جستجوی مقالات مرتبط با کلیدواژه "بهداشت عمومی" در نشریات گروه "فقه و حقوق"

Criminal protection in the form of criminalization and determination of punishment is still one of the most important methods of dealing with breaking norms. The legislator has considered criminal intervention as necessary in order to improve the social, human and natural living environment. This requirement stems from the concern of establishing the "right to a healthy environment" and "public health" that has existed since the beginning of human social life, and is also considered as one of the goals of the formation of governments and their positive obligations. What is known today as environmental crimes and threats to public health implies severe damage to the natural and social living environment. In order to protect healthy human life, the legislator has criminalized environmental crimes and actions against public health in various laws, especially in Article 688 of the Islamic Penal Code as a general law. The purpose of this research is to clarify the way of criminal protection of public health and the environment in Iranian criminal law and to investigate the ambiguities and challenges arising from the implementation of Article 688 of the Islamic Penal Code by using the library method and studying relevant sources and sources and various laws and regulations. .

In this article, we have two main goals. First, we examine why steroids, which are part of the daily consumption plan of many people in modern life, have been considered the same as narcotics and psychotropic drugs such as opium, methamphetamines, etc., and in an apparently unpredictable process, criminal control is considered necessary for them. As a result, our problem is to examine the process that has turned steroids into dangerous drugs for health and well-being; A process that has caused the policy makers to pay attention to the concerns of the sports authorities, and in line with this, to resolve the concern of the strictness of the punishment for steroids. Although evaulation studies show that strict policies have never been effective and even have many unwanted consequences for public health and criminal justice resources. The second goal is determined in the context of evidence based policies, based on which, the question is whether the results of criminology research support the claims of policymakers in this field and what judgment they provide about the criminal strictnessIn this research, using the analytical descriptive method, we intend to explain the process of criminal strictness regarding steroids and its results. For this reason, we will use the content analysis of the laws to examine the components of criminal strictness and the results of evaluation studies.The criminal laws related to steroids in different countries indicated the strictness. The views of public health advocates and those who criticized steroids for the spread of organized crime and the existence of a black market played a decisive role in supporting the development of criminalization approach and in fact created the space for the implementation of strict plans and programs to control steroids. But the real starting point of the steroid story is the media and politics. They create fears, threats, and realities in a hidden process, and put forward their trivial but urgent and politicized solution. While, as we show in the last section, these solutions have long been discredited following the disappointing results of effectiveness studies. now we are witnessing the introduction of legalization at least in relation to cannabis. Considering the lack of effectiveness of substance control policies, we will examine the consequences of stricter penalties regarding steroids.The study of Iran's criminal justice system shows that whenever issues are recognized as problems, policy makers choose strict policies, and therefore we can predict that the situation of steroids will become stricter than in the past. If we know what factors have been effective in making demands for stricter punishment in this field and what results have followed so far, we can learn the way to manage steroids properly. Currently, legalization (both medical and recreational) is the main stream of policy regarding drugs and low-risk substances. But steroids are subject to new strict policies and this is not justifiable. Finally, the steroid control stream continues to favor the elimination policy, which is not in accordance with scientific standards. Finally, the fate of steroids will be in the hands of public health to regulate the use of steroids with policies to reduce harm and strengthen awareness campaigns.

Balancing the relationship between The Full protection and Security Standard (FPS) and the public health is one of the oldest challenges within the body of the international investment laws; since the protection of public health, without regulating the host countries, leaves room for harm to foreign investment, and the strict protection of foreign investment, can lead to the losing the public and fundamental interests of the host country.Therefore, within the current paper, there is an attempt to examine the legal system that overrules these concerns within the body of the international investment laws.The question which remains is how can host countries maintain their public health whithout breach of the Full Protection and Security Standard, and Creating their international responsibilities.This study shows that, the international investment laws do not take a clear stance when it comes to regulating the relationship between public health, and the implementation of (FPS), and that they are in fact in some cases paradoxical and disorganize .For example, although the fight against Covid-19, as an example of public health through quarantine, restrictions and bans, Recognizes the right of sovereignty of the host country, it may also have an international responsibility for them.

Whenever the public order of a state is endangered due to disturbances in security, health and public services, governments use tools to prevent, manage, reduce and compensate for the damage caused by these emergency (urgent situation) regimes in Different levels are applied. One of the most common examples of the application of this legal regime dates back to the end of 2019 due to the outbreak of the disease called coronavirus which was first applied by China and then by other countries of the world due to the spread of this virus. According to the various models that exist from the application of these conditions, there are numerous legal considerations, such as the rule of law, the principle of proportionality, effectiveness, etc., from the moment of creating and applying restrictions to the time of crisis management and resolution. Given the pandemic nature of Coronavirus disease and social behaviors, this article addresses the question of "which models for imposing restrictions and punishments on countries in response to crises caused by risk factors that are detrimental to public health, especially Coronavirus disease?"

Covid 19 which is a member of the big family of corona viruses, has caused a widespread lock down of businesses and blockage of human activities which is unprecedented and even world wars were not able to do so. Despite the infection of more than four million people around the world and hundreds of thousands of deaths following this worldwide pandemic, there were also some positive effects for this disease in different areas such as decline in the consumption of energy, greenhouse gases and environmental damages and pollution around the world. Although there were negative effects for covid 19 like the increase of food consumption during quarantines caused by it and increase of water consumption because of hygienic purposes. Besides these consequences, there is a question about the criminal aspects of covid 19. In this respects we can mention three different topics in relation to Iranian criminal and environmental law, including the crimes related to special medical waste, transfering the virus to the animals and threatening the public hygiene.

Since the health of the human community is very important, and on the other hand, free trade has undeniable benefits, there must be a balance between the freedom of trade and the health of the community so that people benefit from both. Therefore, in order to minimize potential conflicts between commerce and health and maximize their benefits, there is a need for greater interaction between business and healthcare policymakers in mutual awareness of the policies of the parties, as well as the establishment of codified principles to support both of them , Next to each other.
This article attempts to examine the important and fundamental agreements of the World Trade Organization and the importance of the public health for the World Trade Organization.
In light of the review, it seems that the World Trade Organization has tried, while respecting its principles and objectives, such as free trade and non-discrimination, to take into account public health and, in its agreements, The conditions for countries to limit free trade, if necessary, to protect the public health and health of their societies.

The Article 688 of the Islamic criminal act that has mentioned threats against public health that is as a crime and designates its punishment. The example of threats against public health include the "polluting drinking water or the distribution of polluted drinking water", in such a way that the mentioned examples are related to water and soil pollution, solid waste, illicit livestock butchery, and agriculture crops pollution by illicit use of wastewater. In the analyses of this article the following subjects have been extensively explained to provide a correct understanding of this article according to criminal law principle: Mens rea, Actus reus, and legal factor of crime, authorities and individuals who report and recognize the crime, being conditioned to have criminal result, being deliberate, and other characteristics of the crime of the threat against public health. Then, some ambiguities have been identified in carrying out the article. One of the main ambiguities is the Mens rea within the crime of this article. To know whether the intention and awareness is essential to as certain this factor or the criminal mistake resulting from carelessness to Environmental Considerations as certain this factor. Distinction between the threats against public health and environment pollution and prison punishment other challenges in carrying out are this article that have been analyzed and studied in this research.

Hygiene is such a broad concept and subject that is influenced by a various factors such as geographical, cultural and social - economical.\ This concept also conceptually has got a very close relationship with the similar concepts, which adds to the complexity of the topic. On the other hand the public health (as the main purpose and essence of public hygiene) next to the concept of national public security and public order, public morality (or right moral circumstances) public welfare and rights and freedoms of others as justified restrictions on the exercise of the individual rights in international documents is listed in “Article 19” of the “International Covenant on Civil and Political Rights” and “Article 29” of the “Universal Declaration of Human Rights”. Social policy and social factors are concentrated in two areas of services and welfare state, as the most important factors that influence on the improvement of lifestyle conditions, people highly associate with public hygiene; Because one of the main features of the physical and spiritual health status of individuals is to improve the lifestyle conditions. In this paper, governments are handled different systems (social policy and determinant social factors of public hygiene) for the promotion of public hygiene and health of community, such as social security.

Compulsory licensing is one of cooperation ways between intellectual property law and competition law. A compulsory license is a permission from a public authority to exploit an invention without the consent of the patent holder. The licensing usually uses in all legal systems to restraint intellectual property owner from abuse. Fundamental difference between legal systems is scope of enforcing of the licensing. Developing countries use spread compulsory licensing for health and commercial purposes but developed countries use the licensing with limited usage and with special circumstances. In fact, each of them decides according to their economy and interests.