A comparative study of the model of legal response to the phenomenon of working children in Iranian and American law

Document Type : Original Article

Authors

1 M.A in Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran.

2 Assistant Professor, Department of Law, Faculty of Law and Political Sciences, University of Mazandaran , Babolsar, Iran.

Abstract

The phenomenon of working and street children is one of the social problems that is in conflict with the culture and value system of Iranian society. Examining the course of legislative and policy-making developments in this area shows that in facing this phenomenon, there have been three general approaches of "denial", "confrontation" and "support". The application of these approaches in responding to the phenomenon of working children in different social systems has resulted in various legal response patterns, programs and plans. In this article, relying on the analytical descriptive method and using the sources obtained from the document study method, we have done a comparative study of the patterns of legal response to the phenomenon of child labor in the laws of Iran and America, and we show that these legal systems are facing With the phenomenon of working and street children, what model did he use to respond and how effective were these models in dealing with the phenomenon of working and street children. The results of this study show that despite the fact that both countries have ratified international conventions for the protection of children's rights, the will of the policy makers in these two countries to implement these conventions and adopt a protective approach towards working children. is significantly different.

Keywords

Main Subjects


  • Arshi, M., Sabzi Khoshnami, M., Mohammadi, E., Takaffoli, M., & Imani, F. (2020). Evaluating Effectiveness of Street Children Managing Plan of Iran. Quarterly of Social Studies and Research in Iran, 9(4). (In Persian)
  • Baer, J., Greeson, J., Osterling, K. L., & Dawson, N. (2018). Street outreach programs for homeless and runaway youth: A review of the literature. Children and Youth Services Review, 93, 170-181.
  • Del Lavoro, O. I., & Unicef. (2021). Child Labour: Global Estimates 2020, Trends and the Road Forward.
  • Hernandez, D. J. (2011). Double jeopardy: How third-grade reading skills and poverty influence high school graduation. The Annie E. Casey Foundation.
  • Horowitz, R. (2009). Advocating for the well-being of children: A case study of the National Child Labor Committee. Journal of Historical Sociology, 22(4),
  • Human Rights Watch. (2015). Fingers to the bone: United States failure to protect child farmworkers.
  • Human Rights Watch. (2019). Iran: Children as young as 8 years old working as laborers. Retrieved from https://www.hrw.org/news/2019/07/31/iran-children-young-8-years-old-working-laborers
  • International Federation for Human Rights (FIDH) and League for the Defence of Human Rights in Iran (LDDHI). (2017). "These Streets Are Not For Walking": Iran's Systematic Violation of the Rights of Street Children. Retrieved from https://www.fidh.org/IMG/pdf/ir040217eng.pdf
  • International Labor Organization (ILO). (2019). Global estimates of child labor: Results and trends, 2012-2016. Retrieved from https://www.ilo.org/global/publications/books/WCMS_575499/lang--en/index.htm
  • International Labour Organization. (2015). Child labour in the United States. Retrieved from https://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_26790/lang--en/index.htm
  • International Labour Organization. (2017). World report on child labour 2017: Children in hazardous work. Geneva: International Labour Office.
  • International Labour Organization. (2018). Child labour in Iran. Retrieved fromhttps://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_31070/lang--en/index.htm
  • International Labour Organization. (2019). Global Estimates of Child Labour: Results and Trends, 2012-2016. Retrieved from https://www.ilo.org/global/topics/child-labour/lang--en/index.htm
  • Invernizzi A, Williams J, editors. In: The Human Rights of Children: From Visions to Implementation. 1st ed. London, UK: Ashgate Publishing Ltd; 2013. Understanding a human rights based approach.
  • Miller, Mary E. (2010). Child Labor and Protecting Young Workers Around the World: An Introduction to This Issue. International Journal of Occupational and Environmental Health, 16(2), 103–112. doi:10.1179/107735210799160435
  • Mehta, S., & Aratani, Y. (2015). America's youngest outcasts: A report card on child homelessness. National Center on Family Homelessness.
  • Meloy, M. L., & Covington, S. (2019). Runaway and homeless youth: Demographics, programs, and emerging issues. Journal of Child and Adolescent Psychiatric Nursing, 32(1), 17-26. doi: 10.1111/jcap.12236
  • National Child Labor Committee. (2021). About us. Retrieved from https://www.nationalchildlabor.org/about-us/
  • National Farm Worker Ministry. (2018). Farmworker children: The facts.
  • National Law Center on Homelessness and Poverty. (2014). No Safe Place: The Criminalization of Homelessness in U.S. Cities. Retrieved from https://nlchp.org//wp-content/uploads/2019/05/No_Safe_Place.pdf
  • National Law Center on Homelessness & Poverty. (2018). Homeless Youth. Retrieved from https://nlchp.org/homeless-youth/
  • National Network for Youth. (2020). About NN4Y. Retrieved from https://www.nn4youth.org/about/
  • Pirkhandan, P., Parvin, S., & Siahpour, F. (2021). Typology of Child labour and work-related injuries to working children in Tehran. Journal of Social Work Research, 8(28). (In Persian)
  • Radfar, A., Asgharzadeh, S. a. A., Quesada, F., & Filip, I. (2018). Challenges and perspectives of child labor. Industrial Psychiatry Journal, 27(1).
  • Robertson, M. J., Toro, P. A., & Cauce, A. M. (2015). Homeless Youth: Research, Intervention, and Policy. In International Encyclopedia of the Social & Behavioral Sciences (2nd ed.). Elsevier. doi: 10.1016/B978-0-08-097086-8.63005-7
  • Sabzi khoshnami, M., Mohammadi, E., Arshi, M., Takaffoli, M., & Noruzi, S. (2019). Understanding Effects of the Plan for Organizing Stree Children by Considering its Challenges. Journal of Social Work Research, 6(21). (In Persian)
  • Sajjadi, H., Mahmoudi-Gharaei, J., & Hajebi, A. (2014). Street children in Tehran, Iran: A systematic review of the literature. Children and Youth Services Review, 42. (In Persian)
  • Salazar Parreñas, R. (2005). Children of Global Migration: Transnational Families and Gendered Woes. Stanford University Press.
  • Salihu, H. A. (2019). The Growing Phenomenon of Street Children in Tehran. UKH Journal of Social Sciences, 3(1).
  • S. Department of Labor. (2021). Youth rules! Retrieved from https://www.youthrules.gov/
  • UNICEF USA. (2019). Child labor in America.Human Rights Watch. (2010). Fields of Peril: Child Labor in US Agriculture. Retrieved from https://www.hrw.org/report/2010/05/04/fields-peril/child-labor-us-agriculture
  • Vameghi, M., Sajjadi, H., Rafiey, H., & Rashidian, A. (2012). The Socioeconomic Status of Street Children in Iran: A Systematic Review on Studies over a Recent Decade. Children & Society, 28(5). (In Persian)
  • vameghi M. (2006). Street Children in Iran and Governmental Approaches. refahj. 5(19). (In Persian)
  • Zamani, E., Saeedi, M., & Raei, M. (2019). Children and Youth Living in Poverty and Social Exclusion: Strategies to Promote Social Inclusion in Iran. In R. S. Weiss & S. H. Zarate (Eds.), Handbook of Social Inclusion (pp. 1-24). Springer. (In Persian)