Document Type : Original Research Paper
Authors
1
Associate Professor, Department of Criminal Law and Criminology, Head of Law Research Center, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2
Ph.D. in Criminal Law and Criminology, Researcher at the Law Research Center, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
Abstract
Population increase and childbearing is one of the issues that policy makers and planners pay attention to in any society. Today, the category of population youth is not only a specific issue, but it is a broad political, social, cultural, economic, legal and security issue, and in this regard, the law on the protection of the family and population youth was approved in 1400. The current research, which has analyzed the application and quality of the family and youth protection law in terms of purpose. The findings and results of the research show that achieving population increase with support measures; Preventive and criminal in the family and youth protection law has been accompanied by supportive and encouraging policies, preventive policies and criminal (punishment) policies. On the other hand, contrary to other laws, the priority of protective and preventive measures in the criminal policy discourse of the 1400 legislature is evident compared to penal measures, so that the achievement of population increase has been the focus of penal systems and incentive measures of non-criminal welfare deprivations; This brings challenges in the approval, inclusion and implementation of the law. On the other hand, the typology of criminalizations and guarantees of implementations in the field of childbearing and population growth is associated with prohibitions and restrictions on screening and diagnosing fetal abnormalities, which indicates flaws and ambiguities in criminalizations and guarantees of implementations of the Law on Family Protection and Population Youth.
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