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      • Open Access Article

        1 - Dimensions of Legal Liability in Malapropos Cesarean in the Light of the Fundamental Rights of the Fetus
        Mahmoud Abbasi Meysam Kalhornia Golkar
        Background and aim: Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if Full Text
        Background and aim: Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if left unaddressed, will become a moral norm and difficult to deal with legally. Method: This study conducted to a descriptive - analytic study that examines the basics and dimensions of legal liability arising from Malapropos Cesarean. Results: Malapropos Cesarean Because of the disruption to the child's natural birth process and putting him at risk can be regarded as a violation of the basic and fundamental rights of the child including the right to life and the right to health and in particular fetal right to spend a full period in the womb. Accordingly, jurisprudential, ethical and legal considerations of this social phenomenon indicate the possibility of professional, civil and criminal liability for physicians. In addition, parents should be involved in the practice of physicians’ violation. Conclusion: Due to the lack of victim power for the action and the consent of the parents and the physician to intervention in the delivery process, the legal prosecution of Malapropos Cesarean faces obstacles. Accordingly, it is necessary, within the framework of the health law system, emphasizing on the public aspect of Malapropos Cesarean, while applying current laws, as well as regulatory, along with dealing with offenders, would be considered necessary measures to avoid health centers from performing this surgery. Manuscript Document
      • Open Access Article

        2 - Analyzing the Situation of Child Rights in the World: Extracting Implications for Iran
        Leila Naseri Amene Aali Mahmoud Abbasi
        Promoting the well-being of children around the world and defending their rights is the objective of the International Convention on the Rights of the Child, and the countries committed to it, have made extensive efforts to achieve this goal. However, making sure that t Full Text
        Promoting the well-being of children around the world and defending their rights is the objective of the International Convention on the Rights of the Child, and the countries committed to it, have made extensive efforts to achieve this goal. However, making sure that this is done requires an evaluation of performance - how well governments adhere to their commitments and how successful they are in enforcing its provisions. In this paper, the status of child rights is based on 20 quantitative and qualitative indicators in five domains. The purpose of this article is to provide an analytical overview of the 2019 evaluation report and to identify implications for improving children's rights performance in Iran. Based on the analysis of the findings and the interpretation of the results of this report, it can be deduced that most countries have followed a similar pattern over the years, but the overall findings indicate a profound gap between the scope of action and international child rights policies in the world. Iran is ranked 100th out of 181 countries, which is not favorable. While in Iran quantitative indicators are above average, but in qualitative indicators related to "enabling environment for children's rights“ the results are very poor. This finding underscores the need to pay attention to proper legislation and enforcement in the country, to determine the best budget available for children's rights, to develop government and civil society cooperation, to focus on child participation and non-discrimination between specific groups. Manuscript Document
      • Open Access Article

        3 - Child Rights and Autism Spectrum (Fields and Plans)
        Mahmoud Abbasi Zahra Poursina Meysam Kalhornia Golkar
        Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance ca Full Text
        Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance caused serious problems for them in normal process of family and social life. The rising trend and tangible growth in the number of children affected in recent years, has sounded the need for targeted actions in the area of autism community health management. One of the most important areas that need to be addressed is the special support for children with autism based on the general principles of child rights and in accordance with the special situation of these children. At the moment, due to lack of health insurance coverage, inadequate diagnosis and rehabilitation facilities, ignoring the right to education and enjoy the conditions appropriate to the situation, necessity of establishing parent guidance and counseling system and support the living standards of children affected in their families and community, all has led serious challenges for those with autism and their families. Accordingly, the theoretical analysis of the principles of child rights with the importance of children with autism seems to be necessary to provide the infrastructure and requirements for securing the fundamental rights of these children especially in two areas of health and education in the domestic system. Manuscript Document
      • Open Access Article

        4 - The Malapropos Cesarean: A Crime without a Victim
        Mahmoud Abbasi Meysam Kalhornia Golkar
        Malapropos Cesarean is determining the date of birth for non-medical reasons. The most important example of this practice in Iranian society, which has appeared and increased, especially in the last decade, is to try to adapt the birth of a baby to unique calendar dates Full Text
        Malapropos Cesarean is determining the date of birth for non-medical reasons. The most important example of this practice in Iranian society, which has appeared and increased, especially in the last decade, is to try to adapt the birth of a baby to unique calendar dates. Regardless of the behavioral pathology and moral critique of this practice, a consequentialist view makes the importance of the legal system's attention and decisive response to malapropos cesarean even more necessary. In the present study, with a descriptive-analytical method, in addition to reviewing the criminal law and the principles of criminology, the dimensions of criminal responsibility for untimely cesarean section were considered. The findings showed that malapropos cesarean due to threats to maternal and fetal health, imposing abnormal risks and depriving the infant of the benefits of fetal completion, as well as the consequences of increasing medical error and so promoting false traditions in the health community, in terms of criminological principles, is practically against morality and public order and should be considered as a crime. In addition, the current criminal laws, such as paragraph c of Article 158 and Article 495 of the Islamic Penal Code, are considered as the legal basis for the realization of criminal responsibility resulting from this act. Due to the condition of the fetus, as well as the victim's lack of power to sue, and the parents' and physicians' unanimity regarding non-medical involvement in the delivery date, this abnormal act looks like a crime without a victim, which as a result, its legal pursuit faces difficulties and obstacles. Accordingly, it is necessary to emphasize the general aspect of malapropos cesarean, and documented in the relevant articles of the Islamic Penal Code, assuming the sum of the elements of criminal responsibility, along with disciplinary responsibility, physicians and medical centers might be prosecuted by the public prosecutor. Manuscript Document
      • Open Access Article

        5 - Legal Clinics; Desirable Mechanism for Protection and Substantiation of Children's Rights
        Mahmoud Abbasi Leila Mirbod
        Children's rights are always subject to serious violations, so providing solutions for the substantiation of children's rights must be done in accordance with their highest interests. In addition to the mechanisms of international instruments and domestic law, non-gover Full Text
        Children's rights are always subject to serious violations, so providing solutions for the substantiation of children's rights must be done in accordance with their highest interests. In addition to the mechanisms of international instruments and domestic law, non-governmental organizations can also contribute to the full substantiation of these rights due to their constructive role. in this regard child rights clinics have also been established so that they can take a serious step as a center for training and coordination of measures as well as specialized counseling. Analysis of the structure, objectives and performance of such centers can manifest their coordinating and enlightening role as an undeniable necessity. Examination of the objectives of these clinics shows that education, research, consulting services and executive measures are among their main functions. Of course, these measures also face serious challenges, such as non-allocation of funds, free services, non-participation of children in decisions related to themselves, and so on. However, children's rights clinics can create opportunities to provide scientific and practical solutions through these barriers. In line with the main issue of this study, the findings indicate that what can ensure the effective implementation of children's rights is the real cooperation of the responsible institutions with civil institutions. The present article has been written in a descriptive-analytical method with the study of domestic and international cases. A multidimensional view of the problems in the field of children, creating a new attitude of lawyers and judges to the issue of child victimization and delinquency and applying restorative justice, educating and promoting children's rights to children, parents and educators, creating a culture of entering rules to the community and creating a social attitude to Children's rights, should be at the forefront of child rights clinics. Manuscript Document