Children's Participation to Custody institution: Comparative Study

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AZARI HAJAR; Oladighadikolai Azam

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Journal Paper

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Journal: HUMAN RIGHTS Year:2021 | Volume:16 | Issue:1 (31) Page(s): 173-194

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Information Journal Paper

Title

Children's Participation to Custody institution: Comparative Study

Author(s)

AZARI HAJAR | Oladighadikolai Azam | Issue Writer Certificate

Keywords

The Children's Right to be HeardQ1

The Best Interest of ChildQ1

Family ProceedingsQ1

Iranian Custody SystemQ1

Abstract

Advances in the humanities have led to a shift in attitudes toward children and the issuance of the Convention on the Rights of the Child (1989). Social activists to reduce the negative consequences of divorce on children and their better adjustment after their parental divorce, have been wanted to change family law to provide children's participation in any judicial proceedings (such as custody and access disputes) to express their views about decisions affecting their lives and well-being. In this article we analyses with content method, Iranian family law statement, to extract capacity of children's legal right to decision-making in custody disputes. The findings show, three dimensions of approach in children's right and participation are identified: rights approach, best interests approach and mixed approach. The rights approach focuses on fundamentally rights such as: equality, dignity thus emphasis on the right of the child to be heard. The second approach seem to have negative views about children's right to participation because involving children in parental fighting, are very harmful. While the third approach states, it is necessary children's voice to be heard, as the same time emphasis on child protection. The paper notes, that under Iranian law, children's views are sometimes absent in decision-making particularly in custody litigation.

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APA: Copy

AZARI, HAJAR, & Oladighadikolai, Azam. (2021). Children's Participation to Custody institution: Comparative Study. HUMAN RIGHTS, 16(1 (31) ), 173-194. SID. https://sid.ir/paper/402070/en

Vancouver: Copy

AZARI HAJAR, Oladighadikolai Azam. Children's Participation to Custody institution: Comparative Study. HUMAN RIGHTS[Internet]. 2021;16(1 (31) ):173-194. Available from: https://sid.ir/paper/402070/en

IEEE: Copy

HAJAR AZARI, and Azam Oladighadikolai, “Children's Participation to Custody institution: Comparative Study,” HUMAN RIGHTS, vol. 16, no. 1 (31) , pp. 173–194, 2021, [Online]. Available: https://sid.ir/paper/402070/en

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