Forms of Protection for Child Victims in Iran and Canada: A Comparative Study of the Gap Between Rights and Implementation

Abstract

Using a comparative-critical approach, this study analyzes the protection of child and adolescent victims within the distinct legal and institutional contexts of Iran and Canada. It demonstrates that “protection,” rather than being merely the product of the existence of legal rules, results from the interaction among legislation, institutional capacity, funding, implementation standards, and organizational culture. In Iran, the central issue is conceptualized as a “gap between law and implementation,” accompanied by weaknesses in supportive and intersectoral institutions. In Canada, the central issue manifests as “protective heterogeneity” arising from federalism, as well as from the internal provincial limitations of the criminal justice system. Consequently, in practice, a child under the age of 18 does not encounter a uniform system of protection but is instead subject to varying provincial regimes. The present study subsequently highlights four structural weaknesses in the Canadian criminal justice system: the reproduction of secondary victimization throughout judicial proceedings (prosecution and trial); the inadequacy of judicial dispositions in ensuring victim safety; selective prevention and the rendering invisible of certain forms of harm, including corporate and structural harms; and the substitution of welfare-oriented policies with stigmatization or control of “targeted victims.” Finally, the role of the federal victims’ rights framework (CVRA/CVBR) is analyzed as a progressive step toward the formal recognition of victims’ rights. Nevertheless, limitations in enforcement mechanisms, the absence of an independent cause of action or entitlement to damages solely on the basis of a rights violation, and the fragmentation of complaint mechanisms under federalism constrain its protective capacity. The overall conclusion is that effective protection of child victims requires the “translation of rights into services” through minimum national standards, binding enforcement mechanisms, and trauma-informed design at every point of contact between the child and the justice and welfare systems.