Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Genealogy of child rights in Iran from Qajar to contemporary towards the rights of native Iranian children

Document Type : Research Article

Author
D.r Maryam Shaban
PhD in Sociology of Social Issues, Faculty of Social Sciences, University of Tehran. (Corresponding Author)
Abstract
In the present study, we seek to analyze the rights of Iranian children throughout history. In this regard, because of the evolution, Foucault's genealogical principles are the theoretical and methodological basis of research. Findings show that with the presence of foreigners (Puchtalions) in Iran in the early Qajar period, the concept of child and childhood appeared in the social and cultural environment of Iranian society. In the society of that time, the outbreak of diseases led to the creation of the first legal materials for children, which was based on the need to protect the health of children and its executive guarantee. Then, social and cultural developments such as society's attention to development and modernity led to the importance of the child as a potential force for development and future. Thus, various aspects of children's lives gradually became the subject of the emergence of children's legal foundations. In contemporary times, in addition to the fact that natural events were the basis for the emergence of children's rights; Events that were also the basis or consequence of human action became the basis for the definition of the rights of the child. Evidence shows that today, increasing natural harms such as pandemics (such as coronary heart disease), environmental pollution, etc., along with increasing harms caused by human function such as rape, human trafficking, child trafficking, births With ignorant and abnormal parents, the process of emerging new legal principles and materials for children is increasing. Therefore, the rights of the child are dynamic in the international arena and in the Iranian society.
Keywords
Child rights
Iranian children
history of child rights
care
vulnerability
1- Laghyan, Mansoura, (1361), manifestos and constitutions of political parties in the second term of the Majlis, first edition, Tehran, Tarikh Iran Publishing House.
2- Iqbal Ashtiani, Abbas, (2012), Mirza Taghi Khan Amir Kabir, Tehran, Negah Publishing House.
3- Publications of Shahbano Special Office, Tehran, 1354.
4- Adamit, Fereydoun, (1349), Mirza Fethali Akhundzadeh's Thoughts, Tehran, Kharazmi Publishing House.
5- Admit, Fereydoun, (2014), Amir Kabir and Iran, 4th edition, Tehran, Khwarazmi Publishing House.
6- Artida, Taybeh, Taghizadeh, Marzieh, (2012), Rights of Children and Adolescents in the Islamic Republic of Iran: Collection of Laws and Regulations until the end of 2012, First Edition, Volume 1, Tehran, UNICEF Publishing.
7- Archives related to information newspaper; Tarbiat newspaper; Shokoofeh newspaper, women's language newspaper; Iran newspaper; Vaqai-e-Tamagiyeh newspaper, Al-Jamal newspaper, Iran Soltani publication, Kaveh newspaper, Amoozgar newspaper, Baldiyeh magazine, Manhaad-e-Zindeh magazine, Kokeb Dari newspaper, Alam Nesvan newspaper.
8- Afari, Janet, (1377), Women's Semi-Secret Associations in the Constitutional Movement, translated by Dr. Javad Yousefian, Tehran, Banu Publishing House.
9- Beyzade Arouq, Safar, (2015), the collection of laws of Saba including: the constitution, the civil law, the laws of the lessor and the lessee, the law of trade... along with the opinions of the Supreme Court of the country, the opinions of the Guardian Council... Tehran, Kalk Saba publication.
10- Pazargad, Bahauddin, (1314), what is a prelude, Bija, central library.
11- Pollack, Jacob Edward, (1368), Pollack's travel book: Iran and Iranians, translated by Kikavos Jahandari, second edition, Tehran, Kharazmi Publishing Company.
12- The approval letter of the Islamic Council, (2016), replacing the fundamental transformation of education document instead of the 2030 education action plan document, Kabah No. 42685/T 52913 H.
13- Chet, Jan, (1377), fifty great contemporary thinkers from structuralism to postmodernism, translated by Mohsen Hakimi, Tehran, Khojasteh Publishing.
14- Secretariat of the National Authority of the Convention on the Rights of the Child, (2016).
15- The treatises of Mirza Malkam Khan Nazem al-Dawlah, (1388), compilation and preliminaries of Hojjatullah Asil, second edition, Tehran, Ni publication.
16- Constitutional treatises (Constitution according to the narrative of proponents and opponents), (1378), correction and revision by Gholam Hossein Zargarinejad, first edition, volume 2, Tehran, published by Human Sciences Research and Development Institute.
17- Rausti, Mohsen, (2012), History of medicine and medicine in Iran: from the Qajar era to the end of Reza Shah's era according to the documents, Tehran, published by the Organization of Documents and the National Library of Iran.
18- Organization of Records and National Library of the Islamic Republic of Iran, Deputy Director of Records, document number 2930006801, archive location: 824 AH, 4 BA 1: second sheet.
19- Saeed Nia, Mohammad Reza, (2006), Collection of Laws and Regulations for Children and Adolescents, Tehran, Legal Publications.
20- Shaaban, Maryam, (2019), Sociology of childhood in Iran, doctoral dissertation under the guidance of Dr. Taghi Azad Aramaki, Faculty of Social Sciences, University of Tehran.
21- Sanetizadeh Kermani, Abdul Hossein, (2015), A Time That Passed, Kerman, Kermanology Publication.
22- Zimran, Mohammad, (1381), Michel Foucault: Knowledge and Power, Tehran, Hermes Publishing.
23- Talebov; Abdur Rahim bin Abu Talib, (1319), Ahmed's book (Safina Talebi), Islambul, Khursheed square publication, Gam publications offset in 1336.
24- Abbasi, Mahmoud, Shaaban, Maryam, Mirabi, Parisa, (1400), an introduction to Iranian children's rights: children's rights in domestic, international and Islamic world laws in the contemporary era, Tehran, Bina.
25- Flore, Willem, (1371), Industrialization of Iran and Sheikh Ahmad Madani's Rebellion, translated by Abul Qasim Seri, first edition, Tehran, Tos Publishing.
26- Flor, Willem, (2016), Health of the people in Qajar Iran, translated by Dr. Iraj Nabipour, Bushehr, published by the Persian Gulf Health Research Center.
27- Foran, Jan, (1377), Fragile Resistance: The History of Iran's Social Developments from 1550 according to 879 AD to the Revolution, translated by Ahmed Tedin, Tehran, Rasa Publishing House.
28- Foucault, Michel, (1374), truth and power, translated by Babak Ahmadi, Tehran, Nash Karzan.
29- Child and Adolescent Protection Law, (1381), Islamic Council.
30- The law prohibiting buying and selling of slaves in Iran and liberating slaves upon entering the country, approved on February 18, 1307, Archives of the Research Center of the Islamic Council.
31- Qazvini, Mohammad Shafi, (1370), Qazvini Law, with the efforts of Iraj Afshar, Tehran, Talaiye Publishing House.
32- Reports on the political and social situation of Ahed Naseri Provinces, (1372), by the efforts of Mohammad Reza Abbasi and Parviz Badiei, Tehran, Sanad Research Center Publications.
33- Ladieh, Marie, (2003), Population and Politics in Iran from the Sultanate to the Islamic Republic, anonymous translation, edited by Taghi Tam, published by the French National Institute of Demographic Studies.
34- Child and Adolescent Rights Protection Bill, (2017), Islamic Council.
35- Malekzadeh, Elham, (2012), welfare and health charitable institutions during the period of Reza Shah, Tehran, Tarikh Iran publication.
36- Nobahar, Vahid, Jalali, Farzad, Vaez Tabasi, Mohammad, (1382), an introduction to children's rights, first edition, Mashhad, published by Astan Quds Razavi Islamic Education Foundation.
37- Seventy years of UNICEF with Iran, (2018), Tehran, UNICEF publication.
38- Yaqoubi Joibari, Fatemeh, Shabani, Mohammad Hossein, Miramdi, Seyyed Ibrahim, (2018), Studying the effects and status of child marriage in Imamiyyah jurisprudence and Iranian law, Journal of Research in Arts and Humanities, No. 15.
39- Bryant, Terry, (2007), History's Greatest War (1st ed.). Chandni Chowk, Delhi: Global Media.
40- Hoger Khdhir, Ahmad, (2016), Children Rights: A comparative study between international law and Islamic law, Near East University, Nicosia.
41- Mayall, Berry, (2013), A History of the Sociology of Childhood, Institute of Education Press, London.
42- Misag, Parsa, (1979), States, ideologies, and social revolutions: a comparative analysis of Iran, Nicaragua, and the Philippines. Cambridge University Press, 2000, p.68. Graham, Robert. Iran, the illusion of power, Taylor & Francis, 1

  • Receive Date 09 January 2022
  • Revise Date 13 January 2022
  • Accept Date 29 January 2022