جستارهای حقوق عمومی

Many children in different communities are exposed to violence with different levels of economic, cultural and other social factors. One of the most important classes of children who are exposed to violence, are street children. Existence of street children should be seen as a result of modern urbanization. Disorganization in advancement and industrialization, makes entry of children entitled street children to urban environment. The phenomenon of street children has intensified at all levels in developing countries for reasons such as lack of growth and development balance in compared with developed countries. Street children are placed in different violence issues such as physical abuse, emotional and psychological violence and sexual violence. This type of violence are severely threatened street children's rights including the right to life, right to liberty and the right to human dignity. Login violence factors on street children can be divided into two categories; formal and informal violence factors. Formal factors are included legal entities that according to their legal duty are in associated with street children either directly or indirectly. Informal factors also include other individuals and social institutions such as family and friends of street children.

Judicial system is a reference which should take an action for general public rights realization and eliminate legal abnormalities by issuing various decrees, and its judges can bring powerful rulers to justice because of having committed crimes; so if they won’t have enough autonomy, they can’t have a fair judgments. One of the conditions of judicial independence principle objectification, is independence of judicial system set from other organs of government, by means of powers separation principle. The first goal of powers separation, is assigning specialized tasks of government to separate organs and systems consists of experts. For this purpose, judicial system is responsible for resolving claims and disputes as well as criminal penalties and prosecuted. One of the intended principles is providing judicial independence and also general jurisdiction of judicial system in order to addressing disputes and committed crimes in the community level. The third principle of fundamental principles is judicial independence that has also been mentioned. But unfortunately this issue have been violated in laws of the Islamic Republic Iran and United States of America due to the existence of quasi-judicial tribunals within agencies. Moreover, existence of special court for the clergy in Iran is a clear violation of judicial independence. Principle of judicial branch separation from the other powers of government is the first step in organizational independence of the judicial system and can be found in multiple principles of the fundamental laws of both countries. However, despite the recognition of separation powers principle and respect independence for judicial system, again we see interference of powers and other institutions in functions of judicial system in both countries. In addition to that, in order to provide judicial independence in desirable and intended means of that, providing independence and impartiality of judge's also is required. This means that judges ruled out only with regard to the law, justice and equity, and do not pay any attention to the orders and wishes of others, and finally from this independently behavior, won’t fear from dismissal, downgrading the status and change the place of employment and jeopardizing their positions. This independence must be holistic, which means that judges must be independent not only within the judicial branch, and no person or authority shall not intervene in their votes and their decisions, but also outside the judicial branch and from no authority and office or other governmental entity and even public interest and thought should not be the slightest effect on his normal and impartial judgment, but rather should always consider justice, equity, law and human rights. In addition to these two concepts, magistrate also should observed impartiality within their and has the internal autonomy.