1Department of Criminal Law and Criminology, Shahid Beheshti University, Iran
2Shahid Beheshti University, Iran
Online published on 24 February, 2012.
The purpose of this study is to determine the extent Iranian Acts provided criminal protection for mentally disabled children and to specify legal gaps in these Acts.
Literature was mainly taken from scientifically valid and peerreviewed journals. The prevalence of murder, physical and sexual abuse, and violence against the mentally disabled children are reviewed. Regarding the municipal Acts, Islamic Penal Act 1991 (articles 206, 222, & 596); Comprehensive Protection for the Disabled Individuals Act 2004 (articles 3), and Criminal Procedure Act 1992 (articles 204) have been analyzed.
Iranian criminal justice system didn't pay enough attention to this group of victims and sometimes treated them with discrimination. Iranian legislator didn't consider mental disability as a cause of victimization of mentally disabled children.
Incohesive and unsystematized criminal protections and provisions dealing with mentally disabled children would lead to discrimination which, in turn, would result in breaching their rights. Enacting a special Act which covers rights and legal needs of mentally disabled children can be considered as a pressing need in Iranian legal system.
Child victims with mental disability, Iranian Acts, homicide, violence, abuse
