Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

A Critique of Legislative Policies Towards Abusive Families: Rereading the Concepts of Support, Responsibility, and Justice

Document Type : Original Article

Authors
1 Master's degree student, Islamic Azad University, Marvdasht Branch, Marvdasht, Iran
2 Department of Law, Islamic Azad University, Zarqan Branch, Zarqan, Iran
Abstract
Policy-making concerning families with inadequate guardianship in Iran faces profound conceptual and structural challenges. Fundamental notions such as support, responsibility, and justice are frequently defined in reductionist and one-dimensional terms within laws and regulations, with a predominant focus on child removal, parental punishment, and the provision of minimal services. Such an approach not only conflicts with the principles of developmental psychology and restorative justice but also results in emotional disruption, the reproduction of harm, and diminished effectiveness of interventions. To address these shortcomings, this study proposes a new conceptual framework that highlights the integration of interdisciplinary theories—including attachment theory, family systems theory, and restorative justice—alongside the redefinition of core concepts and the development of participatory and empowering policies. Within this framework, the family is viewed not merely as a damaged unit but as a potential environment for rebuilding relationships, fostering children’s psychological growth, and reforming parenting practices. Based on this framework, a series of policy recommendations are presented at three levels: legislative, executive, and supportive. At the legislative level, the formulation of a comprehensive law on families with inadequate guardianship, the revision of existing legal provisions, and the establishment of participatory mechanisms for families are recommended. At the executive level, key strategies include establishing family rehabilitation centers, implementing multidimensional assessment systems, and providing structured parenting education. At the supportive level, emphasis is placed on integrated packages of psychological, educational, and financial services, complementary policies in education and mental health, and shifting public attitudes through cultural and media initiatives. Ultimately, the transition from reactive and punitive policy-making toward restorative, humane, and structural approaches requires a reconceptualization of key terms, the utilization of scientific theories, and the active involvement of vulnerable families in decision-making processes. Only under these conditions can policies be developed that not only ensure child protection but also redefine the family as the central foundation for growth, education, and social reconstruction.

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