نوع مقاله : مقاله پژوهشی
1 مدرس دانشگاه، دکتری تخصصی حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد تبریز.
2 دانشجوی کارشناسی ارشد حقوق کیفری اطفال و نوجوانان، دانشکده حقوق، دانشگاه علامه طباطبایی تهران. (نویسنده مسئول)
عنوان مقاله [English]
This study examines the right of children to be heard, which is enshrined in Article 12 of the 1989 Convention on the Rights of the Child, as well as its place in the Iranian criminal proceedings. This right, along with other rights such as non-discrimination, growth, survival, life, highest interests, free access to information and freedom of expression, are recognized as fundamental rights of children. This right was first enshrined in the 1989 Convention on the Rights of the Child and was neglected in international instruments prior to this Convention on the Rights of the Child. Recognizing this right is very useful because children are recognized as active beings and the subject of decisions and their opinions are heard by the competent authorities. With the recognition of this right, the traditional view that children have an independent and dependent personality on adults is modified, and consequently children are given the right to actively participate in decisions. In the domestic laws of our country, this right is mentioned in paragraph 8 of Article 2 of the Executive Regulations of Article 6 of the Law on the Protection of Children and Adolescents of 1399. Since the scope of this right is wide and takes on a special effect at every stage of the criminal proceedings, it must be carefully understood in the regulations to what extent children enjoy this right in the criminal proceedings.