Children; Right to Life and Appropriate Guardianship

In Iran, there is hardly a day without reports of abuse and violence against children, or even disciplinary and judicial actions against them. The generalities of the "Child and Adolescent Rights Protection Bill" have recently been approved by the parliament after months of deliberation. Who is a child and what rights do they have? This program addresses questions in this regard. One of the most fundamental rights of children is to have an appropriate guardian. Parents or suitable guardians are obligated to provide the most basic needs of the child from birth until the end of childhood. Understanding children and their childlike world, creating a happy and safe environment, and meeting the individual needs of the child are responsibilities of a suitable guardian. Food, clothing, health, and education can be cited as appropriate examples of the needs of a child that are essential for their physical and mental development from birth. Any negligence or indifference towards the needs of children by parents or guardians is unacceptable. Article 1168 of the Civil Code states that the care of children is both a right and a duty of parents. In cases where the child's parents lack the conditions to care for the child or neglect their duties towards the child, the government is obliged to make decisions in accordance with the rights of the child and improve their conditions, entrusting the guardianship of the child to qualified individuals. More reading: Where are the borders of childhood? The conditions under which a court can take custody of a child from a parent or parents are mentioned in Article 1173 of the Iranian Civil Code. These include parental addiction or mental illness, abuse of the child, or forcing the child into immoral professions, begging, and trafficking. In the event of parental separation, custody of the child is the right of the father, and in cases such as breastfeeding, where custody is with the mother, the mother's marriage to another person results in the loss of custody. Child protection laws must be equal and in the interest of the child. The interest of the child is to have suitable parents and guardians. Divorce is a natural right for individuals who cannot continue a shared life together, and in the event of parental divorce, the law must address the child's conditions before issuing a ruling and decide on custody in the best interest of the child. Custody laws in Iran grant custody to the mother for a son until the age of 2 and for a daughter until the age of 7, after which custody is transferred to the father or a male guardian (paternal grandfather). Article 1169 of the Civil Code states: "For the custody and care of a child whose parents live separately, the mother has priority until the age of seven, after which it is with the father." According to this law, after the child reaches this age, custody is with the father. Article 1171 of the same law states that in the event of the death of one parent, custody is with a living person. Some unequal custody laws that have been protested by women's and children's rights activists have been predetermined without considering the best conditions for the child's growth and safety. These laws not only deprive the child of the emotional and psychological support of the mother but also constitute a form of discrimination against women and can serve as a pretext for violence against women.