Abstract

The issue of illegal migration and its legal consequences, particularly when children and adolescents are among the migrants, represents one of the most complex challenges for judicial and protective systems worldwide. In Iran, the significant presence of Afghan children and adolescents in uncertain residency situations necessitates special considerations within judicial processes to safeguard both their legal rights and their best interests. The ruling in case number 140168390014576263 by the Tehran Juvenile Court exemplifies this approach; in this decision, the judge prioritized the best interests of the Afghan adolescent involved and issued a judgment aimed at protecting the child’s future and dignity.

The ruling reflects a protection-oriented trend in judicial practice, demonstrating that it is possible to reconcile residency requirements with human rights considerations and the developmental needs of adolescents. In the text of the judgment, alongside adherence to public order and legal norms, the impact of the judicial decision on the child’s growth, education, and potential for reintegration or continued social life was taken into account, and appropriate protective measures were implemented accordingly. This approach not only serves the legal interests of the judiciary but also ensures effective fulfillment of international and ethical obligations regarding children’s rights.

The experience of this case can provide practical guidance for judges and relevant institutions, enabling them to adopt a realistic and child-centered perspective when handling similar cases, thereby promoting justice while mitigating the vulnerabilities of young migrants.