2
Researcher of the International Law and Human Rights Department of the Judiciary Research Institute, Tehran, Iran.
10.22106/jcr.2024.1988906.1442
Abstract
The Ratification of the Convention on the Rights of the Child by the UN General Assembly in 1989 as the first binding document in this field indicates the importance of the issue of children's rights.In Iran, this convention, through a single article with a Reservation, was Ratificated by the parliament and approved by the Guardian Council in 1372 and became effective for the Islamic Republic of Iran in 1373.On the other hand, due to the fact that Article 9 of the Civil Code considers international treaties as law,Iranian judges can refer to treaties such as the Convention on the Rights of the Child in their judgments .The growing trend of citing such documents in recent years is promising and indicates the increasing use of international law in domestic courts, which promises a different and new atmosphere. However, citing international human rights documents in domestic courts requires special attention to frameworks and considerations, which,if neglected,can reduce the validity of the vote and cause problems.In this regard, the basic question of the present article is, what harm does the reference to the International Convention on the Rights of the Child face in the judicial procedure of the Islamic Republic of Iran?The following article, with descriptive-analytical method and library tools, including the review of existing documents and opinions,reaches the conclusion that firstly, in most of the judgments issued by the domestic courts, which include reference to the Convention on the Rights of the Child, Iran's Reservation on the Convention is not given sufficient attention. and secondly, considering the sufficiency of domestic laws and regulations to issue appropriate judgments on issues related to children and taking into account the Reservation of Iran, citing the provisions of the Convention on the Rights of the Child is not necessary and acceptable and does not seem reasonable.
bodaghi,F and mohamadzadeh,S . (2023). Pathology of judicial procedure in reference to the 1989 Convention on the Rights of the Child. Ray (Judicial Case Review), 12(44), 53-69. doi: 10.22106/jcr.2024.1988906.1442
MLA
bodaghi,F , and mohamadzadeh,S . "Pathology of judicial procedure in reference to the 1989 Convention on the Rights of the Child", Ray (Judicial Case Review), 12, 44, 2023, 53-69. doi: 10.22106/jcr.2024.1988906.1442
HARVARD
bodaghi F, mohamadzadeh S. (2023). 'Pathology of judicial procedure in reference to the 1989 Convention on the Rights of the Child', Ray (Judicial Case Review), 12(44), pp. 53-69. doi: 10.22106/jcr.2024.1988906.1442
CHICAGO
F bodaghi and S mohamadzadeh, "Pathology of judicial procedure in reference to the 1989 Convention on the Rights of the Child," Ray (Judicial Case Review), 12 44 (2023): 53-69, doi: 10.22106/jcr.2024.1988906.1442
VANCOUVER
bodaghi F, mohamadzadeh S. Pathology of judicial procedure in reference to the 1989 Convention on the Rights of the Child. Ray (Judicial Case Review). 2023;12(44):53-69 (In Persian). doi: 10.22106/jcr.2024.1988906.1442