جستجوی مقالات مرتبط با کلیدواژه « حق بر سلامت » در نشریات گروه « فقه و حقوق »

The countries’ policy towards AIDS is to prevent the transmission of the HIV virus. Spouses, especially women, need more protection as they are at greater risk of contracting the virus through sexual relations. This can be provided through a legal requirement to inform the spouse of the infection and to offer counseling for appropriate measures.Although this task aligns with the right to health as one of the human rights, it conflicts with the principle of patient confidentiality as another human right. The question arises regarding which one takes precedence and under what conditions one can be preferred over the other. In response, given that Iran lacks specific legislation on AIDS, while the US has a rich legal literature in this area, a comparative study of American law has been undertaken using a descriptive-analytical method. After presenting various viewpoints and using domestic jurisprudence and legal foundations, suggestions have been presented to solve this legal gap. Although the first duty of doctors is to respect the patient's confidentiality, when there is a greater risk for the patient's surroundings, it is necessary to support the people at risk. The conditions of this legal obligation are explained according to the specific characteristics and conditions of AIDS.

Right is the most central concept of legal science, the ambiguity in its definition and description causes misplaced expectations and, as a result, the feeling of injustice. According to the abstract concept of right, the researcher should go to analytical tools to get rid of the misconception, using Hofeld's theory in identifying and expanding the types of rights helps the researcher.The right of the child has been given special support by the institution of society due to their special position in the foundation of the future of human society on the one hand and their vulnerability as the first ones who are exposed to the direct attack of harm. Of course, how children's rights are violated is different in different parts of the world. In developing countries, children mostly face poverty and its consequences such as malnutrition, lack of health, medical and educational facilities. And in developed countries, moral problems and the weakness of the family foundation plague them. In any case, the main players in this arena, namely the family, the private sector, and the government, should try to protect everyone from this concept in an all-round interaction.Loneliness, depression, anxiety, low self-esteem and physical problems such as diabetes and dry eyes are some of the possible problems of children in excessive use or early entry into cyber space.Addiction to this space has reduced the child's motivation to interact with others, which has negative effects on his (her) personal communication and social interactions. One of the easiest ways to prevent this problem is to limit the time you use the Internet.The expansion of cyberspace and the great impact of this field on the life and norm of the need to protect the rights of the children in this field, The author's attempt in this article is to use the descriptive and analytical method to identify the right and its analytical structure, define the child and virtual space and health and health and also identify his rights in the relationship between the child and the virtual space in the relevant laws of Iran and Other international laws and documents are discussed and called for moderationIn the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed

The Corona virus epidemic caused numerous economic, social, health, etc. problems all over the world. This virus showed the power of nature to the world again. The many waves of this virus epidemic continuously put the lives of citizens at risk. Among the most important issues that were noticed by citizens and media in Iran at the beginning of the Corona virus epidemic, was the lack of adequate and timely information from the government about the various aspects of the spread of this disease, especially in the field of prevention and treatment. Regardless of the consequences of not providing sufficient and timely information, the spread of the Corona disease caused the right to information in the field of health to be paid more attention. Based on this, citizens have the fundamental right to receive accurate information about diseases, viruses and other factors that threaten their health. On the other hand, related public institutions are also obliged to respect this right and will be held responsible if they do not do so. Therefore, the present study tries to identify the right to information in the field of health as a fundamental human right. Recognition of this right can be the basis for creating civil and even criminal liability for the government in case of fault.

After the reduction of the pandemic and the Reestablishment of in-person education, now the increase in air pollution has once again challenged in-person Learning in the country. Before this, the superiority of in-person education over pure virtual training has been determined in studies and reviews. However, the decision on in-person education in the conditions of pollution, despite the provision of the right to education, has resulted in the violation of the right to the health of children, and provokes conflict between rights and so differences in approaches. This research will be done with the aim of finding solutions to solve this national dilemma.

This research is carried out in a descriptive-analytical way using library sources and scientific reports.

Acknowledging that the right to health is considered one of the fundamental rights of children and prior to the right to education, it is necessary to avoid unilateral decisions and by forming a scientific working group as the advisory arm of the emergency committee or directly as a consulting party of the President, including representatives of the Ministry of Health and Medical Education, Ministry of Education and Department of Environment and the special envoy of the president who is a child rights specialist, in order to determine actual and potential harms and threats caused by exposure to pollution for students in balance with the effects of deprivation from in-person Learning and also considering the environmental facilities, conditions of schools and the capacity of online education, along with monitoring the views of children and parents especially through parents and students councils, take logical decisions based on scientific data in this field.  

The approach of Blended Semi-Presential Learning with a codified and coherent program whose favorable effects on the improvement of the education situation along with reducing the costs and risks of in-person education are obvious, will be a solution to reconcile the right to education and the right to the health for children of Iran.

The pandemic and globalization of the corona virus disrupted normal life all over the world, and there is always the fear of its reoccurrence or similar diseases. Among the consequences of these widespread diseases are school closures, restrictions, remote work, education and social distancing, which have affected everyone in some way. Children also suffer from problems and injuries in this situation and they need special care and support to fully benefit from their rights. The extent of the impact of pandemics on the life of children, including not attending school and staying away from their peers, lack of activity in the environment and outdoors, changes in economic conditions, anxiety and worry about health, have been among the most important topics analyzed in this research and the answer to the issue of how to protect children, support them and secure their rights in this situation has been examined.

This article is descriptive-analytical and using the library method, by reviewing articles, books and legal instruments.

The Corona crisis has put the future of a generation at risk, the vulnerability of children in this era has increased significantly compared to before, and as a result, it is necessary to make the right decision and it requires more understanding and effort from the family, society and the government.

Neglecting the effects of mental injuries and educational and educational problems resulting from the pandemic on children is irreparable. Based on paragraph 1 of Article 3 of the Convention on the Rights of the Child, which emphasizes the best interests of the child; It is necessary to plan short-term and long-term programs in the three branches of the country, including the establishment of more explicit regulations, as well as informing the audience through communication tools such as media, virtual space, and educational brochures in order to prevent serious risks and minimize their damage, so that families and society can are working hard together to protect the rights of children.

The right to have the highest attainable standards of health is one of the most important human rights, which is recognized as one of the fundamental rights in the international human rights system. However, in Iranian law, the implementation of this right, like some other rights, is faced with obstacles and legal challenges, and obviously, achieving an optimal health system will require identifying and removing these obstacles in the first place. Based on this, in the following article, the main question has been answered by a descriptive-analytical method and citing library sources, what are the main obstacles and legal challenges of the right to health in Iranian law? The purpose of the current research is to identify the obstacles facing the discussed field in order to remove the aforementioned obstacles and achieve a more favorable legal system in this field. The findings of the research show the fact that not paying attention to the precise and standard meaning and concept of the right to health as well as various factors affecting it in the relevant laws of the country, not solving the problem of conflict of interests, weakness in the legal supervision system and weakness in guaranteeing the implementation of existing laws. In addition, some other legal loopholes are among the most important legal obstacles and challenges facing the right to health, as a result of removing these obstacles, amending existing laws and policies in this field is one of the main requirements of the country's legislative system.

One of the daily activities of the people of the world at any time and place is the use of virtual space. In today's world, virtual space, which is a space intertwined with people's lives, plays an effective role in people's lives. Although the use of virtual space has merits and has made people's lives easier, but not using it properly has caused mental and physical damage to people's health which has increased concerns about the lack of protection of people's right to health. The right to health is considered one of the basic human rights that governments are obliged to provide and guarantee the necessary conditions to achieve this right and to minimize the grounds for its violation. The question raised in this research is, what effect can the control of virtual space have on the health of individuals? The findings of this research indicate that governments can reduce the physical and psychological harm caused to the health of individuals by taking measures such as teaching the correct way to use cyberspace and creating restrictions

The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action of governments in combating the spread of coronavirus is the digital tracking of people infected by coronavirus in some countries. This article seeks to answer the following questions. First of all, due to application of this policy in which aspect or aspects of protection of privacy can the states intervene? Second, given that the imposition of restrictions must be done where necessary, the question arises as to whether the restrictions imposed as a result of the digital tracking of people infected or suspected of having the corona virus and its transmission to other members of the community were commensurate with the need to maintain the health of members of the community. An examination of the various measures taken in countries around the world shows that the restrictions imposed on privacy can be justified by simultaneously respecting the health of the citizens of the community as well as the provisions of international human rights law.

The right to health means achieving the highest standards of physical and mental health and includes all fields of medicine, public health, housing, healthy environment, etc. Due to their special conditions, disabled people need extra attention in order to benefit from their rights. Using the descriptive-analytical and library-document method, the present research seeks to answer the question as to what is the disabled people’s right to the health in the field of urban law, and what are the duties of city management in order to realize it? In order to answer the aforementioned question, while familiarizing the reader with the concept of urban law, by studying the different rights of disabled people, such as the right to health, the right to housing, the right to enjoy rehabilitation services, the right to benefit from public facilities and adapted urban spaces, the right to employment, the right to recreation and entertainment, the right to access urban information, the right to education and the right to participate in urban planning, the international human rights instruments and Tehran City Council Ordinances have been taken into consideration. The result is that physical and mental health of the disabled people depend on realization of their other rights and are achieved when they can enjoy their citizenship rights in all aspects of social life in an optimal way.

The outbreak of coronavirus, which first started in Wuhan province ofChina and infected the whole world in less than eleven weeks, has been oneof the most important challenges to human health and safety since WorldWar II. Although the main task of ensuring the health and minimumlivelihood of human life is the responsibility of state and the place of humanhabitation, the various economic, social and health effects of the coronaviruson human life necessitate humanitarian assistance from all states. The mainquestion of this article is whether there is a customary obligation for states tohelp each other in combating the spread of the coronavirus and its economic,health and social consequences. The author's hypothesis is that there is acustomary obligation for affluent states to assist vulnerable states incombating the Quaid-19 virus. In particular, the inability and failure of astate to fight the virus will lead to its proliferation and spread to neighboringstates and beyond, and it is in the interest of all states not to limit the fightagainst the virus to their national and internal borders.

Healthcare services form the part of the public health system in each country. These services must be accessible, available and economically affordable. Moreover, the protection, promotion and extension of health care are subjected to constructive prerequisites of health such as education, house, food and employment. In international law, states are obliged to use their maximum available resources for the purpose of developing health care services and providing all necessary coverage for all their people.  Ratification and execution of the “Evolution Scheme of Health System” in Iran is a step toward universal health coverage and the realization of the highest attainable standard of health. The main question of the present article is: what legal obligations have been provided in international law in the promotion and development of health care; and what is the “Evolution Scheme of Health System” ’s role in achieving to international health standards.

The relationship of law and biotechnology becomes clear if we know how to find solutions to the challenges of biotechnology. Given the various legislative approaches at the national level and the existence of international treaty law gaps, the adoption of a human rights-based approach in regulating the application of biotechnology is of particular importance. Using comparative analytical methods, this study seeks to address the challenges of biotechnology applications from a right to health perspective. The question is to what extent biotechnology applications contribute to the realization of the right to health and whether the protection of the right to health has the capacity to provide a favorable normative model in response to the challenges of biotechnology. Among the applications of this technology are fundamental, normative and structural challenges. The research hypothesis suggests that reinforcing the right to health protection mechanisms at the national and international levels could provide a suitable model for uniform regulation in response to biotech challenges related to human health.

The right to social security is one of the fundamental human rights that has received special attention in human rights instruments. Therefore, paying attention to the issue of social security is one of the criteria of good governance, which is one of the important indicators of compliance with the human rights obligations of governments. One of the issues that is considered in the field of social security is the issue of retirement, which in this study examines the legal system of social security pension in Iran in the light of fundamental human rights.

This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

Social security as one of the characteristics of social security and a human right is based on various principles such as the principle of inclusiveness, equality and human dignity, which originate from the principles of the obligations of governments under international human rights instruments. Pension fund challenges also include inefficiency in public administration, weakness in the regulatory system, and financial instability. Not all sections of society enjoy the benefits of social security and retirement support in old age, and this has violated the principle of universal social security, and the lack of a specialized authority to handle social security claims is another benefit. Inflation, dispersion and abnormal complexity of social security pension laws and regulations are other issues and problems observed in the Iranian social security pension system. In addition, another proposal to reform the legal system of social security pensions is to review some laws in the field of pensions.

Immigrants are among the most vulnerable to Coronavirus pandemic conditions due to limited access to health care. Therefore, any action by governments must address the needs of vulnerable groups, including migrant women. Increasing the rate of women's migration; raises concerns about safety, health, and wellness issues, and makes it inevitable to pay attention to review existing laws and policies. One of the aims of this article is to study the right to health of immigrant women in Coronavirus crisis situations with a descriptive-analytical approach and seeks to answer the main question: what are the harms caused by the corona pandemic in the field of right to health of immigrant women? The results show that there are major challenges to the right to health of migrant women in the coronavirus pandemic. Indifference to the feminization of immigration leads to the lack of relevant policies and awareness in the countries of origin and host, and the protection of the rights, safety, and mental health of immigrant women in a difficult crisis. paying attention to the complexities of gender and immigration in programs and policies reduces the health costs of immigrant women. Cooperation at the international and national levels by emphasizing the Global Compact on Migration and other international instruments, allocating sufficient resources and empowering migrant women by removing barriers and facilitating access to services can be effective and helpful.

Economic sanctions imposed by the United States of America have affected various sectors of the economy and the field of health and treatment in our country for many years. Although the Sanctioning government always claim that the sanctions do not include the health sector and medical equipment, but in practice, by imposing banking sanctions blocking the purchase of essential pharmaceutical items. In addition, foreign companies' fears of US secondary sanctions, despite the explicit provisions of the International Court of Justice's interim injunction excluding transactions in food and medicine, have prevented them from cooperating with the sanctions. Have become Iranian natural or legal persons. With the outbreak of corona virus, especially in the early stages, the shortage of drugs and medical supplies has disrupted the country's treatment system for effective and rapid response to the corona virus, which is a gross violation of fundamental rights. Human beings are considered have been repeatedly emphasized in numerous international instruments. The purpose of this study is to prove the legitimacy of Iran in claiming this fundamental right in national and international authorities, to provide better management of this crisis and the possibility of compensation for damages caused by sanctions.

Disabled children often need intensive health care in health system.These children suffered from long-term physical, mental and psychological disabilities that accompany with other barriers, affect their effective and equal participation in society. In addition to routine medical care that everyone need, children with disabilities need ongoing assessments and considerations by health professionals, which should continue into adulthood when the impact of the disability on their lives will change. Access to health care elements with good quality and standards is essential for the comfort and development of children with disabilities, their survival in childhood and the transition to adulthood. In this study, by examining international documents in international law, the importance of the right to health for children with disabilities and the need for the attention of government and international legislators were identified and due to the special circumstances of this group, the challenges to achieve this issue was examined.

Referral of the US sanctions situation by the government of Venezuela to the International Criminal Court poses the question of whether economic sanctions may fall within the ICC jurisdiction as crimes against humanity. It is the first time that the issue of sanctions is brought before an international criminal tribunal and therefore the response could not be found in the jurisprudence. Nevertheless, by analyzing the law and practice of the Court this article proves that the category of other inhumane acts as referred to in Paragraph K of Article 7 of the Rome Statute include those economic sanctions that cause great suffering and serious harm to the health of any civilian population, provided that are carried out in furtherance of a State policy against ordinary people. In establishing this proposal, the US sanctions against Iran is analyzed as a case.

Autism spectrum disorder or Autism is a prominent contemporary psychological disorder. Patients depending on the severity of disease, suffer from functional impairment, in the areas of communication, social interaction and behavior, and generally behavioral imbalance caused serious problems for them in normal process of family and social life. The rising trend and tangible growth in the number of children affected in recent years, has sounded the need for targeted actions in the area of autism community health management. One of the most important areas that need to be addressed is the special support for children with autism based on the general principles of child rights and in accordance with the special situation of these children. At the moment, due to lack of health insurance coverage, inadequate diagnosis and rehabilitation facilities, ignoring the right to education and enjoy the conditions appropriate to the situation, necessity of establishing parent guidance and counseling system and support the living standards of children affected in their families and community, all has led serious challenges for those with autism and their families. Accordingly, the theoretical analysis of the principles of child rights with the importance of children with autism seems to be necessary to provide the infrastructure and requirements for securing the fundamental rights of these children especially in two areas of health and education in the domestic system.

Development of urbanization in the world has made the states confront various challenges in realm of certain rights of citizens, especially children, as far as they need more attention than other citizens concerning their special developmental conditions. However, not only the cities are not designed based on the needs of children, they do not offer the least rights to them. Convention on the Rights of the Child is certainly the main legal document for children. Children benefit from different rights that are reflected in the convention on the rights of children; however, this study intends to answer this question that, “What are the rights of children in the urban right area?” The necessity of identifying the children rights in the urban rights is important on that as one of the main pillars of the society, children are mostly subject to most social, economic, health and educational threats and losses. Moreover, as far as identification of the rights of children in cities is emergent at international arena, particularly in Iran, and concerning the efforts of international organizations such as UNISEF on promotion of these rights, the city managers and policymakers are expected to carry out the required action in this area. Based on this, the present study seeks to explain the main rights of children in cities such as non-discrimination, the right of children with disabilities, public hearing, benefiting social security, the right to health, education and playing and pleasure through investigating various economic, social and cultural areas that are effective on the children rights in urban area by collecting data through library method and descriptive-analytical data analysis. It is concluded that although appropriate theoretical actions have been taken by urban institution in Iran, it is obvious that there is a great gap in practice to make children achieve desired status.