A Comparative Study of the Universality publicity and Freedom of Education in Iranian constitutional Law and International Documents with Emphasis on Conflict Resolution Methods

Abstract

The right of education is one of the most fundamental human rights recognized in the form of the second generation of human rights in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The Government of the Islamic Republic of Iran, as the state that has accepted these documents, is obliged to observe the provisions of international documents and to pay attention to the accepted principles and principles of this right in these documents. The Constitution of Iran, as the mother law, is the most important source and basis of the right of education; therefore, recognizing the right of education and accepting its principles in the constitution is necessary to protect this right. One of the most important and challenging principles of the right of education is Publicity and freedom of education, which in some cases has been ignored by the Iranian government and has been accompanied by reactions to human rights violations and international instruments.The purpose of this study is to examine the principles of Publicity and freedom of education in the Iranian constitution to determine in what cases these principles are in conflict with these documents? And what are the solutions to this conflict? In this regard, French education regulations are also cited as an example of foreign law.This research is a library and documents, using books, articles, internal regulations, international documents and the French Constitution, in an argumentative and analytical-descriptive manner and is a practical research that can be a way for the legislator to identify the right to education. The findings indicate that although these principles are enshrined in the Constitution, they are not comprehensive and effective, and in many cases conflict with international instruments and require review by the legislature.

Keywords

• right of education
• educational freedom
• public education
• conflict of laws
• positive rights