Restorative Victimology of Working Children with Focus on Legal Obligations of Welfare Organization

Document Type : Original Article

Authors

1 Ph.D. Candidate of Criminal Law & Criminology, Department of Law, Faculty of Humanities, Islamic Azad University, Saveh Branch, Saveh, Iran

2 Faculty Member, Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Saveh Branch, Saveh, Iran

3 Faculty Member, Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran

Abstract

One of the priorities of victimology is the damages by the children and adolescents' work due to their physiological situation. Among all forms of misuse concerning these sensitive people, the subject of working children, which is the result of inefficient cognitive, economic, and social structures, has received particular attention from the legislator, especially in the nineties. The significant role of working children in the occurrence of antisocial behaviors, benefitting the experiences of the developed countries, through psychological studies has been always the main concern of sociologists and criminologists in recent years. Therefore, the law of support of children and adolescents in 2020, extracted from the supportive functions and for the physical, mental and social development of children, has been ratified and included in the agenda of the executive organizations. In this study, using library and field methods, the effective factors in the creation of unfavorable atmospheres, predisposing offenses for the working children, with focus on the functions of Welfare Organization and submission of solutions resulting, aiming at the realization of the restorative justice. Thus, interactions of the welfare organization, for the identification, acceptance, support, protection, and empowerment of the working children subject to the risky situation, aim at preparation for having a responsible life in a free society, has received attention.  The mission of restoration of working children to normal life necessitates extra-organizational interactions and fulfillment of legal obligations of other responsible institutions in the regulation of Article 6 of the above-mentioned law, which is proposed for future research.Restorative Victimology of Working Children with Focus on Legal Obligations of Welfare Organization 

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Main Subjects


References
Books
Allen, D., Coombes, L., Foxcroft, D. R. “Cultural Accommodation of the Strengthening Families Programme, 10–14: UK Phase I study”, Health Education Research, 22 (4), 2007.
Babaei, Hassan, Rouhollah Norouz-Ali, Mehdi Madihi Tameh, Children’s Rights, Tehran:Insaf, first edition, 2020. (in Persian)
Doek, J. The Rights of the Child in a Changing World: 25 Years after The UN Convention on the Rights of the Child, Springer International Publishing, 2016.
Hashemi, Sayyed Mohammad, Human Rights and Basic Freedoms, Tehran: Mizan, Fourth edition, 2018. (in Persian)
Hoffman D. et al. A Child’s Right, a Safe and Secure World, The United Nations Convention on the Rights of the Child, 1991.
Hosseini-Nik, Sayyed Abbas, The Complete Collection of Criminal Laws and Regulations, Tehran: Majd, 11th edition, 2021. (in Persian)
Kazemi, Sayyed Ali, Revised Collection of International Documents related to the Rights of Children and Adolescents, official newspaper of the Islamic Republic of Iran, first edition, 2017. (in Persian)
Lake, A. The State of the World’s Children: A Fair Chance for Every Child, United Nations Children’s Fund (UNICEF), 2016.
Lanier, M. M. et al. Essential Criminology, Routledge Taylor and Francis Group, Fourth edition, 2014.
Mahdavi, Mahmoud and Sayyed Ali Heydari, Criminology of Children and Adolescents (Development Oriented Criminology), Tehran: Mizan, 2021. (in Persian)
Najafi Abrand-Abadi, Ali Hossein and Hamid Hashem Beigi, Encyclopedia of Criminology, Tehran: Ganj-e-Danesh, fifth edition, 2017. (in Persian)
Ponet, D. A Handbook on Child Participation in Parliament. No 18. UNICEF, 2011.
Rayejian Asli, Mehrdad, Supportive Criminology, Teran: Ddgostar, second edition, 2011. (in Persian)
Riccardo, L. and Stoecklin, D. Children in the Street Situations, first edition, 2020.
Smith P. S. and Gampell L. Children of Imprisoned Parents and Their Human Rights, The Danish Institute for Human Rights, Jes Ellehauge Hansen, 2011.
Taheri, Mohammad Salman, Labor Law in the Current Legal System, Tehran: Iran Zameen Legal Studies and Consulting Institute and Mizan Publications, third edition, 2013. (in Persian)
Articles
Abachi, Maryam, “Prevention of delinquency and victimization of children”, The Judiciarys Law Journal, Volume 68, Issue 47, 2004. (in Persian)
Abdullah N. A. et al. “Psychological Capital Development in Street Children through Education at Child Protection & Welfare Bureau , Lahore”, Journal of Elementary Education, 30 (2), 2020.
Ayieko, J. S. “Improving Noneformal Education for Street Children at Rescue Centre Eldoret”, In Second Regional Research Seminar of UNESCO Forum for Regional Science for Committe Africa, Accra, Ghana, 22nd-24th March 2007.
Azim-Zadeh Ardebili, Faezeh, “The Phenomenon of Street Children and Strategies to Deal with it”, Neday Sadegh Magaine, Issue 31, 2003. (in Persian)
Bah, Y. M. “Drug Abuse among Street Children”, Journal of Clinical Research In HIV AIDS And Prevention, 3 (3), 2016.
Baumrind, D. “Parental Disciplinary Patterns and Social Competence in Children”, Youth & Society, 9 (3), 1978.
Baumrind, D. “Parenting: The Discipline Controversy Revisited”, Family Relations, 45 (4), 1996.
Eghlima, Mostafa, “The Phenomenon of Street Children in Tehran”, Political Economic Information, Issue 239-240, 2007. (in Persian)
Garcia, M. M. et al. “Destructive Sibling Conflict and the Development of Conduct Problems in Young Boys”, Developmental psychology, 36 (1), 2000.
Ghasem-Zadeh, Fatemeh, “Children of Work”, Society Thought Magaine, Issue 7, 1999. (in Persian)
Glenn D. W. “Positive Parents and Negative Peers: Assessing the Nature and Order of Caregiver and Friend Effects in Predicting Early Delinquency”, Youth Violence and Juvenile Justice,18 (1), 2020.
Habib-Zadeh, Mohammad Jafar and Mohammad Bagher Moghadassi Roueen, “An Introduction to Criminal Protection of Child Victims in Iranian Law with a Look at International Documents”, Legal Letter, Issue 1, 2006. (in Persian)
Hedayat, Hedieh and Sayyed Hossein Hashemi, “The Need for Family-Oriented Care of the Victimized Child and the Exceptions to it; A Reflection on Iran's Legal System and Human Legal System”, Journal of Criminal Law Research, Volume 5, Issue 19, 2017. (in Persian)
Hosseini, Sayyed Hassan, “The Situation of Working and Street Children in Iran”, Social Welfare Quarterly, Issue 19, 2006. (in Persian)
Jang-Javi (Kharata), Farzad, Hossein Nasiri and Javad Jami, “An Overview of the Protection of Working Children in Iran’s Legal System and with a Look at International Documents”, work and society magazin, Issue 181, 2015. (in Persian)
Khoda-Khah, Nasim, “Social Support for Working and Street Children”, Children's Rights Quarterly, Volume 1, Issue 1, 2019. (in Persian)
Mahdavi Mazinani, Zahra and Mojtaba Mazinani, “Legal Pathology of Children and Adolescents' Work in Family Businesses”, Family Research Quarterly, Volume 7, Issue 2, 2011. (in Persian)
Mandagar, Sohrab, “Investigation of the Legal Aspect of the Situation of Child Laborers, Street Vendors and Orphans, Studies of Political Science”, Studies of political science, law and jurisprudence, Volume 3, Issue 2/2, 2016. (in Persian)
 Mohseni, Reza Ali, “Street Children's Delinquency and Delinquency and Prevention Methods”, Monthly Journal of Proceeding, Issue 53, 2005. (in Persian)
Ozoh, J. et al. “Child Labour and Violence Among Street Children in Anambra State: Implication on Access to Education”, Journal of Management, Economics, and Industrial Organization, 6 (1), 2022.
Shisheh-Garan, Maryam and Mohammad Ali, Haji Deh-Abadi, “Study of the Cognitive Victimization of Working Children”, Qonun Yar Quarterly, Volume 2, Issue 8, 2018. (in Persian)
Svevo-Cianci K. A., Hart S. N. and Rubinson, C. “Protecting Children from Violence and Maltreatment: A Qualitative Comparative Analysis Assessing the Implementation of U.N. CRC Article 19”, Child Abuse and Neglect, 34, 2010.
Vameghi, Marveh, Homeyera Sajjadi, Hassan Rafie’I and Arash Rashidian, “A Systematic Review of Studies on Street Children in the Last Decade in Iran (Poverty as a Risk Factor for Children becoming Street Children)”, Social Welfare Quarterly, Volume 9, Issue 35, 2009. (in Persian)
Waterson, T. and Goldhagen, J. “Why Children's Right are Central to International Child Health”, Archives of Disease in Childhood, 92 (2), 2007.
Electronic Resources
The National Website for Informing the Country’s Laws and Regulations (Last Visited: 2021/06/27), https://dotic.ir/news/9571 (in Persian)
The Official Website of the Welfare Organization (Last Visited: 2022/02/24), https://www.behzisti.ir/service/services-1/services-2 (in Persian)
Cases
Judgment No. 140068390014490942, dated 2021/12/26, issued by Branch 3 of the Children and Juvenile Court of Shahid Fahmidah Judicial Complex. (in Persian)
Judgment No. 140068390011396540, dated 2022/11/06, issued by Branch 3 of the Children and Juvenile Court of Shahid Fahmidah Judicial Complex. (in Persian)