Document Type : Original Article
Authors
1 PhD student in criminal law and criminology, Sari Branch, Islamic Azad University, Sari, Iran
2 Associate Professor, Department of Theology, Faculty of Law, Sari Branch, Islamic Azad University, Sari, Iran
3 Assistant Professor, Department of Law, Faculty of Humanities, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran
Abstract
Highlights
The role of the welfare organization in reducing sexual abuse of children in the light of the concept of administrative police
One of the issues that has been the concern of lawyers for a long time is the issue of children's rights. Children are one of the most vulnerable sections of society who cannot defend themselves against injuries. Therefore, it is necessary to prioritize the basic and natural rights of children
The rapid changes in the direction of the international community paying more attention to children's rights and approving more effective documents and mechanisms to support and promote children's rights are significant. The point to ponder about children's rights is the lack of equal ability of children to assert their rights compared to adults
In Iranian law, some government organizations are support organizations, and one of them is the welfare organization, which is responsible for supporting certain groups, including women and children.
Therefore, according to the founding document of the Welfare Organization entitled "Legal Bill on the Establishment of the Welfare Organization" and "Law on the Protection of Children and Adolescents", duties and responsibilities have been assigned to the Welfare Organization, which shows that this organization in The administrative police officer has the right to intervene in matters related to children. The main question that this research seeks to answer is the investigation of the role of the welfare organization as a government organization in reducing sexual abuse of children. The results of this research show that if this organization performs the correct duties as an administrative police, the victimization of children, especially in the field of sexual crimes, will decrease dramatically. The research method in this study is descriptive-analytical, and the library method was used to collect the sources
Currently, in the welfare of this title, it is a foreign word. So that there is no sign of this in the organization's organization and in the title of deputy and job descriptions. The reason for this is not negligence or ignoring this spectrum of society. Rather, the organization consciously and deliberately took such an action and uses the title "socially damaged" to avoid labeling this spectrum. Now, a socially injured person is a person whose behavior contradicts social norms due to severe economic and social pressures and psychological problems or lack of life skills, weakness in using coping methods and the like, according to competent authorities. and has left the right path of life.
In 2013, according to the Law on the Structure of the Ministry of Welfare and Social Security, this organization, along with the Social Security Organization and the Medical Services Insurance Organization, was separated from the Ministry of Health, Treatment and Medical Education and was merged into the Ministry of Cooperation, Labor and Social Welfare.
According to the tasks prescribed for the country's welfare organization in the legal bill for the establishment of this organization approved by the Revolutionary Council and the law on the protection of children and adolescents approved on 3/22/1399, the welfare organization can be recognized as a general administrative police.
Public administrative police refers to the set of actions and measures that are responsible for fulfilling the traditional goals of the government in maintaining public order within the framework of laws and regulations. From this point of view, general administrative police officials are also referred to all government and local officials under the supervision of the executive branch, from simple employees to the president, who perform police activities to protect public order.
Article 44 of the Law on the Policy, Principles and Programs of the Broadcasting Organization of the Islamic Republic of Iran, approved on 17 September 1361, also defines one of the missions of broadcasting as "public education to familiarize people with individual and social rights, the constitution, and civil and criminal laws." the country" has announced. Therefore, the judicial branch, which according to article 156 of the constitution is obliged to "take appropriate action to prevent the occurrence of crime and reform criminals", in line with the positive policies of radio and television, as well as the press and other media, should use this capacity. use legal
Human trafficking is a widespread global phenomenon, and perhaps the most basic step towards understanding and collecting information in this regard is the definition of human trafficking. In paragraph 3 of Article 1 of the East Asian Union for Regional Cooperation (SARS) Convention on "Preventing and Combating Trafficking in Women and Children for the Purpose of Prostitution" approved in 2002, a definition is provided that is more in line with the nature of child sex trafficking: "Transfer and purchase" and the sale of women and children inside and outside countries for exploitation using money or other advantages, whether with or without the consent of the person." Thus, the SARS Convention prohibits the transfer and sale of women and children inside countries. He also knows about cases of human trafficking
According to Clause B, Article 6 of the Law on the Protection of Children and Adolescents, "the police force, through the Special Police for Children and Adolescents, is obliged: to identify children and adolescents in a dangerous situation in the cases of referring or introducing them to the police force or facing While performing their duties or complaining about them, as the case may be, they should be introduced to the country's welfare organization or the judicial authorities and provide the necessary support based on this law or other related laws. And also "report dangerous situations and crimes against children and youth victims to the competent authorities and the country's welfare organization as the case may be." Therefore, the role of the welfare organization is to support children who are in a risky situation to take the necessary preventive measures.
Based on this, behaviors that disrupt public morality include behaviors that endanger the institutionalized moral values of society. Although public morality and public modesty are sometimes considered in the same sense, it should be noted that public modesty has a more limited scope than public morality and often includes issues related to sexual issues and honor, which hurt the public conscience. while public ethics has a much wider scope and includes issues such as the implementation of obligations, justice, fairness, etc.
Iran's legislator has tried to protect children against illegal marriage, and of course, this criminalization is only for female children. Article 646 of the Islamic Penal Code stipulates as a legal element of the above crime: "Marriage before puberty is prohibited without the permission of the guardian." If a man marries a girl who has not reached puberty against the provisions of Article 1041 of the Civil Code and the note below, he will be sentenced to imprisonment from six months to two years.
With a brief look at the human rights documents related to the child, we find that the international documents have enumerated and guaranteed the rights of the child with very beautiful and ideal words and phrases, and if it cannot be said that they have protected all the rights of the child. , but it can be acknowledged that such documents and above all the Convention on the Rights of the Child have created a situation where a child is no longer considered a small adult, but every child has inalienable rights.
Applying the measures prescribed in the criminal law is in the second stage, and in the first stage, attention should be paid to the preventive measures and moral measures that are carried out by the administrative police authorities. As a government support organization, the country's welfare organization is in charge of supporting special and vulnerable groups, and one of the target groups is children and adolescents who are at risk of harm. Therefore, the actions of the welfare organization can be applied in a wide range from education to prevention as well as support approaches
After the criminalization of harmful behaviors towards children and adolescents, the application of guarantees and severe criminal executions, both in terms of type and amount, are among the most effective measures in the framework of criminal policy for the perpetrators of crimes against children. Along with criminalization and sentencing as one of the legal components in order to protect the child and to compensate for the damages caused to him, it is also necessary to foresee the compensation mechanism for the effects of victimization. Therefore, the scope of the compensation mechanism is comprehensive and diverse, the harm caused in child sexual slavery will be reduced and some of the damages will be compensated. Therefore, it is necessary that the lawmaker by establishing mechanisms in the first stage, the process of discovering the crime and notifying the system Criminal justice should facilitate the occurrence of crimes against children, so that the children who have been victimized can enter the trial process, and in the next steps, by providing special laws, they will not only prevent children from becoming more vulnerable in the criminal process, but also by speeding up the proceedings. and differential support in order to prevent and reduce the exploitation of children and to repair the damages caused to these special victims.
Keywords
Main Subjects
)