The Place of Interest in Convention on the Rights of the Child and the Family Law of Iran

Abstract

According to the explicit provisions of the Convention on the Rights of the Child 1989 (CRC) and the Family Protection Act of 1391, the best interests of children are at the top of all affairs. But Using expediency means exercising taste or view without Assessment case in the laws and decisions will shake of expediency.The child interest in CRC has elements Including communication with parents, attention to comments and views, Identity, Health, safety, Education and in each case, must be examined to achieve the highest child benefits. Therefore, the examination of these elements is necessary even in the same subjects due to the difference in children's conditions in judicial process. In the present article, by descriptive analytical method , an attempt has been made to explain the elements of Interests in the CRC and its application to the laws of the Iranian family, to greatly reduce the ambiguities in it and to clarify its main place, Iran's laws have explicitly introduced the family court and judges as the competent authorities. But, while confirming, CRC take into account the specialisation in the children's affairs, the Adequate facilities and providing the expert opinion to the judges as necessary factors to achieve the best interests. Therefore, attention, recognize and prioritize the elements of interest mentioned in the Convention on the Rights of the Child will largely prevent the adoption of personal interpretations of decisions related to children in Iranian courts and will provide the highest levels of child protection and care.