Child Great Interests in Iran's Judiciary and Convention on the Rights of the Child
Subject Areas : child rightsMohammad Roshan 1 , Hossein Hamdi 2
1 - Associate Professor, Family Research Institute, Shahid Beheshti University, Tehran, Iran
2 - Ph.D. Student of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
Keywords: Child, Interest, Physical Integrity, Intellectual Civility,
Abstract :
The interest of the child means managing his affairs in such a way as to ensure the accuracy of his physical development and his moral and intellectual civility. The interest of the child arises of the particular physical and psychological state of the child because the child is not an evolved person but is on the path to becoming an adult and wise person. Therefore, the interest of the child is different from the interest of the adult man. For this reason, in conflict between preserving the child's psyche and preserving his property priority is by preserving his soul and intellect. Iran law and the United Nations Convention on the Rights of the Child have accepted this criterion. Because of the joinder of Iran to the Convention on the Rights of the Child, the Convention, based on Article 9 of the Civil Code, is governed by the domestic law of Iran, and it can be inferred from the interpretation of the existing laws and the completion of the reticence of the law, such as the time when the child withdraws from custody, to the present Convention, In this direction, it has been cited in some of the rulings issued to this Convention as one of the directions of the ruling.
1. Alfiumy A. Brilliant Lights. Qom: Dar al-Hijrah Publication; 1993. p.345.
2. Ibn Manzūr M. Lisan al-Arab. 7th ed. Beirut: Dar al-Beirut Press; 1956. p.384.
3. Mohaqiq Hilli J. Sharayeiah al-Islam. 4nd ed. Qom: Alislami Press; 1981. p.222.
4. Meqdadi M. The position and impact of expediency on the supervision of the child from the point of view of jurisprudence and law. Women's Strategic Studies Review 2011; 14(54): 176-179.
5. Al-Ghazali M. Selected from Science of principles. Beirut: Dar al-Arqam Press; 1995. p.174.
6. Tabataba'i M. The Principles of Philosophy and the Method of Realism. 2th ed. Tehran: Sadra Publication; 2014. p.119.
7. Ansari M. Kitab al-Makasib. 3rd ed. Qom: Alislami Press; 1994. p.577.
8. Grover S. Children Defending their Human Rights Under the CRC Communications Procedure on Strengthening the Convention on the Rights of the Child Complaints Mechanism. New York: Springer Press; 2016. p.110.
9. Liefaard T. Litigating the Rights of the Child The UN Convention on the Rights of the Child in Domestic and International Jurisprudence. New York: Springer Press; 2015. p.18.
10. Milne B. Rights of the Child 25 Years After the Adoption of the UN Convention. New York: Springer Press; 2015. p.16.
11. Naeini A. Collective Civil Law Negotiations. Tehran: The Research Center of Iran parliament Publication; 2007. p.776-777.
12. Motahhari M. Islam and the needs of time. 2nd ed. Tehran: Sadra Publication; 2014. p.13.
13. Marashi M. New Views on Islamic Criminal Law. Tehran: Mizan Publication; 2005. p.13-14.
14. Aristotle. On Breath. London: William Heinemann Publication; 1964. p.54.
15. Mulla Sadra M. The Senses. Tehran: Zohouri Publication; 1982. p.234.