نشریه حقوق بشر
پیاپی 13 (بهار و تابستان 1391)

Economic sanctions whether imposed unilaterally or on the basis of the chapter VII of the UN are a powerful means for enforcing a state to fulfill its international obligations. Sanctions, like or not, would have lasting negative impacts on the people of the targeted state. The right to education as an empowering right would not be excluded from the detrimental effects of the economic sanctions. Since this right is related to other human rights including the right to food, the right to water, the right to a basic standard of living, etc., it is directly or indirectly susceptible to breach. This right is considered as an inalienable right so that even the UN Security Council cannot ignore it for the purpose of protecting international peace and security. However, the Council, by adopting resolution 1737 (17) against Iran’s nuclear program, has violated the right to education of the Iranian citizens.

Since there appears to be a relationship between Ayatollah Mutahhari’s ‘Jihad’ theory and John Rawls’s Humanitarian War theory, and between their shared social concerns, this study aims at investigating whether the two theories are similar or different in terms of legitimacy of war and the use of force. It seems that humanitarian jihad and liberal humanitarian intervention have a similar genesis, the difference being that the former is prescribed on theological foundations and the latter is founded on ethical liberalism, though the two have similar claims. Can this apparently unprofessed resemblance in permissibility of jihad in Jihad theory of Ayatollah Motahhari – as a Muslim jurist and philosopher - and the justification of war to confront violation of human rights in “The Law of Peoples” as a complement to theory of justice of Rawls – as a Kantian liberal philosopher be considered a significant relationship?

One of the disturbing aspects of child abuse and violence is corporal punishment of children by teachers, educators and staff in educational contexts. Despite the prohibition of such actions in the national and international regulations particularly in the CRC, and potential adverse consequences of physical abuse, drawing on their false and unfounded customs and beliefs, many still maintain that teachers and educators have the right to use corporal punishment. Furthermore, citing certain religious teachings, some researchers have confirmed this and even suggested that teachers, like parents, have this punishment right. Stressing the prohibition of corporal punishment of children by teachers and educators in national and international regulations, this article examines its impermissibility from jurisprudential perspective. It also deals with the influential role religious leaders and clerics can play in fighting against violence against children and removing the misconceptions and wrong beliefs about corporal punishment. This issue has been addressed in the 8th declaration of the World Assembly of Religions for Peace (Kyoto, 2006) but has not received enough attention.

Today many countries have taken measures to recognize the values, principles, rules and norms of human rights, adopting appropriate mechanisms to ensure their implementation and monitoring through a set of documents, doctrines, practices and institutions which are known as the international system of human rights. Under this system, in light of all rules of international law related to human rights, a protection system has been established which with all its principles and institutions seeks the ways to provide general public to benefit from the common global values and to ensure respect for the human beings. The development of this system and consensus on the values, principles, rules and norms of human rights provide grounds for the universality of human rights which has its roots in inherent human dignity of people all over the world more than anything else. Thereupon the development of the international system of human rights of children, special protection of children in general and against acts that violate their rights in particular, has been recognized and universally accepted. This principle has been written into the constitutions of many countries but the constitution of the Islamic Republic of Iran is yet to integrate it. Mandatory family responsibilities, differential criminalization and passing specific penalization for behaviors that violate the rights of children, are the most important illustrations of the principle of special protection of children in public welfare, civil and criminal laws. People who are involved in the child's life the most are parents. Hence, the family is the most important factor in child protection. But can such a role and relation be considered as a justification for granting special rights and privileges to parents and other caregivers and consequently pave the way for deviating from the universal principle of prohibiting discrimination against children? Striking a balance between parental rights and children's rights in the family is the most challenging area related to child protection against victimizing within the family of which corporal punishment of children is one. Referring to cultural relativism in countries that are committed to the implementation of United Nations documents in the context of criminal legislation on the one hand and being obliged to observe the religious rulings in this context on the other hand, make the balance very difficult to maintain. This article examines this issue in the light of international human rights and in general and specific documents about children in global and regional levels.

Corporal punishment is using physical force to discipline or correct a child`s behavior so that they experience pain without any harm. Corporal punishment occurs mainly at home or at school. The present study investigated corporal punishment within the family (punishment of children by parents). Reviewing the studies conducted on corporal punishment, the present study examined factors affectingcorporal punishment as well as the factors affected by corporal punishment and finally presented a conceptual model of elements and dimensions of corporal punishment applied by parents. The results of the review showed that many background and personality characteristics of both children and parents are involved in corporal punishment. The use of corporal punishment can result in behavioral problems in children both at individual and social levels and all this is influenced by the culture of a society. And since there are some religious instructions regarding the disciplining of children in their religious culture, corporal punishment is not prohibited in Muslim societies. Furthermore, there are some limits and conditions which are difficult to observe.

Reviewing the practice of the religious leaders, including the prophet of Islam (PBUH) and the infallible Imams, show that their system of child rearing is taken from a divine system targets the absolute perfection. Therefore, the maturity and development of an individual is addressed, always focusing on prevention prior to cure. In child rearing, Islam adopts an approach which puts affection, love and advice together with tolerance and caution at the center. Therefore, punishment is not a priority but as an instrument which may be used when kindness and affection fail to develop appropriate habits. In Islamic cultivation, going to extremes is not favored and only this way can we cultivate balanced individuals with all their potentials and capacities being full-fledged and their body, soul, intellect functioning in harmony. Although, in Islamic law and jurisprudence, the corporal punishment of children is allowed on the condition that their body does not turn red, black or bruised and it is only for the purpose of disciplining children. However, the violence of parents against children is disapproved and it is considered to be detrimental to their proper cultivation and guidance. Parents are persuaded to treat their children kindly, tenderly and caressingly.

There are various methods and ways for the sociability of children. To this end, this study examines children’s point of view about corporal punishment from an Islamic and psychological perspective analytically. To do so, 40 male and female preschoolers selected on the basis of availability were tested using drawing and interview tests. The results from statistical analyses showed that most of participating children had experienced a mild corporal punishment. They didn’t have a positive view toward corporal punishment but they approved of other disciplining methods such as deprivation, penalization and not speaking with them. Children who experienced severe corporal punishment used dark colors, light lines and the least space in their paintings. Also, results from regression analysis showed that among the demographicvariables of parents, the age and education of mothers were negative and significant predictors of the use of corporal punishment. The results were analyzed from both Islamic and psychological perspectives.