Investigating the Civil Liability of the Government for Violation of the Right to the Mother Tongue Education in Iranian and Common Law

Abstract

The basis of civil liability in Iranian law is mainly based on fault, which is included in the civil law on loss and cause, and in the civil liability law on the fault of both the deed and omission of an act, i.e., negligence, carelessness, and non-compliance with rules. Civil liability has been realized based on the theory of danger in the penal code, particularly in the case of medical liability. This liability has returned to the same fault in the recent penal code. Citizenship rights include privacy and personal security and the right to life, the prohibition of torture, the right to education for all Iranian people, including linguistic minorities, social security so that the life of every Iranian must be subject to the law and education should be guaranteed. Compensation for damages caused by violation of these rights sometimes has spiritual and, ultimately, financial consequences. Violation of the right to liberty leads to financial damages that must be compensated as much as possible. In the case of education, especially for linguistic minorities, violation of the intellectual right to education in mother tongue in early life caused education deprivation, lack of a suitable job, financial loss, and lack of equal opportunities, which the initial payment must compensate. Finally, some measures must be taken to avoid repeating the violation of those rights by passing restrictive laws guaranteeing severe performances. In this way, no person or entity, whether public or private, can violate those rights.