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

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, who play a decisive role in the fate of any country, are very important that necessitate 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 provide a suitable environment for the growth and excellence of children, especially delinquent children. 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. This right is based on humanitarian, religious, and criminalistic principles that require the existence of such a right for delinquent children and has unique effects and results, such as the priority of implementing reform programs instead of punishment for delinquent children and the participation of non-legal institutions in the process of responding to them.

Keywords

Main Subjects

References

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    Thesis

    1. Nik-Parvar, Mass’oud, “The Right to Rehabilitation of Offenders in Domestic Law and International Documents”, Master’s Thesis, Tehran: Allameh Tabatabai University, 2012. (in Persian)
    2. Moghaddasi, Mohammad Bagher, “Populism and Its Manifestations in Iran’s Criminal Policy”, PhD thesis, Tehran: Tarbiat Modarres University, 2011. (in Persian)

    TextBook

    1. Najafi Abrand-Abadi, Ali Hossein, “Lectures on Criminal Policy, an Introduction to Populist Criminal Policy”, Doctoral Course, Criminal Law and Criminology, Tehran: Shahid Beheshti University, Prepared and edited by: Zainab Bagheri-Nejad, first half of 2010-2011, Available at: lawtest.ir. (in Persian)
    2. Najafi Abrand-Abadi, Ali Hossein, “Lectures on Criminology; Rehabilitation of Offenders”, Doctoral Course, Criminal Law and Criminology, Tehran: Tarbiat Modarres University, 2007-2008. (in Persian)

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History

  • Receive Date: 10 April 2022
  • Revise Date: 18 April 2022
  • Accept Date: 30 April 2022

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