Convention on the Civil Aspects of International Child Abduction and Measuring Its Compliance with the Iranian Law

Recognition of the child’s right to return to his or her residence is a key component of the Convention on the Civil Aspects of International Child Abduction. Since this convention does not provide for the right of conditional protection or acceptance for member states, we intend to analyze the content of the articles of this convention to determine their compatibility with the legal principles and materials related to the crime of kidnapping, child custody, determining the children’s residence, illegal child transfer and other issues. The findings of the present study, which are done by the descriptive-analytical method and citing to library sources, show that there isn’t the same definition and common understanding of some basic concepts, between the Convention and the Iranian legal system. Accession to the Convention is incompatible with Juridical sovereignty of Iran over its citizens and with the indisputable principles of the Constitution and ordinary laws because it entrusts the right to investigating the claims of Iranian citizens on child custody and determination of his or her residence to non-Iranian juridical authorities and gives these authorities the right to interpret and review the compliance of individuals with Iranian law.