The position of the right to health: from jurisprudence-legal discourse to judicial discourse (Emphasizing the Impact of Judicial Arguments)

The right to health as one of the inherent and fundamental human rights means that everyone has the right to have access to the highest degree of health. Since health is directly related to human well-being and dignity, it has always been one of the main factors. It is considered in assessing the development of communities. The right to health is one of the human rights recognized under the second generation of human rights and has been seriously considered in declarations, conventions and other regional and international human rights instruments. An examination of Islamic sources, including verses from hadiths and jurisprudential books, shows that the religion of Islam also places great emphasis on the need to maintain and promote the health of individuals. Governments are required to take action over a wide range of areas to ensure a healthy life, some of which require immediate action and others over time. Iran has also recognized and protected this right by passing various laws and regulations in the field of health and also joining various international conventions, which seems to explain the position of this right in the Iranian legal system by examining these laws and regulations. In this article, the status of the right to health, from jurisprudential-legal discourse to judicial discourse is examined. The research method of this research is descriptive-analytical and the method of collecting information is based on the library method