2
Associate Professor, Department of Public and International Law, Faculty of Law, University of Qom
10.22034/jml.2025.2059860.1462
Abstract
The right to a healthy environment, as one of the fundamental human rights, plays a vital role in ensuring the health, growth, and all-round development of children. Due to their specific physical and psychological characteristics and dependence on the surrounding environment, children are more vulnerable to environmental pollution and destruction. International human rights instruments, and in particular the Convention on the Rights of the Child, increasingly emphasize the need to recognize and guarantee this right for children and the obligation of governments to provide a suitable environment for their development. This article evaluates the position of children's right to the environment in the Iranian legal system using a descriptive-analytical method and a comparative study. The main goal is to explain the status of this right in Iranian domestic laws and compare it with the obligations contained in international and human rights instruments. Although Article 50 of the Constitution of the Islamic Republic of Iran considers environmental protection a universal duty and some scattered laws refer to aspects of children's health and protection, children's environmental rights are not recognized as an independent, explicit, and comprehensive right in the Iranian legal system and lack adequate enforcement guarantees and effective mechanisms for prevention, redress, and children's participation in environmental decision-making; in contrast, international instruments have created clearer obligations for governments to actively protect children's environment and ensure their access to a healthy, safe, and sustainable environment. Finally, to enhance the status of children's environmental rights in Iran, we need to clarify this right in domestic laws, formulate comprehensive environmental policies, strengthen monitoring and enforcement mechanisms, and further align laws and procedures with international human rights and children's rights standards.
Kashi Komijani,M. and Mashhadi,A. (2025). The status of children's right to the environment in Iranian law with regard to international and human rights documents. Modern Jurisprudence and Law, 13(23), 1-18. doi: 10.22034/jml.2025.2059860.1462
MLA
Kashi Komijani,M. , and Mashhadi,A. . "The status of children's right to the environment in Iranian law with regard to international and human rights documents", Modern Jurisprudence and Law, 13, 23, 2025, 1-18. doi: 10.22034/jml.2025.2059860.1462
HARVARD
Kashi Komijani M., Mashhadi A. (2025). 'The status of children's right to the environment in Iranian law with regard to international and human rights documents', Modern Jurisprudence and Law, 13(23), pp. 1-18. doi: 10.22034/jml.2025.2059860.1462
CHICAGO
M. Kashi Komijani and A. Mashhadi, "The status of children's right to the environment in Iranian law with regard to international and human rights documents," Modern Jurisprudence and Law, 13 23 (2025): 1-18, doi: 10.22034/jml.2025.2059860.1462
VANCOUVER
Kashi Komijani M., Mashhadi A. The status of children's right to the environment in Iranian law with regard to international and human rights documents. Modern Jurisprudence and Law, 2025; 13(23): 1-18. doi: 10.22034/jml.2025.2059860.1462