نوع مقاله : مقاله پژوهشی
تازه های تحقیق
· سهگانه حق تأمین، حمایت و مشارکت در حقوق کودک، از مهمترین تقسیمبندیهای حوزه حقوق کودک است.
· تحلیل حق حمایت جسمانی از کودک در ساختار حق تأمین و حمایت به صورت توأمان ممکن است.
· علیرغم شباهت فراوان حق حمایتِ حقوق جسمانی از کودک در همه نظامهای حقوقی، حق حمایت حقوق غیرجسمانی، با توجه به ارزشهای هر نظام حقوقی میتواند متفاوت تلقی شود.
عنوان مقاله English
نویسنده English
Introduction
Child rights constitute one of the most dynamic and evolving areas in contemporary international and domestic legal discourse. In recent decades, scholarly efforts have increasingly moved toward a more structured classification of these rights, dividing them into three major categories: the right to provision (right to support), the right to protection, and the right to participation. Among these, the right to protection represents the negative or restrictive dimension of child rights, aimed at preventing interference, harm, or abuse by third parties. Within this framework, protection can itself be further divided into physical and non-physical protection, depending on whether the child’s bodily integrity or psychological and emotional well-being is concerne. The present study focuses primarily on the concept of physical protection rights of children and their specific manifestations in international instruments—particularly the Convention on the Rights of the Child—and in Iranian legal doctrine. The central objective is to provide a systematic conceptualization of the right to protection, distinguish it from the right to provision, and clarify its legal consequences. The study further aims to identify and analyze key manifestations of physical protection rights, including the right to live with parents except in exceptional circumstances, protection against all forms of violence, protection against child trafficking, protection against drug abuse, and protection against torture or inhuman treatment. Another objective is to examine the theoretical and normative implications of distinguishing between rights of provision and rights of protection. While provision rights require positive state action and resource allocation, protection rights are primarily negative in nature and can be ensured through effective legislation and criminalization of harmful conduct. Finally, the study seeks to compare the approaches of international instruments—especially the Convention on the Rights of the Child—with Iranian legal frameworks, identifying both strengths and deficiencies in their treatment of child protection rights.
Methods
This research adopts a descriptive–analytical methodology, grounded in doctrinal legal analysis of both international and domestic legal texts. The primary sources include the Convention on the Rights of the Child and relevant Iranian legal provisions. The study systematically extracts and categorizes legal norms related to child protection by analyzing their textual content and normative structure. Given the textual nature of the sources, the research relies on classification as a foundational methodological tool, whereby child rights are first conceptually divided into distinct categories—provision, protection, and participation—and then further refined into subcategories, particularly physical protection rights. The analytical approach focuses on normative legal propositions, especially those that impose obligations on states or individuals. These duty-imposing provisions are examined to determine the extent and nature of legal protection afforded to children. Unlike purely theoretical or policy-oriented approaches, this study does not attempt to generate new normative rules outside the existing legal texts but rather aims to interpret and systematize existing norms. Comparative legal analysis is also employed to evaluate similarities and differences between the Convention on the Rights of the Child and the Iranian legal system. This enables the identification of conceptual gaps, structural inconsistencies, and areas of convergence or divergence.
Results and Discussions
The findings of the study demonstrate that contemporary child rights discourse increasingly recognizes a tripartite structure consisting of provision, protection, and participation rights. Within this structure, protection rights function as a negative safeguard mechanism designed to prevent harm rather than to create material benefits. This distinction is crucial, as it directly influences the nature of state obligations: provision rights require active intervention and resource allocation, whereas protection rights primarily require legislative prohibition and enforcement mechanisms. The study further reveals that physical protection rights of children can be systematically categorized into several core components. These include the right to live with parents except in exceptional circumstances, protection against all forms of violence, protection against trafficking, protection against illegal drug use, and protection against torture or inhuman punishment. These rights collectively aim to safeguard the child’s bodily integrity and ensure survival, dignity, and security during the formative stages of life. A key finding is that the Convention on the Rights of the Child, while comprehensive in scope, does not explicitly adopt a fully structured theoretical framework of child rights based on the provision–protection–participation model. Instead, it articulates rights in a dispersed and article-based manner. Nevertheless, through interpretive analysis, it is possible to reconstruct such a framework and identify implicit categories of protection rights within the Convention. The comparative analysis shows that Iranian law, although substantively aligned with many principles of the Convention, lacks a systematic and holistic conceptual framework for child rights. Instead, it addresses child-related issues in a fragmented manner across various legal instruments. This absence of macro-level conceptualization results in inconsistencies and interpretive ambiguities in practice. Moreover, the study highlights that some western legal scholarship has increasingly criticized the insufficient implementation of child protection rights, describing children as a marginalized and structurally disadvantaged group. Such critiques emphasize systemic inequalities and call for stronger legal and institutional reforms to address power imbalances between adults and children. Another important finding is the theoretical significance of distinguishing physical from non-physical protection rights. While physical protection rights are relatively universal and consistent across legal systems, non-physical protection rights—related to psychological, emotional, and cognitive well-being—are more context-dependent and influenced by cultural and normative values. This distinction provides a more nuanced understanding of child rights and enhances the analytical precision of legal interpretation. Finally, the study underscores that the absence of a coherent legal framework in Iran for categorizing child rights has led to both progressive developments in certain areas and persistent gaps in others. This fragmented approach limits the effectiveness of legal protection and complicates judicial and legislative interpretation.
Conclusion
In conclusion, the study demonstrates that child rights in contemporary legal systems are best understood through a structured tripartite model consisting of provision, protection, and participation rights. Among these, protection rights—particularly physical protection rights—play a crucial role in safeguarding children from harm and ensuring their fundamental security and dignity. The findings indicate that while international instruments such as the Convention on the Rights of the Child provide a broad normative foundation, they lack a fully systematic classification framework. Iranian law, although substantively engaged with child protection issues, similarly suffers from conceptual fragmentation and the absence of a comprehensive theoretical structure. The study ultimately concludes that a clearer distinction between provision and protection rights, along with a further subdivision of protection into physical and non-physical dimensions, can significantly enhance the coherence and effectiveness of child rights systems. Such a framework not only facilitates better legal interpretation but also supports more consistent legislative and policy development.
کلیدواژهها English
کتاب
مقاله
11. اسکرلج، تانجا و بونجانا ویرجنت، «قاچاق کودکان معضلی برای همه مرزها»، ترجمه مهدی مقیمی، دوفصلنامه مطالعات پلیس زن، شماره 11، 1388، صص 122-105.
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