An International and National Evaluation on Child Abuse in Iran and Germany

“An International and National Evaluation of Child Abuse in Iran and Germany” examines the rights of children in the Islamic Republic of Iran (Iran) and the Federal Republic of Germany (Germany). The two countries were selected because of their fundamental differences in terms of legislations, definitions, and economic, cultural and religious aspects. Iranian laws are based on Islamic rules while there is no such requirement for legal rules in Germany. At study are the roots of child abuse in both countries and the important fundamental differences that exist, based on dominant culture and religion as well as economic and political conditions. The capacity of Iranian constitutional law, criminal law and civil law are evaluated through a comparative analysis of the constitutional law, criminal law and civil law of the Germany. The study demonstrates that Iranian legislators should base their legislation on international instruments to which Iran is a party in order to synthesize domestic laws and international standards by amending the laws concerning the rights of the child into more desirable ones. To that end, legislators should rely on the principle of “dynamicity” in Islamic jurisprudence to amend laws based on the existing conditions related to time and place. Such efforts not only help reduction of potential risks but also increase compliance with international standards. The study ultimately argues for the protection of children in legal proceedings as well as issuance and enforcement of court orders in both countries. Procedural laws in Iran do not provide children with any level of protection in proceedings. It is pertinent to attempt to make the highest possible level of alignment between procedural laws and international standards. Lastly, the study explores an important question pertaining to whether Iranian and German laws provide children with proper criminal and non-criminal protections from child abuse. The study also examines the attitudes of Iranian parents to various issues, such as the prevalence of child abuse in Iran, discrimination between girls and boys and corporal punishment. The study concludes that society plays a significant role in the development of children in both countries. When society provides children with fundamental rights and protections, children will be more likely to properly develop. More importantly, the future of any society depends on children and therefore, societies should make efforts to create a secure life for them.