Differential sentencing of children and adolescents in the notion of "right to rehabilitation"

Document Type : Original Article

Authors

1 Azad unversity

2 دانشگاه آزاد کرمانشاه

3 university

10.29252/jlr.2022.226641.2152

Abstract

The ideological foundations governing the penal system of any country have a direct impact on the formulation of criminal responses and criminal policy in the fight against crime. Children and adolescents as a subject of criminal policy in any society because they play a decisive role in the fate of any country, is very important and necessitates the adoption of defamatory criminal policy in the field of punishment. One of the differential manifestations of the intellectual foundations of responding to the criminal behavior of offenders is the acceptance of the idea of ​​the "right to rehabilitation" instead of the "right to be punished" for children and adolescents. The right to rehabilitation is one of the most prominent human rights; In such a way that a person has these rights from childhood and in all stages of his life, even when he is convicted of a crime. Therefore, all governments and rulers, regardless of the religion of the members of society, while respecting their equal rights in political, economic, social and cultural terms, are committed to providing a suitable environment for the growth and excellence of children, especially children. Provide the offender. One of the fundamental rights of the human family is the right to reform and rehabilitation. The exercise of this right plays an important role in replacing values ​​and norms commensurate with social developments in a collective and widespread way in collective life.

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