الحماية الجنائية للطفل المجني عليه في إطار التشريع العماني والشريعة الإسلامية
The child victim's right to legal protection is imposed by nature, protected by Islamic law and regulated by law. If the researcher observes the reality of children in Oman, the researcher can find many children have become vulnerable to various types of crimes, which pose a threat to them, whe...
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| Summary: | The child victim's right to legal protection is imposed by nature, protected by Islamic law and regulated by law. If the researcher observes the reality of children in Oman, the researcher can find many children have become vulnerable to various types of crimes, which pose a threat to them, whether to their lives, the safety of their bodies, their morals and dignities which led us to look for the effectiveness of the policy of punishment adopted by the Omani legislator in providing legal protection to the child victim through the legal texts and in line with the provisions of Islamic law. To answer this problem, the researcher divides this study into two main sections preceded by a preliminary chapter in which we address the concept of the child and the legal protection of his rights. In the first section, we address the objective of the legal protection of the child victim, and in part two, we show the procedural protections of the child victim. Observing the most essential texts that criminalise child abuse, we can conclude that they do not fully cover all types of abuse against children, which in some respects fail to provide fair (objective and procedural) legal protection to the child victim. As a result, they are treated with the same treatment as adults, particularly in some procedural aspects (when investigating and prosecuting), and the lack of judicial services and assistance in their dealings with the child victim, which leads to the question of their effectiveness in achieving the necessary care for them. This study is, therefore, to identify the most prominent manifestations of legal protection for the child victim, including Omani law and in the light of the provisions of Islamic law, and to show the practical reality of this protection in the judicial systems and institutions concerned with the child as a victim. The study is based on the comparative, descriptive and analytical approach and the applied approach. The study concluded that Omani law had included several legal protections for the child victim in some respects some provisions of Islamic law, however, from the legislative aspect, some weaknesses could be improved. |
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