Criminal Responsibility Policies for Crimes Against the Persons with Disabilities And Differential Criminal, Judicial and Moral Protection of Them

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ZERAAT ABBAS; Chavoshi Mohammad Sadeq; Keramati moez Hadi

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2019 | Volume:20 | Issue:1 (49) Page(s): 51-76

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Title

Criminal Responsibility Policies for Crimes Against the Persons with Disabilities And Differential Criminal, Judicial and Moral Protection of Them

Author(s)

ZERAAT ABBAS | Chavoshi Mohammad Sadeq | Keramati moez Hadi | Issue Writer Certificate

Keywords

Disabled PersonsQ1

Criminal ProtectionQ1

Judicial ProtectionQ1

Moral ProtectionQ1

Law on the Protection of the Rights of Disabled PersonsQ1

Abstract

Disabled people as a vulnerable group of society suffer from various physical and mental problems. In case crimes against fundamental rights, against physical integrity, against financial rights and against sexual integrity of persons with disabilities are committed, criminal responsibility policies must be supportive and protective of them; the most important law on the rights of persons with disabilities in Iran is the Law on the Protection of the Rights of Disabled Persons that was passed by the Islamic Parliament on 10 March 2018, and approved by the Guardian Council on 12 April 2018. Through the perspective of welfare and protection, this law requires all governmental and nongovernmental organizations to protect cultural, educational, economic, and social rights of people with disabilities. The adoption of this law is, in fact, a very positive step towards the promotion of the rights of persons with disabilities in Iran. Despite its positive points, there are some problems such as the lack of effective criminal enforcement guarantee as well as the lack of differential judicial and extraJudicial Protection. On the one hand, Iran's criminal laws have only focused on the crime and the punishment for the offender, and thus the victim persons with disabilities have been forgotten and ignored by adopting a crime-based approach. It is while in the Modern Criminal Law, one of the major missions of the substantive and procedural criminal law is protecting the Disabled Persons though passing a regulation that involves the most protection for these victims. Therefore, what should be considered by the legislature is that the status of the person with disabilities should be under attention and thereby take their vulnerability to the occurrence of a crime as the strict position of the legislature. In this article, the authors aim to investigate criminal responsibility policies for crimes against the Disabled Persons as well as providing differential criminal, judicial and Moral Protection of them with the analytical-descriptive method and finally analyze the problem of this vulnerable group of society.

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APA: Copy

ZERAAT, ABBAS, Chavoshi, Mohammad Sadeq, & Keramati moez, Hadi. (2019). Criminal Responsibility Policies for Crimes Against the Persons with Disabilities And Differential Criminal, Judicial and Moral Protection of Them. ISLAMIC LAW RESEARCH JOURNAL, 20(1 (49) ), 51-76. SID. https://sid.ir/paper/229478/en

Vancouver: Copy

ZERAAT ABBAS, Chavoshi Mohammad Sadeq, Keramati moez Hadi. Criminal Responsibility Policies for Crimes Against the Persons with Disabilities And Differential Criminal, Judicial and Moral Protection of Them. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2019;20(1 (49) ):51-76. Available from: https://sid.ir/paper/229478/en

IEEE: Copy

ABBAS ZERAAT, Mohammad Sadeq Chavoshi, and Hadi Keramati moez, “Criminal Responsibility Policies for Crimes Against the Persons with Disabilities And Differential Criminal, Judicial and Moral Protection of Them,” ISLAMIC LAW RESEARCH JOURNAL, vol. 20, no. 1 (49) , pp. 51–76, 2019, [Online]. Available: https://sid.ir/paper/229478/en

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