چکیده:
The parents' 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 parents' right in child education from the view point of jurisprudence and law. Then، the most important kind of restrictions in parents' 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.
خلاصه ماشینی:
" This issue is completed and expanded based on Article 19, in such a way that States are obliged to consider all legal, administrative, social, and educational relations and scales to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation (including sexual abuse) while under the guardianship and custody and the care of parents, legal guardians, or any other individual who has the custody of children (Ibid: p 7, N 18).
Protecting privacy provides the necessary conditions for the growth and development of the child's personality Article 14 also addresses the child's right to freedom of thought, belief, and religion, and enumerates its limitations: 1- Member States shall respect the rights of the child to freedom of thought, belief, and religion; 2- Member States shall respect the rights and duties of parents, or, as appropriate, legal guardians, to guide the child in the exercise of these rights in a manner compatible with the child's evolving capacities; 3- The freedom to manifest religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others.
C. Jurisprudential solutions for resolving the conflict between the parents' right to education and the child's right to privacy From a jurisprudential perspective, the spying of a guardian of a child or adolescent for the purpose of accurate and Islamic upbringing can be considered permissible based on certain rules: - Parents are responsible for the upbringing of their children, and providing an Islamic and correct type of education is among their religious duties and obligations.
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