The Ethico-legal Approach to Equality Principle in the Rights of Children with Special Needs

Abstract

Background and Aim: The particular physical, mental and psychological characteristics of children with special needs requires certain education, facilities and support. This study aimed to the ethico-legal analysis of the Iran , s law and regulations owing to equality principle in children with special needs. Materials and Methods: In this analytical study, firstly, Iranian laws related to the rights of children with special needs were proposfully searched. After the ethico-legal analyzing the law and regulations, legal challenges and pittfalles were identified. Findings: Although the laws of Iran, do not explicitly refer to children with special needs and their rights, however some examples of legislator attention to these children are seen, which can be explained under the two subtitles of equality in terms of social rights and criminal law. Regarding equality in terms of social rights, the positive aspect and providing facilities for fostering of the talents and capabilities of the children with special needs. In the area of criminal justice, the legislative objective is to protect these children against crime and abuse. Conclusion: Despite the existence of some policies for equality and non-discrimination in the area of the rights of children with special needs in Iran's laws, there are many gaps in this regard. It is recommended that legislators to adopt some policies such as the redefinition of the concept of children with special needs and inclusion of the certain and explicit laws and regulations for them and also formulation of differential policies in the criminal investigation process for crimes against these children. Please cite this article as: Soltani Kuhbanani S, Gholami N. The Ethico-legal Approach to Equality Principle in the Rights of Children with Special Needs. Bioethics Journal 2018; 8(27): 19-31.