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Moral Foundations of Criminalizing the Phenomenon of Child Marriage
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Z Zahed1   , G Mohammad Nasl 2, H Davoudi Garmaroodi3 |
1- Ph.D. Student in Law, Karaj branch, Islamic Azad University, Karaj, Iran.
2- Dept. of Law, Karaj Branch, Islamic Azad University, Karaj, Iran. , najandimaneshh@gmail.com
3- Dept. of Law, Karaj Branch, Islamic Azad University, Karaj, Iran. |
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Abstract: (262 Views) |
Background: The phenomenon of child marriage is a moral harm and a threat to children's physical and mental health, among which girls bear the largest share of losses and damages. Child marriage is immoral because at this age the child is not mentally, emotionally, economically and physically ready for marriage, so child marriage as a moral harm ignores the basic rights of people. Considering the importance of this matter, the present study was formed with the aim of investigating the moral foundations of criminalizing the phenomenon of child marriage.
Conclusion: The results of this research indicate that having a child in marriage is a violation of moral principles and therefore it is considered as a criminal matter in law. According to existing international documents, child marriage is one of the forms of forced marriage and an example of violation of human rights. Several factors are involved in the occurrence of child marriage, and poverty is the main reason for this phenomenon. Therefore, early marriage has a lot of consequences and negative effects, which leads to the deterioration of three rights: the right to education, the right to health, and the right to choose. Therefore, countries and international communities should take steps to solve this problem by compiling a set of laws and explain the important achievement of it. The process and how to criminalize this phenomenon is in this field. |
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| Keywords: Ethics, Criminalization, Child rights, Child marriage, Child rights convention |
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Full-Text [PDF 522 kb]
(244 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/08/25 | Accepted: 2023/10/31 | Published: 2024/05/3
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