نوع مقاله : علمی وپزوهشی
نویسنده
دکتری حقوق خصوصی از دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the issues that has always been a source of controversy in family law and has led to a division of opinions is the issue of domestic violence against women, especially psychological violence. Domestic violence is one of the most important factors that endangers the health and security of the family. Sometimes this violence leads to visible physical effects, and sometimes, despite very destructive effects, it does not have an outward appearance, which is referred to as psychological and hidden violence. This type of violence causes damage to the individual's personality and the collapse of the foundations of the family. The nature of family law is such that legislation and judgment in this area cannot be made by relying solely on legal tools. In fact, governing in this area without the help of moral values and without interaction with social sciences is not only not in the best interests of the individual, family, and society, but also undoubtedly brings many corruptions. This research, using the method of logical analysis and relying on the findings of social sciences, seeks to prove this important point: Based on the special nature of family law, it is expedient to define psychological violence in law not as a crime but as an illegal act that has a guarantee of appropriate enforcement, and to explain its characteristics and examples in detail. In addition, this article also provides suggestions on determining the authority for diagnosing domestic violence and ensuring appropriate enforcement.
کلیدواژهها [English]
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