Mother Tongue Education as a Right: An Analysis Through Theories of Justice and Hohfeld's Framework

Articles in Press

Document Type : Research Paper

Authors

1 Law Faculty of Shahid Beheshti University

2 Law Faculty, Shahi Beheshti University

Abstract

Legal systems worldwide exhibit divergent approaches to mother tongue education, and despite broad interpretations of international human rights instruments and Article 15 of Iran’s Constitution, a comprehensive theoretical framework remains elusive. This study addresses a pivotal question: Does mother tongue education constitute a claim-right, imposing positive obligations on states to actively guarantee it, or is it merely a liberty-right, requiring only negative obligations (i.e., non-interference)? To answer this, the paper examines the conceptual foundations of mother tongue education as a prerequisite for a just society, its classification within Hohfeld’s rights framework, and the resulting implications for governmental duties.

The authors argue that mother tongue education, under Hohfeld’s typology, functions not only as a liberty-right (obliging states to refrain from restricting it) but also, under specific conditions, as a claim-right. In the latter case, governments bear an affirmative duty to allocate basic resources—such as instructional materials and trained educators—to facilitate mother tongue instruction. By integrating theories of educational justice with legal analysis, this research proposes a balanced approach to reconciling linguistic rights with national and economic constraints. The findings underscore the need for policy frameworks that recognize mother tongue education as both a cultural entitlement and a fundamental right, ensuring equitable access while addressing practical challenges like funding and national cohesion.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 03 September 2025

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