جستجوی مقالات مرتبط با کلیدواژه « international law » در نشریات گروه « پزشکی »

The purpose of this research is to examine and analyze the right to health education based on Quranic evidence, Iranian and international law.

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

The right to benefit from the highest attainable standard of health and hygiene is described as a fundamental right that is very important for the realization and enjoyment of other rights and freedoms. Although this right belongs to the second generation of human rights in terms of content, it is closely related to other generations of human rights. The right to health encompasses a wide range of rights, each of which plays an undeniable role in its realization. Therefore, the availability of healthy drinking water, sufficient and nutritious food, clean environment, etc. are considered to be the essence of human health. In addition to this issue, having the right to life without having physical and mental health will be meaningless. This fact is evidence for the claim that "all examples of human rights are mutually dependent, inseparable and related." The realization of the highest standard desired by Article 12 of the Covenant of Economic, Social and Cultural Rights will take on the color of reality in light of the application of the maximum economic and technical facilities and through a necessarily gradual process of achievement. Therefore, the degree of realization and benefit of this right has direct links with the level of economic and social growth and development of a country. Knowing this fact, the Covenant of Economic and Social Rights requires the member states to increase their capacities and capabilities by benefiting from international economic and technical cooperation with each other in order to improve the benefit of this right. Therefore, the education of health and treatment issues, which is the prelude to fulfilling the right to health and treatment, should also be taken into consideration. In Iranian law, the second and thirtieth principles of the constitution emphasize the right to education. And in Article 29 of the Constitution of J.A., the right to health and treatment has been emphasized. Islam has recognized the right to health by establishing the concept of "hygiene", "preventive medicine" and similar concepts. From the point of view of the Holy Quran, health is so important and valuable in the teachings of the Quran and Islam that the first devotional book of Islamic jurisprudence begins with purity, and the issue of purity of the body and soul is considered one of the most important goals of its teachings. A question tries to pay attention to the special importance of health and by awakening a person's conscience, to make him realize its value. Therefore, he asks him if the ugliness is equal to the purity. According to the Qur'an, clean and healthy bon and compatibility of things with human nature is a basic condition in the productivity of earthly products, and man should only use clean and healthy things. (Baqarah verse 168)

The right to health is one of the recognized rights for humans from the perspective of the Holy Quran and Iranian and international law. Realization of the highest standard desired by the covenant requires spending the maximum resources available to governments and over time. Realization of this standard is considered a big challenge for governments, considering the foundations that determine whether we count for health.

 In today's world, there have been many discussions and conversations about cultural rights and solidarity rights, but not enough attention has been paid to the relationship between these two important rights. Cultural rights and solidarity rights have many links in such a way that it can be said that there is mutual dependence between these two rights. In other words, the realization of many examples of these rights will not be realized without considering the others.

 The research method used in this study is a theoretical approach and a descriptive analytical method.

Ethical Considerations:

 All the ethical principles of the research, such as trustworthiness, honesty and originality of the text, were considered during the writing of this research.

 Cultural rights and solidarity rights are mutually dependent and the most interaction between cultural rights and solidarity rights is the observance of human rights standards and people's right to self-determination, which is approved by both groups of rights.

 Cultural rights provide a strong basis for the realization and better implementation of solidarity rights. These rights include a set of principles and standards that protect and develop cultures, identities and cultural values of societies. Considering the interrelationship between cultural rights and solidarity rights, the development and better implementation of cultural rights can help the realization and continuity of solidarity rights. Environmental education strengthens social solidarity and contributes to sustainable development by increasing people's awareness and participation in environmental protection. Peace education can also help to provide conditions for solidarity and peaceful interaction between people and communities by promoting the culture of peace and solving capabilities in society.

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

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

Ethical Considerations: 

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

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

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

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.

The present study tries to study and analyze the medical rights of children in conflicts from the perspective of Quran, jurisprudence and international law in order to clarify this issue through these studies of legal and jurisprudential rulings.

This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, narrative, legal and jurisprudential texts.

Children and adolescents are usually very vulnerable in wars and conflicts and will suffer the most physical and mental injuries. Killings and disabilities, violence and sexual misconduct, attacks on hospitals and schools, and denial of humanitarian assistance are some of these injuries. The problem becomes more apparent when wars and conflicts are dragged into cities and neighborhoods. From the Islamic point of view, these children have immunity. In this regard, the rules of humanitarian law and on the other hand, the standards of human rights have paid special attention to children and, if possible, have extended their umbrella of protection over this vulnerable group. The present study, with a descriptive-comparative analytical method, has comparatively studied the medical rights of children in Islam and international conflicts. The results show that, despite the existence of numerous rules and norms regarding the observance of children's medical rights in war and the existence of international organizations in this field such as UNICEF, the International Committee of the Red Cross and other organizations, among the declared rules and norms and There is a huge difference between the conventions passed and the real lives of child victims of war. Also, Islamic jurisprudence in the post-infallible periods, whether Sunni or Shiite jurisprudence, has always tried to institutionalize the rights of civilians in war, especially children, to the extent that they have always emphasized on not attacking children, providing them with a livelihood.

Based on the general Quranic verses and rules and legal and jurisprudential principles and rules, it can be said that children's medical rights are: protecting their lives and health, providing proper food and medicine, having a doctor and health centers and hospitals, maintaining Dignity of children, avoidance of any discrimination including ethnic, cultural, religious, disease and gender. These rights are legitimate and reasonable by observing the physical, psychological, spiritual and social needs, which are reflected in the standards and rules and regulations of treatment, and medical teams are responsible and obliged to implement and comply with it.

Bearing in mind that from the medical and social point of view, pregnancy is considered a beautiful event in life, and on the contrary, abortion is considered as a social problem in all human societies and is an inevitable global phenomenon that plagues populous countries and threatens the health of the family and society. Abortion faces problems because of the integration of medical, psychological, sociological, moral-philosophical issues, it has gone beyond the mere legal and jurisprudential issue. Unfortunately, people resort to illegal abortion due to cultural and economic poverty, which can have dangerous consequences for the mother, and psychological disorders occur before and after the abortion. The crime of abortion is one of the crimes specific to women. and the reflection of this social problem has been effective on the views of criminologists and lawyers. From the point of view of jurisprudence, abortion before and after the dissolution of the soul is discussed and basically in human societies to preserve the life of the mother due to the role of taking care of other children and taking care of the husband and finally preserving the family members as (the least harm and the absolute preference and emergency) is justified. Today, among the countries of the world, only twenty-six countries, including Britain, Japan, China, France, Russia, and Germany (mostly from 1948 onwards by passing their own laws) consider abortion to be absolutely permissible and legal, and in Australia, abortion is illegal. It is a crime and punishable. Basically, through punishment, no effective action can be taken to prevent or reduce the crime, because this action is mostly done secretly with the consent of the legal parents of the fetus, through doctors or other people, and the crime rate is high.

 Global health is a very important concept whose main focus is on the globalization of individual and public health (especially in developing and less developed countries) and access to health justice for all people around the world. As a result, this concept is often considered equivalent to public health and separate from the fields of human rights and bioethics. This study was conducted with the aim of investigating the impact of bioethical norms and human rights in the formation of the global health rights system.

 This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library which 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.

 Legal systems are not established by anyone; the fact is that legal systems are a set of connections between different actors in which there are processes of normalization and accountability. Another point to keep in mind is that in a legal system the main goal is not to impose unity on plurality because it is almost impossible. In fact, the main goal is to build an identity with the help of legal norms; Something that can be considered in the formation of the global health rights system.

 In the light of the approach resulting from theories of global legal pluralism, recent developments in international medical law and bioethics are an important step in the formation of the global health legal system. In other words, human rights norms play a key role in the development of fundamental and organizational independence of global health.

In this article, the legal foundations of State responsibility for pandemics due to the failure to observe "due diligence" standard of care in dealing with the pandemic, as well as the factors that preclude the responsibility, will be analyzed. The factors include force majeure, urgency and necessity. The main question is whether the State in the international arena be held responsible for the negligence or failure to prevent the spread of the internal or international spread of the disease?

The research method is analytical-descriptive and the data collection method is library, with emphasis on interpretation of judgments, codifications of the International Law Commission, and legal texts and the analysis of the doctrines.

In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.

There are various elements and criteria to evaluate the States behavior, one of which is the distinction between primary and secondary obligations of States in dealing with pandemics. The violation of the primary obligations results in the secondary obligations. Therefore, in order to prove the responsibility of the State, the violation of the primary obligations must be accompanied by negligence, fault, or non-compliance with the "due diligence" standard of care.

In dealing with pandemics, failure to comply with certain regulations and health systems are considered as a breach of obligations if negligence, fault, or non-compliance by the State is established. A responsible States may plead to factors or circumstances precluding the wrongfulness of conduct, such as force majeure, emergency and necessity. On the other hand, the injured State, subject to certain conditions, and the non-injured State, if proven erga omnes, have the right to resort to the responsibility of the State concerned.Please cite this article as:Safari F. Legal Foundations of International State Responsibility for Pandemics - The Covid-19. Medical Law Journal. 2022; 16(57): e24.

The jurisdiction of the International Courts, including the International Court of Justice, to enforce regulations on the peaceful settlement of disputes, through existing definitions, necessitates the existence of a dispute. Identifying a "legal dispute" does not depend solely on the subject matter of the litigation submitted to the court, nor does it rely solely on the subjective purpose of the States concerned, but rather on a purely technical process involving both the court and the parties to the dispute.

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.

The standard purpose of a dispute, whether with the former or the new approach of the Court, is to protect the judicial performance of the Court. Determining whether there is a difference in the Courtchr('39')s transferable function, as noted in the Northern Cameroon case. Arguments made to deny the existence of a dispute, or in particular a legal dispute, have seldom been accepted. Therefore, objecting to jurisdiction based on the refusal of a dispute between the plaintiffs is not a promising and successful policy.

Ethical considerations: 

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

Looking at the Courtchr('39')s previous approach in some of the cases under consideration, the Court as to establish a dispute has rendered flexible and expansive interpretation, so that it has not even acted strictly in the application of formalities and procedure as well as to refer to real and material sources of the legal system. However, the new procedure is based on the method of establishing a dispute based on objective proof of the dispute.

The authors of the UN Charter, in order to achieve the goals and ideals contained in it, have paid attention to justice and its equations, and have drafted this document in such a way that the traces of the justice seekers of the universe can be seen in its place. Thus, by examining the Charter, it can be concluded that the standards of justice and the principles of international law are interrelated, and this is a necessity for the continuation of the life of the organization and a basic condition for achieving international peace and security. The purpose of this study is to describe justice in a document that has affected a large number of convergences of world governments.

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.

The findings of the present study show that the actions of the pillars of the organization in the development of humanitarian rights and efforts in the peaceful settlement of international disputes are among the examples that have revealed the fundamental relationship between the concept of justice and the gradual development of international law.

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

However, in practice and in the form of some actions of the United Nations pillars from an idealistic point of view, the violation of the principles of justice can be clearly seen. But a realistic view and attention to the gradual development of international law and its requirements in the third millennium, justice is not considered a necessity of international relations, and this view brings to mind the right to justice, not justice as a right.

 People with disabilities, as one of the largest minorities in the world, are exposed to various forms of discrimination and social deprivation. Benefit. The purpose of this article is to study the support provided to people with disabilities in international and domestic documents and to examine their legal guarantees based on the moral norms of society.

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

 What has been achieved after studying, evaluating and comparing is that the rules related to people with disabilities, both nationally and internationally, have numerous shortcomings. In fact, the Convention on the Rights of Persons with Disabilities is the only international document that specifically addresses the social rights of the disabled are addressed. In the internal documents, the comprehensive law for the protection of the disabled has tried in its sixteen articles to somehow lead this vulnerable group to achieve their fraudulent rights.

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

 Because we are a value and ethics-oriented society, adhering to ethical norms can be very crucial in supporting the disabled. Revision of domestic law and their harmonization with the provisions of the Convention is a very effective step for the implementation of the rights of persons with disabilities.

Women's right to decent work is recognized as one of the fundamental rights in the new millennium at the level of governments and international organizations. The principles of this right are based on relatively identical obligations, including prohibition of women's employment in the night hours, prohibition of discrimination, etc., except for certain occupations. This study examines the challenges of decent work of women in Iran and international law. The method used in this paper is descriptive-analytical and a documentary approach has been used to collect information. What are the challenges and obstacles of women in the realization of the rights of women to decent work in the Iranian legal system from the point of view of international law? The results of the study indicate that the main challenges in Iranian law with regard to international law are fundamental and jurisprudential differences. There are challenges that hinder the opportunity, growth and promotion of women's existential personality. In international law, we can mention the lack of executive institutions and central oversight, gender discrimination, night work, and so on.

Implementation of international sanctions has numerous implications at national level; this article focuses on international sanctions and discusses their impacts on the transfer of environmental technologies in Iran.

This Research is of Theoretical Type, the Research Method is Descriptive-Analytical, the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.

Some believe that the sanctions imposed on Iran in recent years have been limited to the economic and political spheres of the country. However, by knowing the scope of sanctions and examining the challenges posed by its application in various sectors, we can understand the wide-ranging consequences of sanctions and their direct and indirect effects on the transfer of environmental technologies.

Ethical considerations:

 In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

With the economic sanctions imposed by the international community and at the top of that, US, insufficient capital is available to transfer and promote new technologies, even if imports are allowed. Declining international cooperation and interactions lead to restrictions on attracting foreign investment. Restricting and blocking some of the funding and facilities of international institutions such as the United Nations Development Program and the Global Environment Facility, lack of up-to-date environmental equipment, import of less standard environmental technologies into the country, types of pollution, Lack of environmental protection equipment and devices, public transport, agricultural inputs , the lack of high-efficiency heating equipment and the lack of external experts to train domestic specialists are all of which have violated the fundamental principles of environmental technology transfer in our country.

"COVID-19", which was first seen in China in December 2019, outbreak worldwide in a short time and took the lives of many people around the world. In addition to claims concerning Chinachr('39')s fault in creating the disease and failing to prevent its spread, it is seriously claimed that China has delayed and sometimes incorrectly reported information concerning disease to the World Health Organization, and as a result, It has breached its international obligations under the organizationchr('39')s Statute and its annexes, as well as some human rights instruments. Each of the member states of the organization may invoke to the international responsibility of China in the International Court of Justice for breach of the obligations set forth in the Statute by the permission set forth in Article 75 of the organizationchr('39')s Statute. The compliance of Chinachr('39')s conduct with international law in dealing with "COVID-19" can also is requested from the International Court of Justice in the form of an advisory opinion. Despite the low mandatory nature of advisory opinions compared to judgments, the Court is not subject to jurisdictional limitations in considering advisory opinion and is not limited to examining violations of international obligations accepted by the China and can freely declare Chinachr('39')s non-compliance with its legal obligations in various areas of international law.

Respect for Human Rights and Freedoms is one of the Fundamental Human Rights in all Legal Systems, Especially the Islamic legal System. Achieving Freedom of Expression, is Mentioned in Article 19 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights. It Requires the Affirmation of Reasonable Principles and Justifications. Our Aim in This Study is to Examine the Right to Freedom of Expression in Islamic and International Law and to Achieve the Strengths and Weaknesses of This Right in the Above two Legal Systems.

This Article is Descriptive-Analytical and has been Compiled by Library Method.

 The Findings Show That the two Systems of Islamic law and International Law have Common Views on the Right to Freedom. The Definition of Freedom of Expression Given by Legal Scholars is that "Freedom of Expression Means Freedom to Express onechr('39')s Opinion, Whether Social, Political, Philosophical or Religious." In Addition, all Thinkers Believe That Freedom of Expression Must be Within a Specific Framework so as not to Harm the Rights of Others. In fact, Freedom of Thought and Expression is a Vital Right That has Been Studied and Analyzed From Various Religious, Philosophical, Social, Moral, Legal and International Chapters and has been Reflected and Examined in Domestic Laws, Documents and International Treaties.

According to Studies Conducted in the Implementation of Islamic and International Legal Systems Regarding the Right to Liberty, Both in Islamic Law and in International Law, the Right to Liberty is Jointly Considered as one of the Vital Human Rights and Although in Between There are Slight Differences, But in Both Systems the Right to Liberty is Respected.