Differential sentencing of children and adolescents in the notion of

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Adalatkhah Mohammad Reza; Varvai Akbar; Jafari Mohammad Javad

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Journal Paper

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Journal: Legal Research Year:2024 | Volume:27 | Issue:107 Page(s): 41-60

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Information Journal Paper

Title

Differential sentencing of children and adolescents in the notion of "right to rehabilitation"

Author(s)

Adalatkhah Mohammad Reza | Varvai Akbar | Jafari Mohammad Javad | Issue Writer Certificate

Keywords

The right to rehabilitationQ4

children and adolescentsQ4

criminal responsibilityQ4

the right to punishmentQ4

Abstract

The ideological foundations governing the penal system of any country have a direct impact on the formulation of criminal responses and criminal policy in the fight against crime. children and adolescents as a subject of criminal policy in any society, who play a decisive role in the fate of any country, are very important that necessitate the adoption of defamatory criminal policy in the field of punishment. One of the differential manifestations of the intellectual foundations of responding to the criminal behavior of offenders is the acceptance of the idea of the "right to rehabilitation" instead of the "right to be punished" for children and adolescents. The right to rehabilitation is one of the most prominent human rights; in such a way that a person has these rights from childhood and in all stages of his life, even when he is convicted of a crime. Therefore, all governments and rulers, regardless of the religion of the members of society, while respecting their equal rights in political, economic, social and cultural terms, are committed to provide a suitable environment for the growth and excellence of children, especially delinquent children. One of the fundamental rights of the human family is the right to reform and rehabilitation. The exercise of this right plays an important role in replacing values and norms commensurate with social developments in a collective and widespread way in collective life. This right is based on humanitarian, religious, and criminalistic principles that require the existence of such a right for delinquent children and has unique effects and results, such as the priority of implementing reform programs instead of punishment for delinquent children and the participation of non-legal institutions in the process of responding to them.

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