LAW eCommons

Issue Title

A Child's Right to a Name: An Emphasis on the Iranian Legal System

Authors

Abbas Mirshekari, University of TehranFollow
Alireza Fattahi Ketilate, University of Judicial Sciences and Administrative Services, TehranFollow

Abstract

This article provides an interpretation of the Iranian legal system in which individuals are free to choose their own name, unless the choice of a particular name is prohibited by law, depending on a concrete and reasonable justification. Accordingly, both the right of children to have a name and the right of parents to freely choose a name for their children will be explored. A parent's right to name can also be framed as an example of parental rights to their children; albeit a parent's right to name is constitutionally restricted by a principle prohibiting abuse of the right. In other words, the issue must be recharacterized as an act of parents on behalf of, and as the agents of, their children. If the name is not compatible with the child's interests, the child should be allowed to rename themselves. For this reason, the right of children to change their name at the age of legal maturity is justified. This article will examine the role of government, parents, and children in the naming process, with an emphasis on the Iranian legal system.

First Page

137

Recommended Citation

Abbas Mirshekari & Alireza Fattahi Ketilate, A Child's Right to a Name: An Emphasis on the Iranian Legal System, 40 CHILD. LEGAL RTS. J. 137 (2021).
Available at: https://lawecommons.luc.edu/clrj/vol40/iss2/5