جستجوی مقالات مرتبط با کلیدواژه « safety » در نشریات گروه « فقه و حقوق »

Consumers need legal protection by legislator,for this reason ,the legal systems of most countries have tried to support consumers by taking into account the liability of producers in the case of any defects in manufactured goods The purpose of present study is to determine product producers liability in the case of products defect in legal systems of Iran and Iraq .

The research method is descriptive_analytical.
Ethical Consideration: In writing present paper, the principles of text origionality,honesty,and trustworthiness have been observed.

In the legal systems of Iran and Iraq, the civil responsibility of producers has been accepted. Civil liability starts from contractual liability and leads to absolute liability. The civil responsibility of producers in Iranian law is based on the theory of guaranteeing product safety.

In the legal systems of the countries of Iran and Iraq, in the field of responsibility of producers of goods, the theory of pure responsibility, considering its wide scope, has considered a support platform for people who consume goods. In the law of Iran, based on the consumer protection law, the view of pure responsibility has been taken into consideration and accepted by the legislator.

In the ecosystem of the health system, ensuring quality control, safety and effectiveness of drugs is very sensitive and necessary for people's health. After the Covid-19 pandemic, fake vaccine drugs have been circulating and seriously threatening public health around the world. This situation needs to pay more attention to the quality and more effective safety of medicine with the aim of combating drug counterfeiting. The current measures are not effective and sufficient to deal with all the problems associated with counterfeit drugs. In this article, by examining the importance of drug safety monitoring, it was observed that developing countries do not have adequate, standardized and integrated international monitoring regulations to evaluate the quality and safety of drugs. Finally, due to the lack of control over the supply chain, drugs will easily enter the flow of forgery and fraud. The existence of strong monitoring institutions in accordance with the standards of national or international laws, as well as the application of deterrent punishments in each of the stages of the drug production, distribution and delivery cycle, is required. This research is based on an analytical-descriptive method and on the basis of authentic library documents and sources. The theoretical framework of the research is rights based on justice.

In the field of shipping and oil transportation, Iran complies with international laws and the World Maritime Organization, such as the International Convention for the Safety of Life at Sea approved in 1974 in the field of safety, the purpose of this article is to examine the status of Iran's accession to these conventions, and the impact of national safety and health laws and regulations affecting Iran's oil exports in comparison It is with international laws.

The study of international maritime transport safety documents affecting the oil export of the Islamic Republic of Iran. The research method is descriptive and analytical, and the library method was used to collect data and information.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings showed that matters related to shipping and shipping in Iran are affected by national and international laws. Also, a wide range of laws and regulations have an impact on the safety of maritime transportation and oil exports of the Islamic Republic of Iran, and the approval of any law in this field, depending on the case, can lead to the degradation or improvement of maritime services on a quantitative and qualitative level.

Comprehensive rules and regulations and an effective executive supervision system in the field of oil export for safety and health have not yet been approved and implemented in the country.

The right to the city is a part of human rights, which one of its aims is guaranteeing the safety of inhabitants of the city. This right, which is among the rights of the third generation of human rights, is known as the "Right to the Safe City". Safe City means the safe habitat, the safe transportation and the unpolluted environment with maintaining the life of inhabitants. Citizens in such city are not inactive and passive. They have an impact on the process of selecting city managers and executing the decisions taken in the name of the city. The Right to the Safe City expresses the right of the inhabitants to benefit from safety in front of natural events and human activities. Identifying this right brings about two positive consequences:- supporting the city as an alive and dynamic creature;- codifying a separate charter for each city according to local requirements for achieving sustainable development and resolving urban problems.

Digital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose.

One of the problems in the field of employer-employee relations is the phenomenon of mobbing. In this descriptive-analytical study of the mobbing phenomenon, the mobbing refers to abusive activities, including intimidation and humiliation, intended to harass, and thus expel a worker from the workplace. Mobbing can cause severe physical and mental injuries, and enormous personal and social costs which demonstrate the necessity of combating it. In the Iranian legal system, combating this phenomenon can be justified on the basis of respect for human dignity and the employer’s obligation to safeguard workers’ health as well as the principle of freedom of work. Nonetheless, specific rules against mobbing have not been established. Therefore, until the enactment of special regulations, it is possible to sue or prosecute the perpetrators of mobbing under general rules of civil and criminal liability but this is not enough to support victims.

The principle of acquittal in criminal law plays a fundamental role in defending the rights of the accused, but the absolute nature of the said principle in the face of some crimes such as disciplinary and security crimes is one of the important challenges that is the subject of debate. The purpose of this article is to examine this important question, what is the status of the principle of innocence in security and law enforcement crimes from a jurisprudential and legal point of view? The findings indicate that despite all the interpretations of the original principle of innocence, it is not absolute and unconditional, despite the application of the principle of innocence in criminal matters and its ruling over other principles and rules of criminal law, in certain cases, the application of this principle is avoided. The basis of deviation from the principle of innocence in many cases is the same basis that justifies the rule of the principle of innocence in criminal matters. In this way, the principle of acquittal towards the accused is distorted, and as a result, despite the lack of conclusive evidence, the judge resorts to exceptional methods of proceedings, including obvious cases of resorting to exceptional methods of proceedings in Islamic criminal law can be found in the cases of law and order and public security. As a result, the evidence of guilt takes precedence over the principle of innocence.

The critical statistic concerning traffic accidents, intensifies the necessity of growing attention and importance of preventive measures of these crimes, and makes this issue as a major concern, and reveals the necessity of interactive (non-criminal) preventive measures in respect to traffic crimes and violation. Situational prevention or situation oriented, as the most moderate, possessing the most widespread measures, is considered asan effective non-criminal prevention pattern, and based on the statistics given by official organizations, it has tremendous impact on reduction ofcrimes and violation in different countries. In proportion to scientific and technological developments, different situational preventive measures have been updated, and due to their consistency they can be applied in traffic violations and offences. On one hand the analysis of suggested measures in the framework of situational prevention and on the other hand, statutory criminal policy pathology and some other practical plans linked with this kind of prevention of the offences and traffic violations are the main purpose of this article. In the sphere of I ran's statutory criminal policy “the law of compulsory insurance for damages inflicted to third parties arising from accident of vehicles ” and “the law of adjudication oftraffic violations are the most important legal sources that their analysis shows that most of the components and enforcement measures either have not been predicted or their enforcement process have not been codified even in the form of by-laws, or are far from situational technic and criteria over them. Unfortunately legislature in its statutory criminal policy just in a few cases has taken into consideration situational prevention aspects, although this matter is significant but the practical potentials of situational prevention has been restricted to nominal and brief dimensions. In addition the guarantee of situational prevention approach in the society needs systematization of the variety of adopted situational measures,

However Adoption of Laws by governments from the International Aviation Law System is a relatively common practice to coordinate, they moreover have organized their aviation system by passing an act as the main governing Law on the aviation affairs. The Iranian government also with the existence of “the Act on permitting Iran to Accede to the International Civil Aviation Convention”, has regulated its national legal system by enacting the Civil Aviation Law that after over six decades it seems that it requires to more than a mere amendment. In this Article We tried to show that the mentioned Law in addition to its non-decorated appearance, in three domains, namely application of law, macro issues and micro issues, has a significant deficiency that should be considered in enactment of a new law on aviation affairs. We considered the deficiency of Law on unlawful extension of application of law, ambiguity on application of law, weakness and anxiety of regulations on macro issues and finally shortcoming on macro and micro issues.

In countries, which have not yet realized all the needs and necessities of large industrial societies, it is not uncommon to find people who question the nature of Air Law or deny its originality and independence. Helping to understand the concept and features of Air Law and the need to pay more attention to this branch of law in Iran, is the subject of this research paper. To this end, 14 features of Air Law, were reviewed and the recurrent questions about its nature have been clarified and answered. In Study of the nine features (positive features), the originality and independence of this branch of law has been verified and then by the criticism and rejecting of the five common points of view regarding the Air Law, the originality and independence of this field has been further verified. . . . . . . . . . . . . . . . . . .

The environmental situation of earth is getting more deteriorated, and having the importance of sustainable development and the rules governing the world trade system in mined;all countries have the right to set and implement legislative measures,to improve public health situations,safety and environmental conditions of their nationals.This right and the risks threatening the host government in trade system, brings about the issue of defending the health,safety and environmental measures against international disputes settlement authorities. Whereas HSE regulatory measures should be based on science and scientific rules, in arbitrations of disputes resulting from this measure,the role of science and its limitations are of importance.this paper tries to survey the subject that due to the limitations of science and scientific disagreements between scientists, under which circumstances and how could the scientific findings be used in HSE measures arbitrations? scrutiny’s indicate that despite the scientific limitations and scientific uncertainty in some cases, science is the main axis in moving towards sustainable development; because it provides an objective basis for the development of HSE standards. So through emphasis on the process of production of science, scientific methods and scrutiny, a measure could be formed, relying on which the validity of scientific investments could be assessed.

Every institution playing an effective role in education (tarbiyah) aims to achieve its specific goals and objectives. Family is one of those institutions that play a fundamental role in child education. Different educational goals could be assumed for the family. Protecting children against sins or indecency can be one of the goals of family education. This article aims to study parent's duty in protecting children against sins. It also seeks to examine ways through which children can be protected from a jurisprudential perspective using a juridical method. To achieve this aim, verse 6 of Surah al-Tahrim and a few textual and rational proofs are studied as some of the most significant proofs. Also, those arguments, which can serve as evidence negating parent's responsibility to protect children, constitute another part of this research. The need for protecting children against sins and observance of certain standards such as avoiding violence and strict measures in applying protection methods is the conclusion drawn out of this research. Apart from the points mentioned in commentary works under verse 6 of Surah 66 as well as in some books authored on the subject of Islamic education, no independent work was found on the subject of protecting children against sins.

Agreement on Technical Barriers to Trade imposes the two criteria of non-discrimination and prohibition of unnecessary barriers to trade on WTO members and members must take into account these criteria when develop health and safety regulations that limit trade in goods. According to Iran's efforts to join the organization and the importance of the rules on international trade, the article focuses on two questions: What obligations are imposed on the members by these criteria? If and to what extent Health and safety regulations have been observed in Iran?
The article shows that Iran has been good in this field recently, but there are still some inconsistencies with TBT Agreement’s requirements. The revision of health and safety regulations about imported goods in Iran will be a great step to accession to WTO

Producing Genetically­Modified­foods plays one of the key roles in addressing the increasing needs for foods. The development and increasing use of GMfoods، despite its benefits and advantages،causes its­own problems and challenges، as well. The exclusive characteristic of these types of products and the human and environment-related effects have made discussion over this issue twice assignificant. Among many legal challenges lies the problem of how to determine civil liability’s ­basis of these products that has brought about controversies throughout international instruments and legal systems. Available international instruments regarding this issue include The­Cartagena­Protocol­on­Bio-safety،which Iran officially joint itin1382; in­addition،Nagoya–KualaLumpur­Supplementary­Protocol has been enacted on liability and redress of these products. In this paper، in view of the fact that domestic rules have­not stipulated anything regarding this issue،it’sbeen tried to determine the status of the mentioned issue in international instruments as­well­as obtaining an appropriate basis conforming to Iran’s law. Byconsidering international instruments and different viewpoints in Iran’slaw،strict liability seems to be fitting and complying with both Iran’s­law and international instruments.

Given to the age of communication and the need for jurisprudence to answer the issues of community, exploring the rights of journalists is very important. Looking at the present Islamic Republic of Iran press law, this paper considers and analyzes jurisprudentially the journalists’ rights such as freedom of information, safety and criminal immunity. It has been proved in this paper that for the realization of Islamic information, these cases are the minimum requirements and there is much distance to achieve the religious media.

Improvement of the safety in international transportation is achievable by the efforts of airlines in obtaining novel and safe aviation. The main objective of this paper is considering the consequences of 1995 United States sanction against the Islamic Republic of Iran airlines. In legal examination of the Regulations, we concluded that the U.S. sanctions is an obvious non Conformity to the letter and spirit of the Chicago Convention thus, we proofed that the ICAO as a technical UN agency needs and also expected to take the lead to bring international public pressure on the United States, as a Member State, to remove the sanctions.     Moreover, it is suggested that authorities of civil aviation organization, after legal & effective conduct in ICAO, to take the case to ICJ or ad hoc arbitral tribunal.