A Comparative Study of Children's Medical Rights in Conflicts from the Perspective of Quran, Jurisprudence and International Law

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.