Potentials of the Youth Population Law in Violating Children’s Rights
Legislation is considered one of the tools for creating order in society, implementing the will of the majority, guaranteeing individual rights and freedoms, and creating a safe and peaceful environment for the personal and social life of members of a society. Unlike autocratic and totalitarian political systems in which legislation and rule-making are carried out with the aim of imposing governance and the will of rulers, in popular-customary systems, binding rules and regulations are enacted to implement the will of the majority and the wishes of the general public.
A cursory look at the Family Support and Youth Population Law passed in 1400 (2021) reveals this bitter reality: that the legislator, by enacting such a law, is merely pursuing a particular perspective and policy regarding population and family, and a closer examination of this law reveals that the legislator has acted in an extremely rigid and inflexible manner to achieve its objectives.
Matters such as marriage and childbearing are among the personal affairs and matters based on the taste and mutual will of individuals. Although implementing policies and pursuing governance objectives in these matters, even through merely guidance and propaganda channels, is acceptable, excessive intervention by the government in these matters, particularly through the legislative tool, while narrowing individual rights and freedoms, will have adverse consequences.
It is obvious that families formed in pursuance of such a law and children born as a result of implementing such a law will not be the manifestation of the free and genuine will of individuals, and this very matter will bring about a succession of corruption for the individuals and children who follow from this law. Children who, with the distorted motivation and will of parents, following illogical and disproportionate encouragements and harsh and severe punishments under this law, come into existence, will consequently not have adequate emotional and affectionate support; moreover, parents who decide to have children out of desire to obtain benefits and fear of this law’s penalties may not possess the competence, readiness, and sufficient capacity to manage and educate their children.
The environment in which the law is implemented and executed (society) will play an important and determining role in the success or failure of the law. Based on this, one can say that in Iranian society, which is facing deep economic, cultural, and social problems, and these problems have themselves had destructive effects on hope for the future and collective motivation, there is no appropriate ground and conditions for childbearing and population growth. The legislator’s quantity-oriented perspective on the issue of population in the recently passed law will face the next generation, which may have increased as a result of implementing this law, with a society that will not only not open its warm and secure arms to them, but will reject them; because the society will not be prepared to accept this quantity-oriented generation.
Among other serious dangers arising from the implementation of this law, one can point to the increase in children with disabilities and serious illnesses. The extensive rigidity and inflexible, ineffective approach of the legislator to the issue of screening is to the extent that it confirms the impression that for the legislator, merely increasing the population, at any cost, has substance and importance, and to achieve this goal is even willing to impose the suffering of disease and disability on families and future society. Moreover, in a society that lacks the infrastructure, facilities, and even the appropriate culture to accept disabled, incapacitated, and ill individuals, insistence on increasing the population will undoubtedly add to the number of people who do not have access to their basic and human rights.
Another serious challenge that will result from implementing this law stems from the foreseen benefits for childbearing. The bulk of the incentives envisioned in this law can only create motivation and willingness for childbearing among the lower and less privileged classes of society, and as a result, we will witness the birth of numerous children in vulnerable and incapacitated families. This, in turn, will create a difficult and challenging childhood for the generation resulting from this law and will further increase inequality among the children of society.
One of the other methods to which the legislator has resorted in this law to achieve its goal (population increase) and has attempted to promote and impose, is lowering the marriage and childbearing age. The first result of this approach and legislative policy is the increase in child marriage and the violation of the rights of children who, with the incentive and punitive tools of this law, will submit to largely forced marriages. A noteworthy point is that children, due to incomplete development and deficiency in their power of judgment, will be more exposed to being deceived by the seemingly attractive incentives of this law, and these child brides will face widespread problems such as early and unwanted pregnancies, maternal and infant mortality, as well as child abuse. Children who are the product of these early and ill-considered marriages will, in turn, come into existence in dysfunctional families and will face deeper challenges and dangers compared to their parents.
In summary, it can be said that in the Family Support and Youth Population Law, children, from the legislator’s perspective, have been reduced to merely a tool for achieving objectives and implementing governance policies, and this instrumental and quantitative view of children will have no result other than creating a generation that lacks minimal material and emotional support and protection.
Source: Hrana
