The Scope Of The Right Of Parents To Rearing Children (Comparative Study In Iranian Legal System And International Instrument)

The parent's right in child education has been recognized in Imamie jurisprudence, Iran's legal system and international legal documents. As any other human rights, this right’s fulfillment domain is not absolute and it faces some legal restrictions. In this research we have firstlyexplained the general concepts of the problem including right, parents, education, child, and parent's right in child education from the view point of jurisprudence and law. Then, the most important kind of restrictions in parent's right in child education have been studied from the viewpoint of Imamie jurisprudence, Iran's legal system and international legal documents. The restrictions were categorized as those due to contradiction to child's physical rights and to spiritual rights. The subject of the child physical punishment under the first title (to contradiction to child's physical rights) and problems as child's privacy, child's belief and expression freedom and child's education right under the second title (to contradiction to child's spiritual rights) were studied.