Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The right of children to privacy in Iranian case law and the Convention on the Rights of the Child

Document Type : Research Article

Author
Mahrooyeh Shoja Sangchooly
Master student of private law, Faculty of Law, Islamic Azad University, Karaj Branch. (Corresponding Author)
Abstract
The privacy of individuals, which is the privacy that is expected to be respected by law and order and to be protected from the intrusion of other individuals, is enshrined in Article 16 of the Convention on the Rights of the Child.This article has two groups of people;Prohibits parents and strangers from interfering with the child's privacy by stating that it is not possible to interfere arbitrarily or illegally. There is no specific definition of privacy in the domestic law of our country and the constitution only mentions some examples of it and in the approvals of children's rights,The legislature has considered instances of children's privacy only where a legal element is involved, and has not set any limits on the extent to which parents's influence in this space.Some people believe that giving privacy to children makes it difficult for them to be educated. In response, we can refer to the word "protection of the best interests" of the child under Article 3 and place education in the category of "higher interests of the child".As a result, where a child's privacy is at odds with his or her upbringing, upbringing is preferred and it is not necessary to observe the privacy of the manager and it is possible to enter this environment without legal prohibition. By providing a comprehensive definition of children's privacy and criminalizing those who violate it, the legislature can even stand up to the obvious attacks that occur because of the disappearance of this personal framework.
Keywords
Children
Privacy
Convention on the Rights of the Child
Education and Punishment
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  • Receive Date 01 November 2020
  • Revise Date 20 November 2020
  • Accept Date 10 December 2020