فصلنامه حقوق پزشکی
پیاپی 58 (پاییز و زمستان 1401)

International law, like other branches of law, does not emerge from a vacuum and does not necessarily appear loudly in the world of law. Rather, it is often revealed as a result of the imperceptible development of the values of a society as a result of new and deep-rooted ideas and turns into values that are a prerequisite for the development of social awareness; Until an inviolable belief based on confirming its legitimacy and legality is created. In this way, the "pre-normative" elements of international law, such as the interpretation of prominent non-state and non-judicial actors, including soft law documents, even if they do not constitute enforceable norms, are effective to the extent that they can be clearly witnessed in practice within the scope of the right to food. The role of different actors in expanding the information about the right to food to gain support for this kind of right and to strengthen this right in the main discourse and human rights is bold. This influence can be clearly seen in the development of the scope of the concept of the right to food to realize the progressive realization of this right by applying the theory of change and democratizing the realization of the human right to food.

This research is of a theoretical type and the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.

The realization of the right to food requires the adoption of a sustainable approach in production and distribution; this is achieved when, contrary to the previously established rules, based on the theory of change, a bottom-up approach replaces the dominant top-down approach in decision-making.

To further democratize the realization of the human right to food and human access to healthy and sustainable food, it is necessary to transition from the approach of food security to food governance, which leaves decision-making from farm to fork in the hands of the main stakeholders (consumers).

The widespread spread of the corona virus (Covid-19) has led to the infection of millions of people and the death of thousands of people in the world. This issue has raised the possibility or not of the government's civil responsibility for the corona disease as an important question and has become a benchmark for the efficiency and rationality of various scientific and religious systems and schools; So that it can be considered from many aspects, including jurisprudential-legal challenges. For example, we can mention issues such as the guarantee of sovereignty and the government's civil responsibility in life and financial damages, the application of the rule of quarantine and restriction of freedom, etc. This research examines and explains the jurisprudential-legal foundations of the government's civil responsibility in the Corona crisis.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.

According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.

Conflict of interest (COI) management and corruption control in settings that government is (at least) one of the main players has always received special attention of legal systems. Undoubtedly, this is especially important in the field of health, which has a susceptible exposure to corruption due to its high financial turnover and also since it is one of the most important and basic human welfare needs, which requires proper management by the governments. Hence, this study aimed to, first identify challenges of managing (COI) in licensing process of medical institutions in the Iran’s health rights system and, secondly to propose solutions that can address the gaps and maximize the rights of the nation.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: 

Throughout the present study, scientific integrity and fidelity have been fully observed.

The findings indicated incompatibility of the current mechanism of establishing medical institutions and their licensing process with the current requirements and high economic attractiveness of institutions and the imbalance between supply and demand have created challenges for (COI) management, indicating the necessity of healthcare reforms.

Reforming establishment process of medical institutions such as need to register legal entities in cases of multiple establishment applicants or the removing the restriction on the need for the applicant to be a physician, along with reviewing the competencies of the commissions of Article 20 of the "Food and Beverage Law approved in 1955" and its replacement with a coherent and systematic structure and organization, along with precise monitoring mechanisms, can have positive results in fighting the (COI) in this sector and consequently attracting the maximum amount of private sector capital in the health system and guarantying the citizens' right to health.

The issue of non-halal therapy is one of the important topics of medicine in Islamic societies, which is necessary, to be examined from a jurisprudential point of view. Prohibiting the use of taboos and complying with Shariah rules sometimes make the patient face difficulty and difficulty in treatment. Based on this, the question is raised, how the legitimacy of non-halal therapy can be justified by referring to the rule of "Hardship brings ease?" In what case does it become the basis for a therapist's license? While criticizing and examining the arguments of the opponents of non-halal therapy, the legitimacy of therapy in two stages of the patient's difficulty in accessing and using halal was examined. The presence of obstacles such as sanctions, hoarding of medicine and its supply at exorbitant prices, lack of a same-sex doctor or exorbitant costs of visiting a same-sex doctor makes it difficult for the patient to receive halal treatment. Also, sometimes the type of halal treatment may cause the patient to face difficulties in the treatment due to some reasons. In this article, while accepting the basic principle of halal treatment and prohibiting haram treatment for patients who have halal medicine easily available to them, with reference to verses, narrations and rational evidences, the causes of the patient's suffering and the ways outof the resulting losses have been investigated.

The thinking method of this research is descriptive-analytical and the library data collection method was carried out using Shia and Sunni jurisprudence books.

Ethical Considerations:

 In all stages of writing, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.

Fear of use, lack of permission and excuse in access to permission are among the examples of difficulty and embarrassment in treatment.

The fear of death, organ failure, exacerbation and spread of the disease are among the losses that the removal of such losses causes to replace solutions in treatment; which, despite its original sanctity, its sanctity is negated by referring to the rule of "Hardship brings ease".

One of the new and emerging issues that have been discussed in the last few decades is the freezing of a human body suffering from an incurable disease for reviving with the advancement of science in the future. In order to save their lives, these people are trying to save themselves from certain death caused by their disease, by doing this. The effects that this action has on their legal life have caused scholars to examine the legal effects of this action. In this article, we are looking for the effect of this action on revocable contracts.

This article is written in a descriptive-analytical way using library resources and referring to scientific books and articles.

Ethical Considerations: 

In this research, ethical principles and scientific trustworthiness have been respected.

According to jurisprudent, in the dissolution of permissible contracts due to anesthesia, the dissolution of revocable contracts due to Cryonic can be deduced.

Revocable contracts, which are against irrevocable contrasts, are destroyed by the death and incapable of the parties. In relation to a frozen person, despite the fact that she/he is considered alive, valid contracts made before freezing are dissolved. The reason is that, like death or incapable, freeze is not one of the cases of dissolution of contract and it is not specified in the civil code but according to jurisprudent, in the dissolution of permissible contracts due to anesthesia, the dissolution of revocable contracts due to Cryonic can be deduced and as a result, Cryonic, like the condition of a person who has gone into a coma, is the cause of a person's disability and termination of consent and dissolution of the contract.

The rules for compensating the losses caused to consumers and identifying the responsibility of manufacturers of defective pharmaceutical products and unsafe vaccines 19 have an important position in order to compensate the losses. Regarding the non-contractual liability system, in general, two solutions can be considered: in some countries, such as Iran, the responsibility of the producer is based on fault and this is in the case that in some countries, such as the United States and England, The responsibility of pharmaceutical manufacturers, including vaccines, is based on the rule of pure responsibility. The most important goals of this research are divided into three categories: the main goal is the comparative study of the role of the civil liability system in the safety of the Covid-19 vaccine and the secondary goals of the research; Investigating how to compensate the victims of the Covid-19 vaccine and investigating the civil liability system is pure.

The method of this research is descriptive-analytical; the method of collecting materials is library and documentary.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

The most important findings of this research is that the first step in the direction of protecting the victims and consumers is to pass appropriate laws and regulations so that first, the distribution and consumption system is organized in order to avoid material and spiritual losses due to lack of health. and the safety of manufactured products in the field of pharmaceutical products and especially the vaccine of the Covid-19 virus to be prevented and secondly, in case of losses, it is possible to effectively compensate the rights of the injured parties through the guarantee of appropriate executions in an easy and fast way. Did Thirdly, transnational companies can take actions in social development.

Finally, it can be concluded that the damage caused by the injection of the Covid-19 vaccine and other vaccines should be compensated, although the governments have foreseen different methods in this regard.

Some of food producers use legal or illegal drugs and growth stimulants in order to gain more profit because of increasing production efficiency. Considering the variety of drugs and growth of stimulants used by the manufacturers and the extent of these crimes’ effects as much as the society’s people and even its impact on the future generation of the society of one hand, and with the aim of protecting the citizens of the other hand, it is necessary to gain an effective criminal policy in preventing such crimes via identify the MRL (maximum amount of remaining pharmaceutical substances in proteins) and criminalization of its violation in domestic laws, while implementing criminal justice.

In this article, while defining MRL and its effect on food consumers as well as examining the way these crimes are committed and their potential in current laws, the need to identify MRL and criminalize it in Iran law system is investigated with a descriptive and analytical method.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

At the national level, due to lack of a precise definition of MRL and identification of the drug residue and growth stimulants level in food as well as presence of a legal gap in relation to these crimes, the legislator should protect the citizens and the future generation by defining the MRL and criminalizing its violation.

It can be concluded that at the level of domestic laws, despite the potential in the food and drink law, it is practically not possible to deal with the crimes related to presence of pharmaceutical residues in food due to lack of MRL recognition and its standard level.

The right to public health and well-being is one of the inalienable human rights that the government is obliged to provide and its related means. Public vaccination is one of the important tools of this right. Vaccination is mandatory in certain circumstances along with the determination of criminal and civil executive guarantees. In the research, we will investigate the legal possibility of forcing people to inject (coronavirus) vaccine in Iran's legal system.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Mandatory vaccination has a long history and has been observed throughout history in different societies during epidemics. With the emergence of the corona virus in the world and the need to end this dangerous epidemic, various countries of the world, including Iran's legal system, have moved towards the implementation of "compulsory vaccination" mechanisms.

Iran's legal system, in the form of a headquarters called the National Headquarters for Fighting Corona, is responsible for approving and communicating various regulations, including the requirement to inject vaccines. In the meantime, many supporters and opponents have discussed the possibility of this requirement. Opponents of this resolution have cited the powers of the National Headquarters to deal with Corona, the right to freedom, privacy and respect for sovereignty and rejection of compulsory vaccination. Proponents of this issue also point to the principle of welfare and benefit, collective interests, the principle of harmlessness and legal patriarchy, which is also considered the basis of criminalization.

The Scientific and Cultural Organization of the United Nations, which is briefly called UNESCO, is one of the specialized organizations affiliated to the United Nations and the goal of this organization is to contribute to global peace and security through international cooperation in the fields of education, science and culture. In order to increase respect for justice and human rights, it is based on the United Nations Charter. So far, UNESCO has carried out related and direct activities in the field of medical ethics. This article examines three global declarations issued by UNESCO, which were compiled in the field of bioethics and medicine and evaluates what role UNESCO's global declarations have played in supporting and promoting medical ethics and whether this organization is the right institution to lead this project. Has it been or not? By evaluating these cases, we can reach conclusions about the importance of these announcements.

This article has been written in analytical-descriptive form using library resources.

Ethical Considerations: 

This research has been carried out in compliance with ethical and trustworthy principles

One of the most important and influential institutions in the field of medical ethics is the scientific and educational organization UNESCO and in three declarations issued by it, issues such as human dignity, freedom and privacy, patient satisfaction, etc., which are among the important topics of medical ethics are, has taken place.

UNESCO's three global declarations are an important step in the search for global ethical standards. Given the sensitive nature of bioethical issues, the fact that almost all countries have reached a comprehensive agreement on this issue is itself a major achievement. Although these three declarations are non-binding documents, however, time and government practice may turn them into binding documents.

One of the main infrastructures of the right to life, which is one of the clear examples of human rights, is the right to health and hygiene, which is known as the basis for the realization of other generations of human rights at the world level. In this way, human health can affect the enjoyment of other rights and be affected by indifference and violation of other human rights standards.

This research is theoretical and the research method is descriptive-analytical. The method of collecting information is library-based and it is done by referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The United Nations and the World Health Organization, as a general and specialized international organization, have been successful in many of their missions and goals in the field of human health, and in those subjects and areas where the goals or the World Health Organization have the opportunity to achieve or advance. Obstacles to the realization of these ideals should be looked for in poverty, illiteracy, unemployment, stagnation, corruption, discrimination and lack of democracy in some societies and countries.

In order to overcome the problems ahead, the World Health Organization should gradually encourage the governments to interact and cooperate to improve the level of human health in order to achieve its high and humane goals faster.

 Transsexual is a type of gender disorder in which the trans person's outward gender is in conflict with his or her real gender. Recognizing the true gender of transsexuals can have significant results in relation to the victimization and delinquency of these people, especially in sexual crimes. Therefore, in this research, the author's goal is to investigate the position of transgenders in Iran's criminal laws and to present jurisprudential and legal solutions to reduce punishment in sexual crimes. The importance and necessity of conducting the present research is that its achievement can be a legal justification for preventing the execution. Therefore, the main discussion of the current research is what is the basis and criteria for punishing transgenders in sexual crimes?

 This research is theoretical and the research method is descriptive and analytical. And the method of collecting information is in the form of a library and is done by referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

 The apparent gender of trans people is different from their real gender, in such a way that an apparently male trans person is considered a woman in terms of brain and hormonal structure and mental and nervous behavior. It brings the necessity of specific legislation in specific circumstances, on the other hand, in gender change, religious scholars and legislators have recognized the real gender. Therefore, internرal gender can also be considered in criminal matters.

 The discrepancy between the apparent and real gender of trans people, and according to jurisprudence and legal principles and rules, the justice of necessity is that at least in the sexual crimes of transsexuals, their real gender should be the criterion, because this can remove or reduce the punishment. In the end, along with proposing to amend the laws, solutions have been provided to prevent possible abuses, such as medical tests, issuing true gender identification cards, recording and monitoring the behavior of trans people, etc.

Abortion is one of the problems in many societies, which has always been the subject of debate and disagreement in Iran. The purpose of this article is to examine the question of whether abortion is permissible from the point of view of jurisprudence and law in situations of danger to the mother's health. In other words, how can the clash of life and health of mother and fetus are analyzed from the perspective of jurisprudence and the law of family support and the youth of the population?

The present paper is descriptive and analytical using  the library method.

Ethical Considerations: 

In all stages of writing the present study, the originality of the texts, honesty and trustworthiness have been respected.

The findings of the article indicate that there is no difference of opinion among jurists regarding the conflict between the life and health of the mother and the fetus, but the view of the majority of jurists is to protect the health of the mother. Based on this, in the situation of hardship and embarrassment and danger to the mother's health, saving the mother's life is a priority. From the point of view of the Family and Youth Protection Law, when the condition of the mother becomes unstable, such as in cases where, according to the doctor's opinion, the survival of the pregnancy causes the death of the mother, this condition can be carried to the state of necessity; Because the life and life of a person who currently exists abroad is at risk.

The youth plan of the population has practically limited the conditions of abortion in case of conflict between the health of the mother and the fetus to the fatal cases of the diseases and has eliminated the cases with very difficult treatment which usually cause embarrassment. In this way, it has complicated the controversy and deprived the mother of the right to choose not to give birth to a baby with abnormality through difficult treatments.

The need to respect patients' autonomy is one of the principles of medical ethics. The content of this principle can be seen in different forms and expressions both in Deontology and Consequentialism, but it's position and moral and legal obligation does not seem to be the same in each of them. Therefore, the authors of this article, as the research aim, examine the position of autonomy in the consequentialist approach and compare it with the same concept in other ethical approaches.

This research is a theory and the research method is descriptive-analytical and the method of collection is library and it is information by referring to documents, books and articles.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

Autonomy is traditionally recognized in the Deontological view, but it is not mentioned under this title in the consequentialist approach. On the other hand, what is known as "individualism" in consequentialism is largely related to the principles of Autonomy. Also, a new reading of autonomy, called Relational Autonomy, can be seen in the literature of medical ethics and law, along with traditional (individual) autonomy.

What is known as Individuality in consequentialism "from an internal and self-determining point of view" is valuable and has less legal aspect than autonomy. Also, the authors of the article have introduced a new reading of autonomy called relational autonomy next to traditional (individual) autonomy. In the new reading, the patient's decisions in important and decisive matters of treatment, instead of relying on the patient, are made in a relational manner and by obtaining opinions from his relatives and family and even in some cases from consultants and medical practitioners.

It is clear that the right to life is the most important human right. The right to health is one of the fundamental rights of human beings, which is raised in order to guarantee the right to life. One of the important and basic rights that is mentioned under the right to health and is recognized as one of the most important rights in order to achieve the right to health is the right to access medicine. The purpose of this study is to examine the criminal responsibility of the heads of state in the field of violation of the right to access to medicine.

This research is descriptive-analytical and library information collection.

Ethical Considerations:

 Scientific trustworthiness has been observed in all stages of the research.

In international human rights documents, the right to access medicine is not explicitly mentioned as a fundamental right; But the right to health, which is one of the fundamental rights, also includes the right to access medicine. The right to access medicine (in the form of a more general right to medical care) is considered a fundamental human right. This right has been supported both independently and implicitly, in the form of the right to medical care, in various international documents. The criminal responsibility of the heads of state can be examined in this context, and the analytical examination of international documents is the way forward.

Deliberately placing a group in an inappropriate biological situation that leads to their total or partial deterioration is one of the material elements of genocide. In fact, the indirect destruction of a group by placing its members in harsh living conditions that sooner or later will lead to their destruction. Among the examples of this action, we can mention poor nutritional status, systematic expulsion from the place of residence and reduction of essential medical services. One of the heinous international crimes based on Article 7 of the Constitution is crimes against humanity, which is one of the examples of crimes against humanity if the heads of governments deliberately deprive a population of medicine in order to destroy them. Unlike crimes against humanity, any serious violation of international humanitarian law is considered a war crime as stated in Article 8 of the Statute. In this regard, omission such as not providing necessary medical care can be included in war crimes. The spiritual element of this crime can be intentional or negligent; Therefore, the conviction of the heads of state for committing these crimes regarding the lack of supply of medicine to civilians and the injured is likely. Causing great pain and suffering or serious injuries to the body or health is one of the actions leading to a gross violation of the Geneva Conventions, which is in the category of war crimes. Depriving civilians as a method of war by depriving them of the property that is necessary for their survival (such as medicine) is also a war crime and has become a customary rule in the practice of governments.

Nowadays, due to the complexity of surgical operations and also the role of speed in these operations, the contracting party's doctor hires a team of assistants and nurses to fulfill his commitment; During the operation, surgical equipment such as gas sterile may remain inside the patient's body. Now the question is who is responsible for this medical error?

This essay was written with a descriptive-analytical method and using legal and jurisprudential library sources.

Ethical Considerations: 

This research has been carried out in compliance with ethical and trustworthy principles.

Examining the following issue of coercive liability will give us the answer that the nurses (scrub and circular) are one of the responsible persons in this case because they did not perform their duty correctly regarding the task of counting, so the damage is attributed to them. In addition, the doctor or the person who is responsible for removing the surgical instruments will be jointly responsible with the nurse in case of fault.

As a basic rule in jurisprudence and law, the claim of damage by a third party will not create liability for the obligee or the doctor unless this responsibility is explicitly or implicitly stipulated on the obligee. Contrary to the laws of other countries, the contractual responsibility resulting from the act of another cannot be raised as a principle in the laws of Iran. As a result, only the person to whom the damage is attributed is responsible for compensation. There are similar solutions for the liability of the contractual obligee in case of damage from a third party, which can be proposed in the form of a condition in the contract and a government decree.

The tendency to be beautiful is one of the inner desires of human beings, for this purpose, cosmetic surgery is performed in addition to repairing the appearance defects, with the aim of maintaining the mental-psychological balance of the person. But the main challenge is that the pregnant lady (both the real mother and the contract mother) by insisting on the right to reign over her organs, due to the injuries caused by various accidents during pregnancy, intends to undergo cosmetic surgery in combination and at the same time. Do therapy along with surgery. This issue is incompatible with examining the statement that any positive or negative behavior of the mother affects the health of the fetus, thereby preventing the right of the fetus to health. The purpose of the discussion is to state which one is preferable in the conflict between the right to beauty of the pregnant mother and the right to the well-being of the fetus.

The current research is evaluated with the descriptive-analytical method and the use of library studies, the solution to the clash of rights.

Ethical Considerations:

 The current research has been compiled in compliance with the principles of ethics, trustworthiness, honesty and originality of the texts.

In solving the conflict between the rights of the mother and the fetus, taking into account the heavy weight of the right of the fetus, preferring the least harm to the most harm, taking the important and leaving the important and expedient rulings, the right to the well-being of the fetus is a priority. Relying on medical data, cosmetic procedures requiring the use of injectable anesthetics due to negative effects on the fetus, sclerotherapy due to passing through the placenta, fillers and waxing are not allowed due to the lack of evidence of their safety in pregnant patients. The use of local anesthetics and peels is relatively safe compared to the above; however, caution should be taken during pregnancy.

The answer to the health of the fetus compared to the distorted symmetry habit of pregnant women, therefore, reconstructive-cosmetic surgery during pregnancy is a priority for them.

According to general principles, the right to treatment exists equally for all members of the society. However, by the epidemic of the new disease such as Corona and by attention to its special features such as lack of knowledge of definitive treatment, lack of medical equipment appropriate to the large number of patients and inability to predict the patient's recovery or deterioration, the possibility of full enjoyment of this right seems so difficult. Therefore, in the assumption of being two critically ill patients and in need of life-saving treatment and absence of necessary facilities, the possibility of priority and select of patient, the criteria of preference and determination of the limits of civil liability of the medical staff are very important and need jurisprudential-legal analysis.

In this research trying to consider the issue in foreign and internal legal systems by descriptive-analytical method.

Ethical Considerations:

in the present study, adherence to the scientific method, ethical principles, fiduciary, duty and intellectual and intellectual property have been respected.

Although the medical staff has the right to prioritize the treatment of patients, but the criteria of priority and preference of patients are not clear. It seems that a set of individual and social criteria that are appropriate to the circumstances in each case can be helpful in determining the patient selected for treatment.

Research findings indicate that in some of foreign legal systems such as Britanie, the regulator  mentioned expressly to the possibility of priority to the medical staff by passing special instructions, so in the inner legal system despite the fact that the legislator does not stipulate specifically, according to the principles of Islamic law and Imami jurisprudence, including the rule of "giving priority to the most important" and also in order to protect the general interests of the society, the medical staff can prioritize patients with the higher possibility of survival in treatment and if priority is given to treatment, they will have no civil liability.

Air pollution and the damages caused by it in the city of Tehran are considered as one of the main problems of the urban area in the shadow of the existing laws in this field. One of the causes of damage to the environment is air pollution due to human activities. Actions that sometimes take place intentionally and with awareness and sometimes unintentionally in nature and cause its change or destruction. From a legal point of view, it is important to check the existence of responsibility for these actions. Responsibility for air pollution in regulations and laws guarantees civil and criminal enforcement. Looking at the existing laws and the necessity of interdisciplinary legal debates and the lack of research in this field, constructive suggestions are made to solve the problems of this field.

The present research was carried out using a descriptive-analytical method and by collecting information in a library form, and it is trying to investigate the guarantee of legal and criminal executions for the causes of air pollution.

Ethical Considerations:

 Despite the lack of sufficient internal resources, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.

One of the causes of damage to the environment is air pollution due to human actions. It should be mentioned that the responsibility due to air pollution exists in civil and criminal regulations and laws. However, it seems that due to the importance of this issue, the guarantee of enforcement in the laws is not enough, and new regulations should be established regarding liability cases in the civil field and punishments in the criminal field.

In the field of air pollution, which is one of the main causes of damage to the environment, there are many provisions in Iran's laws and regulations. This provision exists both in the main laws such as the Constitution and in other criminal and civil laws, but more than the existence of laws, the possibility of implementation and the manner of implementation of these laws are important. From the civil point of view, the area of responsibility for the factors that cause air pollution is possible through the general rules of civil liability, such as the existence of damage and the relationship of causation, it is possible to file a lawsuit and claim damages. First, in many cases in this field, it is difficult and sometimes impossible to prove the three cases of civil responsibility. In the criminal field, there are also laws related to air pollution punishing by imprisonment and closing the polluting center or preventing the traffic of polluting vehicles. In addition, some punishments such as fines can be combined with other punishments to have a better effect. In addition to the mentioned cases, it can help a lot due to the intertwining of the law and ethics of culture in the field of this issue.

"Mother" is the full point of regulations in abortion treatment. In the family and youth protection law, the legislator removed the scope of abortion treatment by adopting a strict and limited approach and the incurable disease of the fetus from the examples of abortion treatment, however, this situation causes embarrassment to the mother. This possibility exists only in the case of an incurable disease of the fetus and the danger of the mother's life. A situation that not only embarrasses the mother, but also puts the child in a difficult situation. While, in the matter of abortion, the goal is to balance the interests of the mother and the fetus. In this field, the legislator should create an ideal balance between the right of the mother to spend her pregnancy and the right to the life of the fetus, as a fundamental right. This balance can be created by creating a correct border between therapeutic abortion and criminal abortion.

This research was done using descriptive-analytical method.

Ethical Considerations: 

In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.

Modern social needs require the legislator to expand the field of abortion to other cases where there is a clear risk to the mother or the fetus, whether the pregnancy has a legitimate or illegitimate origin.

It is clear that economic, social and cultural situations are not fixed; the rules governing them also change. In a situation where there is a narrow border between health and crime, it is appropriate for the legislator to take appropriate measures to remove some cases of abortion from the criminal field to medical treatment, taking into account various considerations. In this regard, selfish insistence on the goal of population growth and exclusive use of some jurisprudential opinions ends up at the cost of sacrificing the health of the population and disrupts the desired ideal balance; It is necessary to aim for the quality and dynamics of the population. A goal that is not far away; Maximum use of jurisprudential opinions and optimal use of the opinions of contemporary thinkers are the way to achieve it.

In the discussions about the legal status of the transsexual individuals following gender reassignment, not only the verdicts pertinent to the individual him or herself but also those pertaining to the other individuals who are entitled to certain rights due to familial relationships would undergo changes. Amongst the numerous legal discussions about this subject, the proctorship and custodianship statuses of the children are of great importance due to the sensitivity of their positions with an emphasis on the principle of expediencies and exigencies.

This is a theoretical research using a descriptive-analytical method; the information has been gathered through documentary library studies.

Ethical Considerations: 

The documentations and the investigations of them have been carried out in adherence to the ethical considerations in all the study stages, including data gathering and analyses.

Some rights are influenced by the gender but, of course, with the observance of fairness between men and women; so, the specific rights of each of the spouses should be specified based thereon in the families hence they are variable. Amongst the parents (spouses)’ acquired rights is the proctorship and custodianship of the children and the decision-making in this regard is based in every legal system on the perceptions of that system about the children and the concept of childhood as well as the enjoyment of certain effective scales. In Iran’s legal system, this scale has been considered under the title of "expediencies".

Considering the fact that the primary pivot of the discussions about the children’s proctorship and custodianship is their expediencies, each of the parents can keep on holding their children’s custodianship and proctorship in case that gender reassignment does not cause any physical damages to the children otherwise these rights are aborted. In case that the gender reassignment is found not causing harms to the children, there would remain no reason for the abortion of such a right. Of course, the abortion would be ruled if otherwise is proved.

Although abortion for medical and therapeutic purposes is accepted in most countries, but all countries consider criminal abortion as a reprehensible matter and have determined punishments for the perpetrators of this behavior in their criminal laws. However, the increase in the number of criminal abortions in recent years has made the necessity of dealing with this phenomenon more clear. The present study, while examining the changes made in the "Protection of the Family and Youth of the Population" law approved in 1400 in relation to abortion-related crimes, identifies the latest developments in Iran's criminal policy in this regard.

This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The "Protection of the Family and Youth of the Population" law approved in 1400 has brought about important changes in relation to criminal abortion and related crimes. Among these changes, it can be mentioned that the punishment of the perpetrators of these crimes and the determination of new criminal titles in this area have been intensified.

Examining the changes applied in the "Protection of the Family and Youth of the Population" law approved in 1400 shows that Iran's legislator has taken a stricter approach in dealing with criminal abortion and related crimes in its latest criminal policy.

Since the first fatwa on the permission to reassign the sex of transsexuals, the legislator still has not had a clear approach regarding the situation of transsexuals. The "family protection act" considered sex reassignment surgery as the criteria to identify transsexuals. However, the "protection of children and juveniles act" considered sexual identity disorder as the criteria. Nonetheless, it seems those insufficient and inefficient approaches are caused by the lack of efficient theorizing. On the one hand, efficient theorizing depends on correct thematic analysis and on the other hand, the correctness of the thematic analysis depends on finding valid references and making accurate criteria for identifying the issue. Therefore, the first step in theorizing and passing this legal challenge is the thematic evaluation of the gender of transsexuals.

The research method is descriptive-analytical and data collection has been done in a library.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The criterion of Muslim scholars of Islamic jurisprudence for gender subjectology has been the apparent gender (especially sex organs) and the reference for gender identification has been considered common sense. On the contrary, the new approach emphasizes gender identity and the opinion of gender experts for identifying transsexuals' gender.

The criterion of gender identity, in addition to being efficient in identifying transsexuals and separating them from other similar conditions, is free of abstractions due to specialized accuracy and therefore can help the legislator in solving legal gaps and adopting a clear approach in identifying transsexuals. From the point of view of jurisprudence, it is possible to accept this approach by using the capacities of dynamic jurisprudence and pass dogmatism and static thematic.

The wounded and sick people of armed conflicts are among the people who are most vulnerable during the conflict and they die due to reasons such as the lack of special facilities and conditions in the conflict areas. In this article, an attempt has been made to examine the question of what rights the sick and injured in armed conflicts have in jurisprudence and international humanitarian law.

This paper is descriptive and analytical and the library method was applied.

Ethical Considerations:

 In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

The findings of the article indicate that both in jurisprudence and humanitarian law standards, the support of the injured and the sick has been emphasized. The Geneva Conventions and Protocols contain specific provisions regarding the necessity of support, care and respect for the wounded and sick of armed conflicts. According to these rules, all parties and governments involved in conflicts and even neutral governments are committed to take necessary measures to treat and care for the wounded and sick. In jurisprudence, the killing of the wounded and the sick is prohibited and the necessity of taking care of them is specified.

The importance of caring for and supporting the wounded and sick requires that medical personnel who intend to help the wounded and sick in armed conflicts also have support.

In today's society, domestic violence is very common as one of the social problems and children are also greatly affected by this violence. Therefore, it is very important to guarantee the right of vulnerable children to sue against domestic violence.

This article is practical in terms of its purpose and the challenges in this field are examined through the descriptive-analytical method and using library tools and solutions are presented to protect the rights of children who are victims of domestic violence.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Among the solutions to prevent domestic violence against disabled children and provide justice for the victims that are presented in this article are the provision of special training for disabled children and employees of the judiciary, increasing public awareness, removing or amending violent laws, the need to access Disaggregated statistical data, guaranteeing accessibility and conventional assimilation in support and prevention programs, following the recommendations of the Committee on the Rights of Persons with Disabilities to member countries, the presence of non-governmental organizations and resolving disputes online, which are discussed in the text of the article.

In general, guaranteeing the right of vulnerable children to sue against domestic violence requires cooperation and coordination between the government, society and families. By implementing appropriate strategies, this right can be guaranteed for children who are victims of domestic violence and protect them from the negative effects of this violence.

Legitimate expectation, as one of the principles of administrative law, has entered other areas such as private law. This principle includes a set of normal and reasonable expectations of citizens, which is supported in the jurisdiction and is legitimate and respected. In medical law, whether from the perspective of the physician or the patient, such an expectation exists and requires the attention of the relevant authorities.

This research is written in a descriptive-analytical way by considering, reviewing and analyzing existing legal sources such as books, articles and laws and regulations.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The legitimate expectations of the medical community can be examined in two areas: physician and patients. In the field of doctors, setting the tariff based on the level of education and the provision of physician' services and the differentiation in it is the lack of responsibility in the assumption of professional actions and in line with the patient's interests. Legitimate expectations of patients are also such as providing necessary information in the field of complications and type of disease and preventing the implementation of illegal custom.

Paying attention to the legitimate and conventional expectations of Physicians and patients is not only inexpensive and easily affordable, but it also prevents serious injuries that result from non-compliance and improves medical rights. Taking under the table and referring to people without medical ability and sometimes incorrect treatments are the consequences of not paying attention to the legitimate and conventional expectations of the relevant groups.

In addition to the medical dimensions and the numerous social and economic effects that followed, the corona virus (Covid-19) pandemic also brought many issues from a legal point of view, including the non-fulfillment of contractual obligations, which is still a matter of discussion and opinion. The purpose of this article is to compare the legal nature of the non-fulfillment of contractual obligations due to the Corona pandemic in Iranian legal system and international documents.

This article has been written descriptively-analyticaly using library resources.

Ethical Considerations:

 This research has been done be observing ethical principles and trustworthiness in using the available sources.

The findings indicate that in Iranian law, under the conditions of non-execution of the contract, it is possible to resort to the rule of force majeure and hardship and Corona can be considered as an example of force majeure. In international documents such as Unidroit and the Convention on the International Sale of Goods, the possibility of non-fulfillment of contractual obligations due to the pandemic-corona is possible among the examples of the force majeure and can be explained in the form of theories such as hardship and the difficulty of contract implementation.

There is a great similarity between Iranian law and international documents regarding the non-fulfillment of contractual obligations due to the pandemic, although in international documents, force majeure and especially the difficulty of contract implementation have been more clearly addressed.

Please cite this article as:Marandi B, Rafiei MT. A Comparative Study of the Legal Nature of Non-Fulfillment of Contractual Obligations Due to the Corona Virus Pandemic in Iranian Legal System and International Documents. Medical Law Journal. 2023; 17(58): e27.

Global pandemic crises, like Corona are one of the most important threats to citizens' health and safety. In the present paper, an attempt has been made to examine the obligations of governments in protecting citizens against epidemic diseases from the perspective of jurisprudence, international law and documents.

This paper is descriptive and analytical and the library method was applied.

Ethical Considerations: 

In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

The findings of this study indicate that according to jurisprudence, domestic laws and international documents, governments are committed to ensuring the public health of their citizens in the face of pandemic crises. In jurisprudence, rules, such as the government's responsibility to ensure the welfare of citizens, the necessity of preventing possible harm and also acting on the basis of the rule of non-harm are the basis of the government's obligations in this field. In Iranian law, several principles of the constitution and five-year development plans emphasize the government's commitment to ensure the right to citizens' health. In international documents, the Universal Declaration of Human Rights, the Covenant on Civil, Social and Economic Rights approved in 1969 and the resolutions of the Security Council in dealing with AIDS, Ebola and Corona are among the most important specific legal sources of governments' obligations towards citizens in the face of pandemic crises.

Despite the acceptance of governments' obligations to protect citizens against epidemic diseases, the implementation guarantee for these governments' obligations has not been defined, especially in the international arena.

Today, compensation for damages caused by the failure to provide pharmaceutical information to consumers is one of the newest legal issues. In this research, an attempt is made to examine the nature and legal sources of civil liability resulting from the failure to provide drug information by drug manufacturers and distributors to consumers in the laws of Iran, France and England.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the research show that failure to provide essential pharmaceutical information to consumers in Iran, France and England by drug manufacturers and distributors can cause the contractual or non-contractual civil liability of the operators of these centers.

In Iranian law, based on articles of special and general laws, including the Consumer Rights Protection Law approved in 1388, the basis of civil liability of manufacturers and distributors of goods such as drugs is fault-based liability; this issue is going to be a conflict facing to the legal developments in advanced countries, it is, thus, required to be reviewed by the Iranian legislature. In French law, based on Article 1386 of the Civil Code and also the doctrine and judicial practice of this country, the civil liability of the operators of these centers is based on pure fault. In British law, as in France and based on various articles of the relevant laws of this country, including the Consumer Rights Protection Law approved in 2015, the basis of the civil liability of manufacturers and distributors of goods, including medicines, in this country is pure liability.

United Nations Children's Rights, according to Article 24, it has recognized the right of children to have health and health care services and has emphasized the right to sustainable development in order to realize health and health care.Although progress and development in the goals of the 2030 Agenda, this area covers children, but it is not clear that it can have a sustainable development with the spread of diseases! Despite the importance of this issue, little work has been done at the national and international level regarding the issue of children's health in the spread of infectious diseases such as Corona (Covid-19). . Therefore, this research examines children's right to health with emphasis on the right to sustainable development in the spread of infectious diseases from the perspective of international law.

This research has been compiled using library sources and descriptive analytical research method.

Ethical Considerations:

 The present research has been written with respect to ethical principles, trustworthiness and honesty.

Introduction to the Universal Declaration of the Rights of the Child (1959), introduced development as one of the comprehensive concepts in terms of social growth and improvement of living conditions and freedom. According to the Convention on the Rights of the Child, Article 24 alone is not enough to realize the right to health and it has been supplemented to a significant extent by other provisions of the Convention. On the other hand, the Children's Rights Committee has emphasized the unbreakable connection between broad, fair and sustainable development in the realization of children's rights by providing equal opportunities in access to basic resources, including health and a healthy and safe environment for children.

Since the sustainable development goals are an important milestone in the commitments of the international community in achieving the goals of human rights in the right to health, but the traditional patterns of economic development and growth are not enough by themselves. Therefore, international cooperation is necessary to reduce or remove obstacles to development and create an international document in order to establish and implement the standards of the right to development in children's health.

Prevention of recidivism after serving the punishment plays an important role in the health and safety of the society, Achieving this requires comprehensive interventions to reform and treat offenders. Correction and treatment of criminals during the period of punishment and care after leaving has been considered by the legislator. Considering the importance of this issue, in this research, the necessity of implementing psychological interventions during incarceration and post-departure care has been investigated.

From the point of view of the goal, this research is in the category of theoretical research and in terms of methodology, it is descriptive. The method of collecting information is library method by referring to specialized texts and previous researches.

Ethical Considerations: 

In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.

The results showed: 1. Diagnosis of psychological disorders and early intervention during and after incarceration; 2. Providing family-oriented psychological interventions to increase social support and reduce conflicts; 3. Focus on professional training during and after There are three suitable platforms for providing psychological interventions, which play a very important role in reducing recidivism.

In general, it can be concluded that there is a lot of potential in the field of diagnosis and treatment of criminals during and after discharge, it is also necessary to provide family-oriented interventions, career path counseling and vocational training to criminals. During and after leaving, it provided a platform for their social acceptance and employability. Recidivism can be prevented to a large extent by implementing these programs, so it is suggested that the planners pay attention to these findings.

Explaining the way of applying the concept of authority and determining its relationship with fundamental rights and freedoms enables the analysis of authority in additional meanings (additional authorities; such as legal authority, medical authority, public policy authority, etc.) and exposes authoritarianism. Violations of human rights occur in areas such as health policy. Just as medical authoritarianism pursues the interaction only for the purpose of dishonestly persuading the patient, legal authoritarianism, through legal provisions and by recognizing the coercive authority of the government with the justification of criminal justice, sometimes unfairly supports the limitation of freedom are placed with public health justifications and treatment as a punishment is a reciprocal manifestation of medical justifications for penal authoritarianism. The convergence of authoritarianism in the criminal and medical realms aggravates the subsequent crises of these two. The analysis of the mutual abuse of criminal securitism and medical authoritarianism from each other, explains that the foundations of social control of crime, which is influenced by the dominant political ideologies, have a significant impact on the strategy of public health policy and providing legal support for health policies and determining the scope of individual freedoms and the territory of government interventions. Medical authoritarianism seeks to provide the support of criminal legal authoritarianism for itself; a phenomenon that causes the expansion of the domain of criminal law and the legalization of the government and the indiscriminate use of coercive means with the claim of social health control.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The lack of "health annex" on the bills related to the rehabilitation of criminals, the concern about the relationship between the two systems of health policy and criminal policy in terms of the interference of processes, the historical descent of authoritarianism in criminal law governance, the extended interpretation of some policy-making institutions of the "emergency situation" that It formulates the suspension of human rights norms with medical-criminal justifications, all seems to be the inappropriate intersection factors of the two currents of "medical authoritarianism" and "criminal securityism".

It is necessary to enact comprehensive professional and disciplinary regulations as well as regulatory guidelines in order to prevent medical violations; Especially the violations that occur in the interaction of medical institutions with criminal judicial authorities, which puts prisoners, convicts, and victims under the shadow of medical malpractices based on criminal infractions.

Abortion is one of the topics that, in addition to the medical and moral dimensions, is also a point of discussion and disagreement from the point of view of jurisprudence and law. The purpose of the article is to examine abortion from the point of view of jurisprudence and law in the light of the rule of hardship and difficulty.

This paper is descriptive and analytical applying library method.

Ethical Considerations:

 In the present paper, the originality of the texts, honesty and trustworthiness are observed.

From the point of view of jurisprudence, the life of the fetus can be divided into two periods before and after the birth of the soul. Abortion is not permissible after the soul is breathed in, but abortion before the soul is breathed in is permissible under certain conditions. According to jurisprudence, the same point of view prevails in the subject law. From the point of view of jurisprudence and law, if there is an imperfect fetus and there is a risk to the mother's health, as well as extreme difficulty for her, it can be considered permissible to abort the fetus by resorting to the rule of hardship and difficulty. Of course, in Iranian law, with the approval of the law to protect the youth of the population, it has become very difficult to resort to the rule of no hardship and difficulty in permitting abortion due to fetal defects and the risk to the mother's health.

It is necessary for the legislator to have a broader approach and interpretation of the rule of hardship and difficulty and prevent the birth of disabled babies, which create very difficult conditions for parents. Also, regarding the difficulties that threaten the mother's health, a more realistic approach should be adopted so that this issue is not completely limited by the influence of population growth policies.

The right to health is an important issue in international and domestic documents. The purpose of this research is to analyze jurisprudence and legal guarantee of the implementation of this right for children by parents. This means that with a normative approach, an effort has been made to clarify the needs and shortcomings in this field.

This article is qualitative and descriptive, and its method is analytical, which was done by referring to documentary sources.
Ethical Considerations: Ethical principles, including accurate citation and use of sources, have been observed in accordance with the principles of referencing.

The right to children's health is not very clear in domestic laws, including the constitution. But its dimensions can be found in some other special laws related to children and teenagers. However, the patriarchal approach, neglecting injuries and injuries against children by parents are important weaknesses of the laws related to child-parent relations.

The right of parents to the health of their children in Iran, despite the emphasis of jurisprudence, is not given much attention by the legislator. Among other things, the legislator's approach towards the right to life, the right to prevent the persecution of children is not clear. Because the legislator does not consider the parents as deserving of punishment until the child's corporal punishment leads to a fracture or visible injury. In addition, mental and spiritual health, which is very evident in the jurisprudence and tradition of Imams, has been neglected by the legislator.

Please cite this article as:Hossein Mardi M, Ahmadi A, Afzalnejad NA. Guaranteeing the Implementation of the Right to Children's Health by Parents from the Perspective of Jurisprudence and Law Analysis. Medical Law Journal. 2023; 17(58): e34.

In order to prevent sexual misconduct in the cyber space, in addition to the criminal strategy that seeks to prevent the repetition of crimes by means of punishment and through specific intimidation, correction and incapacitation of criminals, some situation-based prevention measures such as content refinement or filtering And some restorative measures such as the Society of Sex Addicts Anonymous (SA) are working in the form of counseling survivors to seekers. In the current research, while analyzing preventive measures, the introduction and role of Sex Addicts Anonymous (SA) has also been investigated the existing judicial procedure in the field of cyber sexual crimes.

This article was written with a descriptive analytical method using library data and information obtained from two online and paper questionnaires. In the online questionnaire on the etiology of sex offenders, 30 cyberspace users were randomly selected and in the paper questionnaire on the performance evaluation of Sex Addicts Anonymous, 20 members of Sex Addicts Anonymous participated in Kermanshah.

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Filtering and the criminal strategy that applies the main legal punishments, i.e. imprisonment and fines, to achieve the goal of preventing the repetition of cyber sexual crimes, are not efficient for various other reasons. On the other hand, the restorative strategy is more effective than expected in reforming criminals, making them sexually alert and preventing the repetition of cyber sexual crimes and the judicial review shows that the judges of the courts still insist on applying the stereotypes of imprisonment and fines in these crimes.

According to the available capacities in Iran's legal system, the judicial authorities can refer the offenders of these crimes to cooperative institutions such as Sex Addicts Anonymous and reform the offenders instead of "stereotype punishments" such as imprisonment and fines.

Access to health and treatment services is a fundamental right that, due to its belonging to the field of welfare and social rights, its ability to file a lawsuit has been disputed since the emergence of this category of rights. The broad dimensions of the right to health and the place it has in advancing the ideals of human rights are so great that any importance attached to it is due to the importance of dignity of human beings. Sometimes there are some obstacles in the way of the development of international health rights, both in the legislative stage and in the stage of executive guarantee and litigation, the origin of which is the conflict between the right to health, which is a human right, and other rights. This article aims to reveal the conflict between the right to health and rights such as the right to free trade and the right to security.

This research collects data using a documentary and library method and analyze the content of the decisions for its aims.

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

To address the question of how international dispute resolution authorities have managed to establish a balance in the conflict between the principles of free trade, security and the right to health.

International dispute resolution authorities consider the right to health to be the first in the normative hierarchy compared to the principle of freedom of trade, but in cases where this right conflicts with the principle of security, it cannot be said with certainty that the international community has reached a consensus on the preference of the right to health.

Depression as the most prevalent mental disorder affects millions of people around the world. According to previous studies, people who suffer from depression commit violent crimes three times more than normal people. In addition, they are five to six times more at risk of harming themselves than normal people. Therefore, considering the positive and significant effect of depression on committing crimes, the present study aimed to answer the question of what is the appropriate criminal response to this group of criminals.

In this article, the descriptive-analytical method is used to achieve the goal of the research.

Ethical Considerations: 

The authors of the present study tried to observe scientific honesty and original references.

The main finding of this study was that there is an intermediate level between complete wisdom and insanity, in which depression is placed. Since the inner world of depressed criminals is strongly influenced by this disorder, it is of great importance how to apply the art of punishment and criminal response to this group of criminals; otherwise, this can result in consequences such as suicide, harming others, deterioration of the disorder, and failure to meet the purpose of punishment.

This group of criminals should get advantage of the "diminished criminal responsibility". This study not only indicated the inadequacy of imprisonment and whipping as the most common punishment in Iran for criminals with depression but also showed that, from a prescriptive viewpoint, the most appropriate criminal response for criminals with depression is sentence to therapeutic measures under security measures. Such measures need to be applied along with the requirement of the court to commutate punishment and sentence to probation or or alternative punishments of imprisonment considering the characteristics and conditions of criminals.

Human rights such as the right to health are intended to protect community members and governments ensure the provision of the necessary facilities to achieve this important goal by making appropriate decisions. According to the Qur'an and existing laws in our country, this right is recognized and respected and it has also a special place in international law. In order to legislate these related rights, the United Nations and other international organizations have taken anticipatory measures and paved the way for achieving these essential rights. Hence, the amount of use and recognition of the different types of food preservatives is necessary owing to their role in increasing the shelf life of food due to this fact that their misuse can violate human basic rights and adversely affect his health.

The current review study has been written in a descriptive-analytical style, in a library format, using various books, articles, data and laws.
Ethical Considerations: Honesty and trustworthiness have been considered to throughout the present study.

Artificial food preservatives have advantages such as extending shelf life of different types of food; however, they may be associated with risks when consumed. Additionally, natural preservatives have a higher priority to use because of their non-harmful nature.

In accordance with the domestic laws in Iran, if the permitted amount and type of food additives are not observed, the act may be considered as a crime which is resulting in various punishments being imposed upon the accused in the courts.

Please cite this article as:Salari P, Sirghani M, Salari P, Sarshar F. Legal Effects of Using Food Preservatives and Its Harmful Effects on Public Health. Medical Law Journal. 2023; 17(58): e38

Medical tourism referes to people traveling abroad to obtain medical treatment. In recent years, medical tourism is becoming increasingly popular. Economically medical tourism is considered a good financial source, therefore, countries improve their medical infrastructures in order to attract medical tourism. The present study aims to explain the liabilities regarding medical tourism.

The research method is analytical descriptive and it has used library sources.
Ethical Considerations: In present paper the principles of text originality, honesty and trustworthiness have been applied.

Findings indicate that Iran's law faces a gap in the field of medical tourism. Any contrary that deals with the development of intrastructure, it should consider the challenges of medical tourism through legislation.

Medical tourists, like any other citizen, can enjoy healthcare services inside another country. In relation to medical tourism, the medical staff and hospital play the main role and in present study, the liabilities of hospital and doctors and the obligations to patiants that medical tourists do not benefit from have been determined. In the case of hospital or healthcare staff'negligence, they should seek compensation. Considering the increasing trend of dangerous actions that healthcare staff take in hospitals, the principles of civil liability should consider the appropriate measures for damages done by healthcare staff or hospital. Regarding the liabilities, Article 12 of civil liability law can be applied that consider healthcare staff liable to medical tourists.

Please cite this article as:Sadeghi Rad E. Civil Liability Arising from Medical Tourism. Medical Law Journal. 2023; 17(58): e39

Contagious disease is an infectious disease in which the causative agent is physically transmitted from a patient to a healthy person; In addition to the emergence period, during the latent period in this type of diseases, the pathogenic agent (be it bacteria, virus, etc.) can be transmitted from the patient's body to others, considering that sexual intercourse is one of the methods of transmission of some infectious diseases. So, in the assumption that the husband is in the latent period of the disease, the issue of the wife's obedience will be ambiguous in some ways, because is it obligatory on the wife to obey? If compliance is done and the disease is transferred, in what case will the responsibility be towards the couple? Also, if the wife's death occurs due to the transmission of the disease, does the husband's responsibility entail the termination of inheritance or not? All the mentioned questions need to be explained and investigated.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Husband's contracting a contagious disease is in contradiction with the wife's obligation to obey, especially if the husband is in the incubation period of the disease.

The evidence of the necessity of compliance is allocated in the assumption that the possibility of the couple contracting a contagious disease and based on the principle of precaution, the ruling of compliance is removed, while having sex as a result of the coercion of the couple, is only in a context. It is his responsibility that the wife does not know about her husband's ill health. Also, with the death of the wife, the act of the husband is an example of a wrongful crime and will not prevent inheritance.

Please cite this article as:Seddiqui SH, Molai Kandlos F. Jurisprudential Investigation of the Condition of Wife's Compliance during the Incubation Period of the Contagious Disease of the Husband. Medical Law Journal. 2023; 17(58): e40.

Although the right to health is one of the human rights, it is also considered necessary to fulfill other human rights. In the preamble of the World Health Organization, the right of every human being to access the highest possible level of health is recognized, but the lack of such special rights for the disabled and vulnerable as a group with more restrictions than other civilians is one of the serious problems of international humanitarian rights. In this article, we seek to find an answer to this question: Does international humanitarian law in the four Geneva Conventions and the Statute of the International Criminal Court consider special rights for disabled and disabled people compared to other civilians?

This article is written in a descriptive-analytical yet practical method, through the collection of library and documentary data and rules and analytical review of the findings.
Ethical Considerations: Scientific honesty and trustworthiness have been fully respected throughout the current research.

It seems that by looking through the above-mentioned international documents, there is no such right that can consider the limitations of these people in relation to other civilians involved in hostilities, such as easy accessibility to centers. Medicine and healthcare should be considered as a strategic principle for them, and in case of injury, unconditional treatment of these people on behalf of each of the belligerent parties should be part of their binding obligations, or the non-threat of violence against these people from other health obligations of the conflicting parties.

It is recommended, considering the more restrictions of disabled and vulnerable people compared to other civilians, special rights under the title "Protection of the right to health of disabled and vulnerable people" should be provided with an international executive guarantee as an addendum.

Please cite this article as:Noori Roomanan F, Tadayyon A, Yousefian Shuredeli B. A Look at the Right to Health and the Special Rights of Certain Groups in the Field of International Humanitarianism with an Emphasis on the Disabled and Vulnerable People. Medical Law Journal. 2023; 17(58): e41.

The global nature of the threat caused by new and emerging infectious diseases requires international cooperation in identifying, controlling and preventing these diseases. Considering this need for international cooperation, international laws will certainly play a role in global programs to control emerging diseases. Realizing this fact, the World Health Organization has already proposed to revise the international health regulations. In this article, some of the basic problems that we may face in the fight against infectious diseases at the global level have been examined in order to contribute to international laws. In this context, this important question will be answered, how can solutions be established to deal with emerging infectious diseases with the process of international health law globalization?

This research is of a theoretical type, the research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.

The international legal component of the Global Strategy for Disease Control needs careful attention because there are many inherent problems in international law, especially regarding emerging infectious diseases.

Disease control of globalism is threatened by the erosion of governance, while the need for international solutions allows for the weakening of disease control governance at the international level. The combination of the process of globalization and the inevitable need to rely on international law creates a platform in which potentially one of the most important medical and scientific endeavors in history will be deployed.

Please cite this article as:Norouzi M, Eskandari Khoshguo M, Hosseini A. Globalization of International Health Rights in the Light of Dealing with Emerging Infectious Diseases. Medical Law Journal. 2023; 17(58): e42.

The term wife abuse, contrary to the fact that it is used in the public's mind as the husband's harassment against the wife; it is also used as the wife's harassment against the husband. Spousal abuse as a result of unwanted marriage is one of the types of spousal abuse that can be imagined by any couple. The present research aims to explain the emotional and psychological abuse of the spouse caused by the continuation of unwanted marriage and the examples and bases of its prohibition from the perspective of Imami jurisprudence.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Mental and emotional spousal abuse, as the most important phenomenon of unwanted marriage, occurs in different ways by each husband and wife.

Verses from the Quran, including verse 6 of Surah Talaq and 19 of Surah Nisa, implying commitment, indicate the prohibition of mental and emotional abuse of spouses, on the other hand, mental and emotional abuse of each spouse towards the other, often with There is a kind of difficulty and embarrassment and the introduction of harm, which is based on the rules of negation of difficulty and embarrassment, associating with the famous and harmless is prohibited.

Please cite this article as:Fadaee Z, Molai Kandlos F. Spouse Emotional and Psychological Abuse Caused by the Continuation of Unwanted Marriage, Examples and Bases of its Prohibition from the Perspective of Imami Jurisprudence Abstract. Medical Law Journal. 2023; 17(58): e43.

The spread and spread of the Corona virus all over the world has caused many businesses and organizations to think of ways to manage the challenges caused by the Corona virus. In this regard, employees of organizations and departments have been advised to work remotely in order to prevent the spread of this virus and break the transmission chain. Due to the increase in forced remote work due to the spread of Corona, it is natural that crimes may occur due to remote work. Therefore, the purpose of this research is to clarify the criminal responsibility of the crimes caused by these conditions, while stating the examples and the rational and religious foundations of the necessity of remote work during the outbreak of the disease.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.

The results of this research, which was carried out using a descriptive analytical method, showed that the emergency resulting from the spread of the corona disease, which forces remote work, may be considered as one of the factors in the removal of criminal responsibility. Of course, if it causes damage to a person, it must be compensated by the wrongdoer and civil responsibility is not negated. Of course, even if under certain conditions, the emergency is criminal liability, but it is not civil liability.

Emergency causes the removal of criminal responsibility for the crimes caused by remote work caused by the spread of the corona virus when there is a severe current or imminent danger, the victim did not cause the danger intentionally, the emergency action is proportionate to the risk, the emergency action is necessary to avoid the danger and is not obliged to face the danger due to duty or law.

Please cite this article as:Mirkhalili SA, Kalantari Khalilabad A, Ghafoori Banadkooki N. Criminal Responsibility for Crimes Caused by Remote Work Resulting from the Spread of the Corona Virus with an Emphasis on Urgency. Medical Law Journal. 2023; 17(58): e44.

The right to health of women and children is one of the important issues that need to be explained and analyzed from the point of view of human rights and humanitarian rights. This is important because women and children are the most victims of conflicts. Based on this, the aim of this article is the extent of protection of the right to health of women and children in regional conflicts from the perspective of international human rights and humanitarianism.

The mentioned article is descriptive and analytical and library method is used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

Wide support for women's and children's right to health includes many examples such as the right to access drinking water, sacrificial substances, and access to referees and medical services. But while the suspension is subject to compliance with conditions and conditions, including being in a "state of emergency", in practice, some governments involved in the conflict use the suspension contained in human rights documents as a tool to violate human rights; Therefore, we are witnessing the instrumental use of this condition by the governments and in practice, the claim of the state of emergency is used in every case as a legal tool by the parties to the conflict to violate human rights.

Despite the protection of humanitarian law for the rights of individuals in regional conflicts, it is difficult to determine an appropriate, independent and automatic legal framework to protect human rights during armed conflicts, especially regional conflicts.

Please cite this article as:Rahmani S. The Extent of Protection of the Right to Health of Women and Children in Regional Conflicts from the Perspective of International Human Rights and Humanitarianism. Medical Law Journal. 2023; 17(58): e45.

Legislators and a number of jurists have taken into consideration obtaining the consent of the guardian for the marriage of a virgin Rashidah girl; this means that when the girl loses her virginity, the guardianship is also taken away from her. The unanimous ruling dated 1364 of the Supreme Court ruled out the necessity of a guardian's permission for the marriage of a girl in the assumption that the loss of virginity is due to illegitimate marriage. The purpose of this article is to examine the permission of the guardian in the marriage of a girl in the assumption of loss of virginity due to adultery, with a critique of the unanimous decision of the Supreme Court.

This article is descriptive and analytical and library method is used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

The argument of the consensus opinion is that the legitimacy of penetration before the marriage is not a condition for the validity of the marriage or the condition for the fall of the province, and the penetration absolutely, whether it is legitimate or illegitimate, is the cause of the fall of the province.

The mentioned opinion is based on reasons such as the inexperience of the girl in the presumption of marriage, the compatibility of the necessity of the guardian's permission in marriage with the purposes of the Sharia, the condition of the guardian's permission falling on the removal of virginity through marriage in traditions and the lack of verification of the girl's growth in The assumption of losing virginity through illegitimacy is a place for reflection.

Please cite this article as:Izadi Fard AA, Shokrian Amiri H, Nazarpour F, Hosseinnejad SM. The Permission of the Guardian in the Marriage of a Girl in the Assumption of Loss of Virginity Due to Adultery with a Critique on the Unanimous Decision of the Supreme Court. Medical Law Journal. 2023; 17(58): e46.

Abortion refers to the termination of pregnancy before the fetus is capable of survival outside the mother's body. Abortion is forbidden by religion, whether it is caused after marriage, adultery or rape. The reason for this is the emergence of the Shari’ a ruling. The research shows after the enactment of Medical Abortion Law and the issuing permission for those cases approved by three qualified physicians, the death rate of women due to illegal abortions has been reduced significantly. As this law does not cover women who are raped, it is necessary to study the various aspects of pregnancy after rape and the use of jurisprudential rules (hardship and no harm rules).

The research method is descriptive-analytical and the information gathering method is library-based and has been done by referring to books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.

Examination of these rules shows that the legislating body, using the jurisprudential and legal capacities of these two laws, can revise the legal provisions of abortion in case the embarrassment of rape victims is proved. The result is that hardship will not cause abortion.

While the hardship will not cause abortion, the no harm rule will still govern the religious prohibition of abortion, whether the pregnancy is initiated according to religion or through adultery and rape.

Please cite this article as:Firoozpoor Bandpey T. The Role of La-Haraj (Non-Harmful) and Zarar (La-Harmless) Rules in Abortion Due to Adultery and Rape. Medical Law Journal. 2023; 17(58): e47.

The widespread spread of the corona virus has led to the infection and death of many people in the world. In order to control this disease, special ways such as public vaccination are considered. Because the vaccine, in addition to the property of preventing disease and improving the health of the society based on the protection of human life, has rapid effectiveness. This issue has caused legal ambiguities regarding the civil liability arising from the preparation and injection of the corona vaccine to emerge. Therefore, the current research aims to explain the duties of the government regarding corona vaccination, and examines the civil responsibility in this field on a juridical-legal basis.

In this research, a descriptive analytical method has been used. The collection of information has been done in a library manner and by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.

According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.

Please cite this article as:Mohebian GHR, Mousavi SE, Mirzaei J. Jurisprudential Foundations of the Government's Civil Responsibility in Compensating for Damages Caused by the Corona Vaccine. Medical Law Journal. 2023; 17(58): e49.