Gaps in Iran’s Criminal Policy Regarding the Protection of the Child’s Right to Identity: An Analysis in Light of the Convention on the Rights of the Child

Abstract

The right to identity, recognized as one of the most fundamental rights of children and adolescents in international instruments, encompasses the right to a name, nationality, and family relations. Violations of this right can lead to various forms of delinquency and victimization in the future. The objective of this article is to analyze and evaluate Iran’s criminal policy regarding violations of this right and to identify existing legislative and judicial gaps in light of international standards, particularly the Convention on the Rights of the Child (CRC). This research employs a descriptive–analytical method with a comparative approach to examine Iran’s legal system (substantive and procedural laws) and compare it with Articles 7 and 8 of the CRC and other relevant instruments. Data collection tools consist of library research and document analysis. The findings indicate that Iran’s criminal policy toward violations of the right to identity is predominantly reactive, inconsistent, and lacking a preventive protective approach. Although certain limited instances, such as the falsification of identity documents, have been criminalized, many aspects of violations of this right — such as deprivation of birth registration or arbitrary denial of lineage — lack effective criminal sanctions. This situation reveals a significant gap between Iran’s practice and its international obligations. It is concluded that to ensure effective protection of children’s right to identity, Iran’s criminal policy requires a fundamental revision. Such revision should include the independent and targeted criminalization of violations of the right to identity, strengthening of non-criminal remedies, and adoption of preventive measures focused on timely birth registration and facilitation of lineage proof.