نقش نهادهای دولتی در پیشگیری از کودک‌آزاری خانگی؛ مطالعه تطبیقی حقوق ایران و انگلستان

نوع مقاله : مقاله پژوهشی

نویسنده

• فردین شقاقی

دانشجوی کارشناسی ارشد، گروه حقوق کیفری و جرم‌شناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.

چکیده

کلیدواژه‌ها

• کودک
• قانون حمایت از اطفال و نوجوانان
• کودک آزاری
• پیشگیری از کودک آزاری
• خشونت خانگی علیه کودکان

موضوعات

• فقه و حقوق

عنوان مقاله [English]

The Role of Government Institutions in Preventing Domestic Child Abuse; A Comparative Study of Iranian and English Law

نویسنده [English]

• Fardin Shaghaghi

کلیدواژه‌ها [English]

• child
• child and adolescent protection law
• child abuse
• child abuse prevention
• domestic violence against children

چکیده تفصیلی

Introduction

Childhood is the most sensitive and fundamental stage of human life, in which physical, mental and social health is formed and the foundation of an individual's personality is laid. Domestic child abuse is one of the serious challenges of human societies, which has destructive effects on the individual and social development of children and is considered a threat to public health and has widespread psychological, social and criminal consequences. The international community has sought to confront this phenomenon by developing international documents such as the Convention on the Rights of the Child, and governments through domestic legal systems. Since the family is the most fundamental platform for social education, political and legal systems have a duty to prevent the occurrence of child abuse through government institutions and effective policy-making. Preventing child abuse is not only a criminal response, but also includes a combination of legal, social, cultural, educational and psychological interventions. The role of government institutions in this regard is very prominent due to their ability to use legal powers and executive capacities. Iran has tried to strengthen its support mechanisms by enacting the Child and Adolescent Protection Act, but it still faces numerous challenges in the implementation and monitoring stages. In contrast, England has presented an advanced model of preventive criminal policy towards children by enacting the Domestic Abuse Act (2021) and utilizing specialized institutions such as the Domestic Abuse Commissioner. The existence of independent supervisory institutions and a focus on multi-layered preventive measures have made England a successful model. Studies such as Sabouripour and Haghbin (2023) have considered the prevention of child abuse to require comprehensive support from the government and the private sector. Nobahari (2020) also analyzed the role of parents in training and preventing harmful behaviors and emphasizes that effective implementation of the law requires training and inter-institutional coordination (Taghizadeh Zanoughi, 2020). In the study by Taj Amir et al. (2021), the role of various institutions in preventing child victimization was also examined and the importance of social services, police, and judicial services was emphasized. In addition, internationally, Harwin and Barlow (2022) and Blackburn and Grassa (2020) have pointed out the role of courts and non-criminal means in protecting children in England.

The present study aimed to investigate the role of government institutions in preventing domestic child abuse and to conduct a comparative analysis of the support systems in Iran and England. The main purpose of this research is to assess the effectiveness of Iranian government institutions (judiciary, the Welfare Organization, law enforcement, and national media) in preventing child abuse and to compare it with corresponding institutions in England in order to identify the strengths and weaknesses of each system and provide suggestions for improving the situation in Iran.

Method

The present research is of a fundamental-applied type, conducted using an analytical-documentary method. Data collection was carried out through the study of laws, regulations, official documents, and domestic and foreign scientific sources, and data analysis was conducted with a comparative approach between the legal systems of Iran and England. In the first step, the theoretical and legal concepts of child abuse, children at risk, and types of domestic abuse in the two countries of Iran and England were examined. Then, the position of the main institutions responsible for the prevention and protection of children in the legal and executive structure of the two countries was analyzed. The main sources of the research included the Iranian Child and Adolescent Protection Act (2020), the Executive Regulations of Article 6 of the same law, the Law on the Structure of the Comprehensive Welfare and Social Security System of Iran (2004), and the Statute of the Iranian Broadcasting Corporation (1983) in Iran, as well as the Domestic Abuse Act (2021), the Children and Adolescents Act (1933), the Communications Act (2003), and the Sexual Offences Act (2003) in England. The comparative analysis was conducted based on three key indicators: the scope and quality of the legal powers of the support institutions; guaranteeing implementation and monitoring the performance of institutions; and the level of coordination between different institutions in the prevention process.

Results

The results of the study show that although Iran has taken important steps to systematize child protection by enacting the Child and Adolescent Protection Act, the effective implementation of this law faces structural, institutional, and cultural obstacles. Weakness in monitoring and enforcement, fragmentation of duties among institutions, and the lack of a single coordinating authority are among the most important challenges. In the Iranian judiciary, the establishment of a Child and Adolescent Protection Office at the provincial level is one of the important innovations of the 2020 law, but the lack of an independent structure in all counties and its dependence on the decisions of senior judicial officials have led to judicial protection being more reactive than preventive. In contrast, English courts have provided immediate and active intervention in the prevention of child abuse by using tools such as domestic abuse protection orders, restraining orders, residence protection orders, and even sex offenders' residence disclosure orders. These orders are issued without the need to initiate criminal prosecution and are solely for the purpose of prevention and protection of the child, and in case of violation, they have heavy enforcement guarantees.

The Iranian Welfare Organization has extensive duties to identify, support, care for and empower children at risk. However, limited authority, lack of specialist staff, dependence on judicial authorizations and weak supervision of care centers are serious challenges for this institution. In England, an institution called the Domestic Abuse Commissioner, with complete independence from the executive branch, is responsible for monitoring, evaluating and holding institutions accountable. With access to national data and close cooperation with local authorities, this institution submits periodic reports to the government and can propose binding corrective action in the event of institutional failure. Such a position does not exist in Iran and weakens the enforcement guarantee of protective activities. In the field of police and prevention, steps have been taken in Iran to establish a special police force for children and adolescents, but the activities of this police force are mainly focused on identifying and referring children at risk to support institutions and do not benefit from preventive powers such as issuing warnings or restraining orders. In contrast, in England, the police can issue a "domestic abuse protection notice", which is immediately enforced and prohibits the perpetrator from being present at the scene or contacting the victim. This action, while providing the victim with a chance to calm down, also facilitates the possibility of rapid court intervention.

In the media sector, the Iranian Broadcasting Corporation is required by law to educate the public and produce awareness-raising programs in the field of children's rights. However, the lack of a monitoring mechanism and legal obligation has meant that the role of the media in prevention is more of a recommendation. In England, the Communications Act (2003) explicitly requires the media to observe ethical principles, social education, and combating domestic violence, and a regulatory body oversees its implementation. As a result, the media in the English legal system is considered part of the national prevention system, not just a cultural tool. From a structural and conceptual perspective, the Iranian Child and Adolescent Protection Act focuses more on the physical and direct behavior of parents in defining child abuse and does not explicitly include things like psychological, economic or controlling abuse. While the English Domestic Abuse Act has a broader definition and even considers children who witness violence as victims. This difference reflects Iran's more limited approach to identifying instances of abuse.

Overall, the findings indicate that in Iran the prevention system is still reactive, centralized and state-oriented; while in England the prevention system is multi-level, participatory and proactive. In Iran, the prevention process is mostly carried out through intervention after the abuse has occurred (child leaving home, referral to the Welfare Organization), but in England the main focus is on preventing repetition and the first occurrence of abuse.

Conclusions

The results of this study showed that the Iranian legal system needs structural and conceptual reforms to effectively prevent domestic child abuse. First, the legal definition of child abuse should be expanded to include psychological, economic, and control types. Second, the establishment of an independent institution similar to the "Domestic Abuse Commissioner" is essential to monitor the performance of institutions and coordinate interdepartmental efforts. Third, the scope of judges' authority in issuing non-criminal support orders should be increased so that judicial support can be transformed from a reactive to a proactive and deterrent approach. Fourth, the Welfare Organization needs institutional restructuring with a focus on monitoring, training of workers, and social empowerment of families. Also, the police should have more preventive powers and their officers should receive specialized training in the field of child abuse. Finally, the public media, with legal supervision and specific legal requirements, should play a more active role in the process of raising awareness and changing social attitudes.

This study concludes that the English model, with its emphasis on independent monitoring, multi-level reporting, and interaction between government and civil society institutions, can be a suitable model for reforming Iran's criminal policy in the field of child abuse prevention. If such a model is implemented, it will be possible to transition from a reactive criminal policy to a preventive and supportive criminal policy.

Author Contributions

All authors participated equally in the design of the study, writing the article, and editing the final versions.

Data Availability Statement

Data available on request from the authors.

Acknowledgements

The authors would like to thank all those who provided scientific support in writing the article.

Ethical Considerations

Cases such as falsification of data, distortion of results, plagiarism, and any other unethical behavior have been strictly avoided in this study.

Funding

This study was conducted without receiving any financial support from government, commercial, or non-profit organizations.

Conflict of Interest

The authors declare that there are no conflicts of interest in connection with this study. In other words, there were no financial or personal interests that could affect the results of the study.