نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشآموخته دکتری، گروه حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 استادیار، گروه حقوق بشر، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
Legal systems worldwide exhibit divergent approaches to mother tongue education. Despite broad interpretations of international human rights instruments and Article 15 of the Constitution of the Islamic Republic of Iran—which declares the teaching of ethnic and local literature "free"—a comprehensive theoretical framework to elucidate the nature of this right and the consequent obligations it imposes on the state remains elusive. The central question of this research is whether mother tongue education constitutes a "claim-right," imposing positive obligations on the state, or is merely a "liberty-right," requiring only negative obligations (i.e., non-interference). This paper aims to answer this question by focusing on theories of educational justice and Wesley Hohfeld's analytical framework, thereby examining the nature of the right to mother tongue education and its impact on the type and extent of state obligations, ultimately proposing practical solutions for its guarantee within legal systems.
The Right to Mother Tongue Education in Light of Theories of Justice …
Methods
This research employs an analytical-descriptive method with an interdisciplinary approach (encompassing legal philosophy, human rights, and political science). The theoretical section utilizes conceptual analysis to investigate the philosophical and ethical foundations of mother tongue education in light of theories of justice, particularly Michael Walzer's "complex equality" and the capability approach of Amartya Sen and Martha Nussbaum. In the legal section, relying on Hohfeld's analytical framework, the nature of the right to mother tongue education (claim-right vs. liberty-right) and the resulting state obligations are analyzed. Legal data is gathered and scrutinized from international documents (e.g., the International Covenant on Civil and Political Rights, UNESCO's Mother Language Charter) and national documents (especially Article 15 of Iran's Constitution). Furthermore, the research background has been studied through a systematic search of academic databases and library resources.
Results
The findings indicate that the right to mother tongue education has a dual nature. On one hand, as a liberty-right, it obliges the state to refrain from interference and abstain from creating obstacles to the voluntary teaching of mother tongues. However, this study demonstrates that this view is insufficient for the long-term actual guarantee of this right and could lead to the erosion and extinction of mother tongues. On the other hand, under specific conditions and based on theoretical foundations of justice, particularly Walzer's theory, mother tongue education can also be asserted as a claim-right. Walzer, by criticizing "simple equality" (equal distribution of resources) and advocating for "complex equality," emphasizes that educational justice requires recognizing identity differences, including linguistic identity. Consequently, the state becomes obligated to provide the necessary facilities and infrastructure for the realization of this right, including supplying teachers, textbooks, and classrooms in the mother tongue. Analyzing Article 15 of the Constitution, by referring to the detailed minutes of the Assembly of Experts and a dynamic interpretation, suggests the existence of such a positive obligation for the state. Furthermore, the findings show that challenges raised against this right, such as threats to national unity or implementation difficulties, can be refuted and managed with empirical evidence from multilingual countries (e.g., Canada, India) and practical solutions like educational decentralization and state regulation.
Volume 18, Issue 1, Spring 2026
Conclusion
In conclusion, it can be argued that the right to mother tongue education, within the Hohfeldian framework, has a hybrid nature, encompassing both a liberty-right (state's negative obligation) and, under just conditions, a claim-right (state's positive obligation). The full realization of this right necessitates a transition from simple equality towards Walzer's complex equality. Practically guaranteeing this right not only enhances human dignity, reduces discrimination, and strengthens cultural identity but also, by increasing the trust and participation of ethnic groups, leads to more sustainable national cohesion and cultural enrichment of society. A practical and middle-ground solution for Iran is a gradual shift towards a decentralized educational system with a state regulatory role, phased budget allocation, and utilization of local capacities to simultaneously secure citizens' rights and address practical state considerations.
کلیدواژهها [English]
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