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Children out of wedlock and birth registration obstacle in Iran
Abstract
Children out of wedlock and birth registration obstacle in Iran Children deserve a fair life; they are vulnerable. Worldwide organizations are putting great efforts and are committed to protect children against hunger, disease, abuse, trafficking, abduction and many other risks. The Children’s Rights Convention prohibits discrimination against children and puts the burden on governments to ensure enforcement of children’s rights and prevent adoption of discriminatory laws. All children, regardless of their race, religion or nationality, are subject to this anti-discriminatory agenda. Nevertheless, legitimacy of a child is still a factor in determining social and legal rights in many countries, including Iran. In fact, illegitimate children are deprived of their fundamental rights because of the social denial. In Shiite jurisprudence, a child is considered illegitimate if born by adultery; such a relationship between a man and a woman is considered an illegitimate relationship and a crime in Iran, where Islamic (sharia) law is enforced. All Islamic schools of thought banishes illegitimate relationships and sentence it, and as a result a child born out of wedlock suffers a social stigma. Mother can obtain a birth certificate for an illegitimate child, but the child can only carry the mother’s last name unless she proves the legitimacy of her relationship to the child’s father and not necessarily a DNA examination makes a father responsible for the child interest. Iran civil code expressly states an illegitimate child will not be conjunct to the father; the child is not entitled to carry the father’s surname or to receive an inheritance or alimony. Modernization of the civil code and family law in many countries has eliminated illegitimacy concept, but in this trend the lack of a common accompaniment can be felt. Parents relation should not have any impact of child’s right for identity but yet the Issuance of a birth certificate for a child born out of wedlock in Iran is uncertain and depends on a Court decision and may endure punishment of parents for illegitimate relation. Iran is CRC member and enforcement of the CRC requires the removal of unfair and discriminatory acts and securing children’s rights in Iran. Drawing on my academic training as an attorney and my legal practice in Iran, I will examine discriminatory aspects of the law currently practiced in Iran and explore the ways in which the law negatively impacts every aspects of a child’s life- emotional, Social, financial, and legal.
Discipline
Law
Geographic Area
Iran
Sub Area
19th-21st Centuries