A Comparative Study of the Right to Educational Justice Based on Shia Jurisprudence in Iran and International Law Documents

Although the right to educational justice is a type of human right , there is no single interpretation to achieve it in various social contexts. In this comparative research, using qualitative content analysis, we try to show that current laws in Iran have similarities and fundamental differences with international laws in interpreting the right to educational justice. The findings of the research revealed that there is less similarity between Iran’s upstream documents and international law documents regarding the right to educational justice. This similarity exists in the two components of compulsory and free education. In the six components of the origin of laws, meaning of educational justice, age of puberty, permission to establish educational institutions, teaching the mother tongue and right to choose education for the child, Iran’s legal system provides a different interpretation than what is accepted in international level. It seems that Iran’s upstream documents did not pay more attention to the right to educational justice in an all-round way, and it is necessary to revise it by the legislator according to the requirements of the times and to take advantage of the principle of ijtihad in Shia jurisprudence.