent classifications in the field of children’s rights, these rights may be analytically divided into the right to provision, the right to protection, and the right to participation. The right to protection, in contrast to the right to provision, embodies a negative or prohibitive dimension of children’s rights, aimed at preventing encroachments by others upon such rights. Within this domain, a further distinction may be drawn between physical and non-physical protection. Adopting a descriptive–analytical method and with reference to the texts relating to the Convention on the Rights of the Child, the right to live with one’s parents save in exceptional circumstances, the right to protection against all forms of violence, protection against trafficking, protection against the use of narcotic drugs, and protection against torture may be regarded as instances of the child’s right to physical protection. in the case of the right to provision, there exists a duty to ensure the affirmative realization of the right and the necessary conditions for its fulfillment, whereas in the case of the right to protection, given its negative character, the enactment of secondary rules aimed at safeguarding these rights appears sufficient to achieve the intended purpose. With respect to the right to participation, . The legal system of Iran, with regard to the child’s physical rights, has adopted a differentiated approach in each instance, depending on the subject matter—at times aligning with the logic of provision and at other times with that of protection.
کلیدواژهها [English]
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