Volume 3, Issue 10 (Autumn 2009)                   MLJ 2009, 3(10): 143-179 | Back to browse issues page

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Samavati Pirouz A, Abbasi M, Ahanin Jegar H. Parents' Impunity Regarding Inflicting Physical Harm on Children: A Challenge on the Right of Correction in Criminal Law. MLJ 2009; 3 (10) :143-179
URL: http://ijmedicallaw.ir/article-1-459-en.html
Abstract:  

Pondering on Parents' impunity in inflicting physical harm on children, we reach a basic question: What are basically the manifestations and consequences of parent’s use-specially that of father-of such immunity in Iranian criminal law? To answer this basic question, although a right to correction can be considered as a defensable pretext to inflict physical harm on children, Iranian legislator's approaches to adhere to such a base has not been homogenious. It deviated from its implicit or explicit criteria and base in different cases on which juridical and legal implications affect. Hence, Iranian legislator's lack of predicting a district criteria in respect of enacting such criteria which can be broadly interpreted sometimes put children at stake of inflicting dangerous and severe physical harm. It is worth mentioning that Iranian legislator takes some serious measures to fill these gaps and to enact a distinct and clear criminological criterion and to severe punishments. All these will be done alongside preserving childrens' physical health in the framework of family.


Received: 2009/06/10 | Accepted: 2009/09/1

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