Today many countries have taken measures to recognize the values, principles, rules and norms of human rights, adopting appropriate mechanisms to ensure their implementation and monitoring through a set of documents, doctrines, practices and institutions which are known as the international system of human rights. Under this system, in light of all rules of international law related to human rights, a protection system has been established which with all its principles and institutions seeks the ways to provide general public to benefit from the common global values ​​and to ensure respect for the human beings. The development of this system and consensus on the values, principles, rules and norms of human rights provide grounds for the universality of human rights which has its roots in inherent human dignity of people all over the world more than anything else. Thereupon the development of the international system of human rights of children, special protection of children in general and against acts that violate their rights in particular, has been recognized and universally accepted. This principle has been written into the constitutions of many countries but the constitution of the Islamic Republic of Iran is yet to integrate it. Mandatory family responsibilities, differential criminalization and passing specific penalization for behaviors that violate the rights of children, are the most important illustrations of the principle of special protection of children in public welfare, civil and criminal laws. People who are involved in the child's life the most are parents. Hence, the family is the most important factor in child protection. But can such a role and relation be considered as a justification for granting special rights and privileges to parents and other caregivers and consequently pave the way for deviating from the universal principle of prohibiting discrimination against children? Striking a balance between parental rights and children's rights in the family is the most challenging area related to child protection against victimizing within the family of which corporal punishment of children is one.
Referring to cultural relativism in countries that are committed to the implementation of United Nations documents in the context of criminal legislation on the one hand and being obliged to observe the religious rulings in this context on the other hand, make the balance very difficult to maintain. This article examines this issue in the light of international human rights and in general and specific documents about children in global and regional levels.