جستجوی مقالات مرتبط با کلیدواژه "حق بر سلامت" در نشریات گروه "پزشکی"

 Concerns about the effects of Genetically Modified Products on human health and the environment have made it important to monitor the production and distribution process of these products. This research was conducted with the aim of examining the requirements and strategies for monitoring genetically modified products and its significance from the perspective of bioethical principles.

 The current research is theoretical in terms of type and descriptive-analytical in terms of discussion method. The research methodology is also library-based (documentary).

Ethical Considerations:

 In this research, the aspects of ethical considerations in library study, including the authenticity of texts, honesty and trustworthiness, have been considered.

 The monitoring of the production and distribution of genetically modified products is supported by various strategies, such as the evaluation of the toxicity level, experiments in farms, tests necessary for the release of products, labeling and tracking system of transgenic products. The strategies and requirements which are closely related to the principle of non-maleficence and the principle of respect for autonomy within the framework of bioethical principles.

 The protection of citizens' health and their environment, along with respect for individuals' rights to decision-making and choice—grounded in the core bioethical principles of non-maleficence and autonomy—has made the implementation of regulatory strategies in the production and distribution of genetically modified products a necessary measure within legal systems.

The “Youth Population and Family Protection Law” was approved in our country in 2021; and according to this law, various institutions play a role in ensuring the health of mothers and are responsible for many tasks.According to this law, any institution or organization that violates or restricts the right of health of mothers and women-due to their failure to perform assigned tasks and duties- will be civilly responsible for it and obliged to compensate for the damage. Also, according to this law, “those who are dissatisfied with the implementation of this law, in addition to compensating for the damages, will be sentenced to imprisonment or a fine.” And therefore, this law clearly indicates the realization of the civil responsibility of the institutions or organizations that, by their actions or omissions, cause the violation or limitation of the health right of women or mothers.In the present article, an effort has been made to examine the approach of the “Youthful Population and Protection of the Family” legislation from the point of view of the civil responsibility of the responsible organizations in the field of mothers and women’s health.

The right to health is a fundamental human right that concerns people of all ages, genders and races. The existence of a significant connection between the right to health and human rights has led to special attention from international institutions and extensive measures to identify and realize it. Meanwhile, the right to women's health has always been emphasized by international and humanitarian law. Today, the significance of women's position in society and their role in comprehensive social development is undeniable. In this study, we seek to analyze how governments can enhance women's health rights by complying with international legal standards.

This article has been written based on theoretical analysis, while using descriptive-analytical method and library-based sources.

Ethical Considerations:

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

Achieving women's right to health requires governments to provide comprehensive care that addresses their physical, spiritual, intellectual and social needs. In addition, governments should establish the necessary foundations and implement financial and legal measures to advance women's right to health.

It is important for governments to prioritize the growth and promotion of health models, providing necessary infrastructure, cultural attachments and effective laws in the field of women's health and health. Besides, it is crucial to address gender-based discrimination and exclusion that violate human rights and women's freedoms.

The right to health is one of the fundamental human rights in relation to the right to life and requires the right to a healthy environment. Many international instruments have mentioned the right to have a clean, healthy and sustainable environment as a human right. The failure of governments to fulfill their environmental obligations is the subject of a lawsuit against the Switzerland government by four women and a Swiss association called "Verein KlimaSeniorinnen Schweiz". The consequences of global warming on living conditions, the right to health and the right to health prompted the plaintiffs to file a lawsuit in the European Court of Human Rights. They claim that the inefficiency of the Swiss government has made them be more vulnerable of the effects of climate change.

This research was written using library documents and sources and descriptive-analytical method.

Ethical Considerations: 

All ethical considerations have been observed in this writing and the contents and sources have been expressed based on the principles of honesty and trustworthiness.

The court recognized the right of the applicant association to complain about the threats caused by climate change, which is of common concern to mankind and requires the promotion of intergenerational sharing, in its decision citing the European Convention on Human Rights, a violation of Article 8 of the Convention on "the right to respect for private and family life" and found a violation of paragraph 1 of Article 6 of the Convention on "right to a fair trial" and as a procedural decision, it required the government to compensate the damage.

The right to health and its dependence on the right to a healthy environment creates this obligation for governments to put the necessary measures for appropriate action and care in areas such as climate changes on their agenda. The Court's decision based on violations of Articles 6 and 8 of the European Convention on Human Rights will influence court decisions across Europe and beyond and lead to more climate cases against governments.

Artificial intelligence is one of the key players in the fourth industrial revolution. Today, it is impossible to ignore the many benefits that artificial intelligence provides for modern societies, where data has become the most valuable asset of our time. For example, it should be noted that the use of this technology, within the scope of existing laws, helps to protect women's rights. However, artificial intelligence also reveals a dark side; biases, among other risks embodied by artificial intelligence, can directly affect human rights and mainly, the rights of the most vulnerable groups, including women, especially in the area of health. The right to health is one of the fundamental human rights recognized by the international legal system and holds a special position. This right, approved by all countries, requires providing desirable health services and making them available to everyone under equal conditions. The main question of this research is whether artificial intelligence has a neutral or biased approach towards women in the field of health?

The research method of this study is analytical-descriptive and the method of collecting information is the library-based.

Ethical Considerations: 

In all stages of writing the present research, the ethical aspects of library-based study Including the originality of the texts, honesty and trustworthiness have been observed.

The authors hypothesize that there is a discriminatory bias against women in the field of health. In general, if artificial intelligence algorithms, which are biased and trained with datasets that ignore certain groups, are used for diagnosis or treatment, it may negatively impact the outcomes for entire patient groups, such as ethnic and gender minorities, immigrants, children, the elderly and people with disabilities. As a result, bias in healthcare causes some groups of patients to receive better medical treatment than others.

While there are many real and potential benefits of using artificial intelligence in healthcare, a significant risk is flawed or controversial decision-making due to human biases embedded in AI outputs, which can have significant implications for healthcare. As a result, such biases should be avoided. Here are some solutions that can be implemented to reduce and eliminate bias: use larger datasets with more diversity; transparency; Use gender-based design principles; regular auditing, use of ethical guidelines; Employing diverse research teams; legislation and supervision; education and awareness; Improvement and updating and finally cooperation of health care developers and activists to prevent bias can be effective solutions in this regard.

The purpose of this research is to examine and analyze the medical rights of children in the Quran, Islamic jurisprudence and international law with an emphasis on Quranic, jurisprudential and legal evidence.

This research was conducted with the method of library studies and in a descriptive-analytical way, which was obtained and analyzed by referring to the Holy Quran and jurisprudential-legal evidences.

Children's medical rights are one of the most important discussions in the field of family medical rights. In this context, various legal schools have presented different views. In this article, he compares the views of two prominent and important legal systems; That is, the legal system of the Qur'an and Islamic Jurisprudence, which is the most comprehensive source of human guidance, and the Convention on the Rights of the Child, which is the foundation of the last human efforts of the 21st century in the international arena. In this article, we will compare the position of children's rights in two legal systems, in three basic, content and method areas. After the comparative examination of the two legal systems and considering the differences between them, it becomes clear that the rights of the child in the Qur'an have a higher and superior level than the Convention on the Rights of the Child; Because the convention, although it has positive and good points, has ignored some of the basic rights of the child.

For the health of the child, various aspects have been raised, including the health of the child during the fetal period and the pregnant mother, child nutrition, health and care of the child, support for children with congenital problems, insurance and social security, etc., but the status of the right Child over health in the religion of Islam and its followers in the laws and regulations of Iran and the Covenant of the Rights of the Child in Islam pay attention to previous generations, potential parents, mother's pregnancy and after the child's birth. This issue refers to the definition of a child in each of the four areas. In Islam, the child is concerned from birth, and the importance of protecting him based on religious principles goes back to previous generations, in a way that all people are responsible for respecting the rights, including the right to the health of potential future children, but in the Convention on the Rights of the Child, the definition of a child It is mostly related to after birth. Child care and visitation should be revised.

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.

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.

Nowadays, civil Society consisting of non-governmental organizations has proven its value. By supporting and monitoring the right to medical and health services, civil Society has been able to take a special place in international human rights systems. Medical services have been considered in both before and after disease processes, because disease prevention is one of the important examples of the right to health and medical services after disease are shown by providing medicine, medical items and treatments. International human rights documents have not been clear about these matters, but they have considered the right to health and the use of medical services as inevitable. The purpose of present study is to express the role of civil Society in monitoring the implementation of medical services in international society.

The present study is theoretical and descriptive-analytical. Library was data collecting method.

Ethical Considerations:

 In present study, the principles of text originality, trustworthiness and honesty have been observed.

Civil society deals with the policymaking, implementation and pursuing the human's affair in the field medical services. Civil society acts as attorney general on the correct implementation of medical services by governments and World Health Organization.

The main role of civil society in providing desired medical services is defined in the light of collecting information, preparing reports, fact-finding committees and providing direct services to the victims and it can oblige governments to observe and implement global medical services both in prevention and treatment.

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.

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.

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.

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

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.

 The corona pandemic, which was observed in China in December 2019, soon spread to other parts of the world and became a critical issue for the right to public health at the international level. The right to health is important and vital for societies today and one of the criteria and values in the principles of medical ethics is the observance of justice in equal access to health services; Prisoners, like other members of society, have access to it as a more vulnerable group of society whose law restricts some of their freedoms. The purpose of this study is to review the strategies of the Iranian legal system and international instruments on the right to health of prisoners and the principles of medical ethics in prisons and legal strategy to observe the principles of medical ethics in prisons in order for health policy makers to benefit from it during the corona pandemic.

 This research is of review type and its information has been collected by library-documentary method.

Ethical Considerations:

 Ethical considerations have been observed in all stages of research, including the study and collection of data, their documentation, analysis and publication.

 The research findings indicate that in the supra-legislative, legislative and sub-legislative norms of the Iranian legal system and binding and guiding international documents on the principles of medical ethics in prisons and the right to health of prisoners, general and specific regulations have been set to observe ethical rules in medicine. Prisoners can also enjoy the right to health as a human right. Therefore, health system policymakers can use them to expand the role of ethics in prisons and to support the health of prisoners.

 Based on the results, it can be said that observing the principles of medical ethics and paying attention to the health of prisoners during the corona pandemic in order to prevent Covid-19 virus and treat infected prisoners should be considered by health policy makers. Therefore, using the norms of the Iranian legal system and international documents, it is necessary to adopt regulations in order to standardize the ethical principles of doctors, nurses and health center staff in prisons to maintain the health of prisoners during the corona pandemic.

Despite medical successes in improving health, a problem has emerged that prevents people from achieving health, that is the lack of universal access to medical services. Iran has come a long way from the introduction of modern medicine to its establishment, but universal and equal access to health has not yet been possible. Therefore, a review of different contemporary eras seems necessary to analyze the right of universal and equal access to health through the changes that have taken place in the health system.

rights of individuals; in such circumstances, individual rights are in conflict with public rights, and in order to resolve them, indices of preference must be obtained from jurisprudential sources.

The present study has been done by referring to medical articles and legal jurisprudential sources in a library method and by descriptive-analytical method.

Ethical Considerations: 

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

The most important preventive measures to deal with corona are observing social distance, using masks and injecting vaccines. The non-observance of which leads to endanger the health of other people in the community. On the other hand, the use of them can lead to harm and complications for a person's health. In this case, there is a conflict between the right to individual health and the right to public health. By referring to the the more important and the less important rule and according to the criteria of the rulings and the no-harm rule, the public interest will take precedence over the individual interest. The role of the government in this cases, to maintain public order and ensure public health, is undeniable.

Since controlling the spread of the disease and cutting the chain of infection stops following the observance of health instructions and general vaccination; The precedence of the public interest requires that the observance of the instructions become mandatory; Therefore, the government has a duty to provide the right to public health. Whereas, with the gradual rise of world health standards, coercion has given way to encouraging; It is suggested that the government encourage people to follow the health instructions and vaccinations through public education.

Although individuals have full discretion in choosing how to build houses and other structures, this freedom of will should not conflict with public rights and harm the mental health of citizens. Humans are always interacting with the environment and behaving differently in different environments.

This Article is Descriptive-Analytical and has been Prepared and Compiled by the Library Method, Using Phishing Tools.

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

Studies show that the environment is important not only as a context in which mental disorders occur, but also in many cases in the form, manifestation and emergence of these feelings and actions. In this study, the mental health of individuals and environmental factors and constructions affecting it are examined and then the question is answered that what does public law in Iran support the mental health of individuals in the field of urban planning?

Various areas of public law show that the issue of citizens' mental health has been addressed through construction in the upstream documents with regard to its generality. But in ordinary laws this issue is scattered and sometimes in old laws. Therefore, it is necessary to write a centralized and up-to-date law on urban planning with emphasis on the rules of the right to health.Please cite this article as:Mirmohammadi Meybodi SM, Rahmat MR. The Evaluation of the Right to Health in Terms of Urban Construction. Medical Law Journal. 2022; 16(57): e39.

Covid-19 disease has shocked the lives of developed and developing societies and has affected various aspects of individual and social life of citizens by creating devastating and irreparable effects. While everyone was counting down the hours to get treatment for the disease, the unveiling of emergency-licensed vaccines sparked a variety of social and legal issues. In Iran, according to the decision of the National Corona Management Headquarters, government employees along with some other groups of people were obliged to be vaccinated, and absenteeism was the punishment of deniers. Consequently, legal validity of these enactments has also been discussed by scholars. Clarifying the position of domestic law and international human rights regarding mandatory vaccination can have an effect on persuading citizens and whether or not to do vaccination. central issue of the following research is the evaluation of compulsory vaccination according to the provisions of Iranian law and the rules of international human rights. Based on library resources and in a descriptive-analytical method, it was concluded that according to the laws and regulations of Iran, the obligation to vaccinate and in particular the provision of punishment is within the competence of the Parliament and according to the Charter of Patients' Rights They were required to provide information about the vaccine and its effects, and to monitor the health status of individuals during and after the injection. In international law, it is also possible to make specific treatments mandatory, such as vaccinations under the right to health, in order to guarantee the right to life in the event of an epidemic. In addition, although this requirement conflicts with citizens' right to privacy, international law provides for restrictions on individual rights to ensure public health, subject to conditions such as appropriateness and necessity.