Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The right of children to be heard in international instruments and their place in the Iranian criminal proceedings

Document Type : Research Article

Authors
D.r Salar Sadeghi 1
Ali Safar Orangi 2
1 Lecturer, PhD in Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Tabriz Branch.
2 Master student of criminal law for children and adolescents, Faculty of Law, Allameh Tabatabai University of Tehran. (Corresponding Author)
Abstract
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.
Keywords
The right of children to be heard
the right to freedom of expression
the criminal procedure
the Convention on the Rights of the Child
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  • Receive Date 05 January 2022
  • Revise Date 24 January 2022
  • Accept Date 29 January 2022