Ensieh Salimi, Mohammad Javad Fathi,
Volume 6, Issue 4 (10-2013)
Abstract
Euthanasia or mercy killing is a new and challenging topic in medical law. This article examines all types of euthanasia based on the Islamic criminal code of 2011, and demonstrates that active and involuntary euthanasia is murder if conditions exist the basis for active and voluntary euthanasia, however, is the victim’s consent, so the penalty is less. As the physical element of inactive euthanasia is omission, clause 296 of the criminal code and clause 2 of the penal code on refusing to help the wounded apply. Lastly, it is suggested that legislators criminalize euthanasia with a new approach and independent title, and consider principles of justice to determine less punishment for this type of killing compared to murder with malice aforethought.
Abbas Yadollahi Baghlooei , Seyyed Mohammad Asadinejad,
Volume 6, Issue 4 (10-2013)
Abstract
Surrogacy is an infertility treatment in which the sperm and egg of couples are mixed in vitro and then transferred to the womb of other woman to grow until the end of pregnancy, and this woman is called the surrogate mother. According to article 1168 of the Iranian civil law, children conceived through surrogacy must remain in custody of their parents like other children, and it is the right and responsibility of the parents to maintain their children. Now what will happen if the surrogate mother refuses to release the baby to his/her parents? Based on the various provisions of the civil law, criminal law and the civil liability act, on the one hand, the surrogate mother is obligated to deliver the baby to the couple, and on the other hand, she will be held liable for any damage or injury to the child should she choose to take custody of the child.
Shahla Moazami, Mehdi Vahdan, Parisa Zadeh Dabbagh,
Volume 6, Issue 4 (10-2013)
Abstract
With the progress of science, organ transplantation emerged as one of the modern innovations of the medical science. Like other innovations, organ transplantation brings individuals in the society some disadvantages alongside numerous advantages. Legislators have therefore adopted rules and regulations for the mutual support of society members and their rights.In this article the researchers will examine the current regulations on organ transplantation in Iran. Legal sources in Iran, especially the constitution, Islamic criminal law, health and sanitary regulations, moral codes and so on will be referred to in this respect.In the constitution (as epigraph of all laws and regulations within the country), articles 14, 29, 43, 167 will be examined, and in Islamic criminal law articles 159, 372, 495, 497 and 724 will be discussed as the most significant existing articles on organ transplantation. In relation to the moral codes and medical and sanitary regulations we studied the following: Organ transplantation act of April 5, 2000 about the deceased or patients whose brain death has been confirmed the protocol on confirmation of brain death, established 2000 executive regulations for transplant from the deceased or patients whose brain death has been confirmed, adopted May 15, 2002 act of renal transplantation and donation from living donors passed on October 20, 2008 executive regulation 13101 approved on April 29, 2006 about living donors (with the exception of transplantation from a living donor to a foreign citizen) and the charter of patient’s rights ratified in 2009. Lastly, it should be mentioned that transplantation laws and regulations that presently exist in Iran appear to be inadequate for the purpose of resolving the current challenges and problems.
Behzad Joodaki, Mohsen Sadeghi, Keivan Ghani, Mohamad Mirzaie,
Volume 9, Issue 4 (10-2016)
Abstract
Physician-assisted suicide is an important, challenging issue in medical ethics, which the right to die is a central point in this issue. Physician-assisted suicide is offered to end intolerable pain and suffering. Although, it is a legal practice in some countries, still it is a challenging and controversial practice in ethical and legal perspectives. It has been argued that based on the principles of medical ethics, physicians should respect patient’s decision, however many ethicists and jurists believe that Physician-assisted suicide is unethical. It should be noted that the main reason for proponents and opponents is based on their interpretation about human dignity. This controversy can be resolved by reference to religious interpretation of human dignity in which asserts that Physician-assisted suicide is against human dignity and respect for human life.
Fateme Faramarzi Razini, Seyyed Mahdi Salehi, Seyyed Mahdi Ghoreishi, Amir Hamzeh Salarzaee, Nazafarin Ghasemzadeh,
Volume 9, Issue 4 (10-2016)
Abstract
Reproduction and fertility are considered a substantial need for the survival of the human race and has seen its ups and downs. Advances in Assisted Reproductive Technology (ARTs) have brought some changes as well as challenge in human reproduction. For instance, involvement of a third-party in pregnancy has become a challenging practice. Given the rapid application of ARTs in Iran, obscure aspects and consequences associated with this technology need to be elaborated. The present study aimed at investigating the identity and rights of children resulting from ARTs based on the existing laws and the opinions of the contemporary Shi’ite Grand Ayatollahs. First, by reviewing the sources of Islamic law as well as searching the legal and reliable electronic resources -using key terms such as parentage, guardianship, embryo donation and infertility- the existing laws and regulations about ARTs have been analyzed. Then, by a qualitative method, written opinions of some contemporary Shi’ite Grand Ayatollahs regarding the identity and the rights of a child born by involvement of a third party were collected. The result shows inconsistency between the opinion of the contemporary Islamic jurists and the existing law about embryo donation. Islamic Jurists believe that the child of embryo donation does not belong to the recipient couple. However, according to the Embryo Donation Act, in particular with regard to the duties placed upon infertile couples, who receive the donated embryo, implicitly accept the recipient couple as the parents of the child. This eventually leaves the child with an identity crisis besides deprivation of citizenship rights in some cases. Accordingly, as the current rules and legislations of Iran conflicts with views of the Islamic jurists, to resolve this problem, a revision to accept the recipients as legal parents of the child is necessary.
Aria Hejazi, Alireza Moshirahmadi, Golnaz Sabetian, Nazila Badieeyian Mousavi ,
Volume 9, Issue 5 (1-2017)
Abstract
Euthanasia is still a controversial issue worldwide. There are different and sometimes contradictory opinions about euthanasia and its practice. By exchange of ideas and opinions about this issue, some countries have explicitly accepted euthanasia and it has been legalized. Whereas, some other countries distinctly rejected euthanasia and in result it has been criminalized. Among countries there is a third group, with a passive or neutral position. In those countries, like Iran, the acceptance or rejection of euthanasia has been discussed among the law experts but there is no legislation to address the issue. This article aims to evaluate euthanasia based on the Article 372 of Iran's Islamic penal code.
Hassanali Moazenzadegan, Hamed Rahdarpour,
Volume 11, Issue 0 (3-2018)
Abstract
Since 1984, criminal law more than any other period has been specified under the framework of human rights and consequently limited based on its principal. It was followed by the emergence of a new approach called “quality of law principle”. In criminal law, which was presented by European Court of Human Rights for the first time then in the content of verdicts issued by this international judicial institute and reconsideration of criminal law legality principle, it has developed and become more consistent with social justice and manners. According to this principle, the qualitative law is a law which is consistent with quality elements of law based on human rights and moral principles. It is interesting to note that lack of each requirement voids the related law and according to Court’s case law, the existence of such law would not be different from lack of law. In present paper, through the investigation of physician liability and focus on article 495 of Islamic Penal Code as the key to legislation in this regard, and given the requirements of quality of law principle, it has been concluded that the above mentioned provision and all other articles related to this context are not consistent with elements of “the Quality of Law”, thus with failure to meet the minimum criteria of justice, social morality and human rights, the law fails to have the required quality and consequently, it is recommended to legislate based on the criteria of Quality of Law.
Majid Ghoorchi Beigi, A'zam Mahdavi Poor, Taha Zargarian,
Volume 11, Issue 0 (3-2018)
Abstract
Penetrative injury is one of the injuries which the legislator has mentioned in the fourth book of the Punishment Code: ''it's an injury which occurs by sinking of a tool like spear or bullet in hand or leg; the blood money for men is one tenth of a complete blood money and for women there is a “Arsh". Interestingly, the legislator has determined the sanction of this blood money as a complete blood money while in women it is just an Arsh. The foundation of this view is based upon some of the jurisprudents; however, contemplation in jurisprudential references shows that a group of other jurisprudents believe that blood money of penetrative injury is same for men and women. This essay examines the arguments of the two sides by a descriptive-analytic method. Then, it tries to prove the weaknesses of the view believing in an Arsh for women, it shows that the focus of the Islamic law is on the point that the blood money of penetrative injury is equal for men and women (both one tenth).
Shilan Ghaderi, Mehran Sadeghi, Fayegh Yousefi, Mohammad Saleh Vahedi, Nader Karami, Aram Karimian,
Volume 12, Issue 0 (3-2019)
Abstract
One of the main methods of improving patient safety is use of reporting systems and providing facilities for analyzing and preventing mistakes. The aim of this study was to determine the attitude of nursing managers of hospitals affiliated to Kurdistan University of Medical Sciences towards the voluntary reporting system of medical errors in 2015. In this descriptive-analytic study, all managers of selected hospitals in Kurdistan province were enrolled in this study. The data was collected through a valid questionnaire for attitude towards the voluntary reporting system of medical errors. Data were analyzed by SPSS software version 20, independent t-test, chi - square and ANOVA. According to the results of the study, 87.9% (80 participants) of the managers encountered reporting of errors in their workplace. 68.1% (62 participants) of the managers had a positive attitude toward the voluntary system of medical errors and 16.15 % (15 participants) had a negative attitude and 15.38% (14 participants) were indifferent. According to the results of the research, more than 68.1 % of managers have a positive attitude towards the voluntary reporting of medical errors and with the necessary measures a suitable platform for launching the voluntary reporting system of medical errors in the treatment centers can be provided.
Seyed Mohsen Sadat Akhavi, Hamid Reza Salehi,
Volume 12, Issue 0 (3-2019)
Abstract
The mutual trust in a social relationship is essential to adjusting that relationship under ethics and law. The functionality of legal and ethical rules can be trusted to create a good, orderly and just relationship when the parties can trust each other under the protection of such rules. The first legal documents in Iran required the practitioner to obtain the respect and trust of the society in himself and his colleagues, and then made clear his obligation under it. In subsequent reforms, such obligation stood as they were, but the values of “trust” and “respect” were not mentioned. It seems that “trust” and “respect” of physicians in a society is the good will of these professionals which supports the efficiency of the treatment on one hand, and the conscious cooperation of the patient on the other. This matter is dependent on the physician’s effort in respecting the patient’s boundary and staying true to the physicians own technical and professional obligations. This article emphasizes the necessity this inseparable relationship, and the analysis of legal obligation in the light of such higher ethical values.
Hamed Fadaee, Fatah Jafarizadeh, Saeed Gholamzadeh, Abdolrasoul Malekpour, Mohammad Zarenezhad,
Volume 12, Issue 0 (3-2019)
Abstract
The criminal responsibility of physicians and assistants is a complex area of medical law. The purpose of this study was to investigate the responsibility of medical residents and medical students in performing diagnostic and therapeutic measures with case study of forensic medical files in Fars province from 2012 to 2017. In this study, 63 plaintiffs' cases were assessed, including 33 males (52.4%) and 30 females (47.6%). Most of the complainants were illiterate and under-graduate, and the least frequent was at doctoral level. Regarding the physical condition of the plaintiff (patient), the highest frequency was related to death ( 73%). Most of the complaints were from treatment group (95.2%) and physicians (4.8%). In terms of field of study, the field of obstetrics and gynecology (44.4%) included more complaints than other fields. In total, 26 (41.3%) cases were finally acquitted and 37 (58.7%) were convicted. The most common type of failure was neglect (91.9%). In this study, the highest frequency of associate education was related to senior resident (11.1%). Based on the results of the present study, medical errors were made by trainees (interns) and residents, specifying the criminal responsibilities of medical students and residents for errors and omissions and explaining their findings. Educational materials in each course are of particular importance. Additionally holding forensic courses and defining the legal and criminal responsibility for medical students are important for the improvement of treatment quality
Mina Hosseini, Hanieh Akbari,
Volume 12, Issue 0 (3-2019)
Abstract
Nowadays, social networks play a remarkable role in human societies. Instagram, as one of the most influential platforms, along with other functions, has become a place for the marketing and advertising of economic undertakings. Advertisements on Instagram are different from other forms of advertising. The market-driven nature of this network will create many legal challenges in the relationship between professions and consumers. Goods (such as medicines and herbal medicines) and health services (such as medicine, dentistry, and pharmacy) are related to the health of consumers. It is evident that any negligence on the part of the profession can cause serious harm to consumer’s physical and mental health. This article assesses the evolution of the relationship between the professional and the consumers. It discusses the ethics of Instagram marketing and health problem, along with reviewing the legal protection of consumer’s health in the -related goods and services using an analytical-descriptive method. The results of this paper show that violating consumer rights on Instagram can lead to four types of liability (criminal, legal, disciplinary, and ethical) for the offenders. In this way, the support of the legislator and the responsible authorities is essential for increasing the quality of this protection.
Seyyed Abdol Rahim Hosseini, Davoud Zareian,
Volume 13, Issue 0 (3-2020)
Abstract
Perhaps, the most appropriate translation proposed for euthanasia is the painless and piteous killing. According to the existence of effective components in committing a crime, it is considered as complicity in murder and the consent of victim does not affect the nature of criminal act and the criminal liability of person depriving the life. One of issues related to this killing which is disagreed is the edict that person who is obliged to save life related to passive type of euthanasia does not perform this killing and there must be difference among its different types and conditions. The primary reasoning of the edicts indicate that duties whether difficulty or not must be done but, according to the rule of negation of difficulty and hardship, obligation to these edicts in cases of hardship is cancelled. The articles of this rule include obligatory duties to disuse. However, from the view of jurists, it is not general that euthanasia corresponds to some juridical sub-principles indicating the permission of suicide in some conditions, although this is criticized and rejected. Two rules of hardship and beneficence are those believed to help prove the hypothesis by attaching to the rule of negation of hardship and difficulty. But, it is clear that it is not so. In feasibility study of this rule with the rule of no harm, they are proved by the murder illegality and the mentioned rules cannot govern the primary reasoning of depriving the life Therefore, euthanasia is not allowed at all.
Alireza Moshirahmadi, Abdoreza Javan Jafari, Aria Hejazi, Hesam Ghapanchi,
Volume 13, Issue 0 (3-2020)
Abstract
The possibility of mistakes, negligence, injuries and damages in medical activities could give rise to a civil or criminal case. In such cases, resorting to experts’ opinion is necessary. Forensic medicine organization has important role in such cases. Therefore, understanding of the criteria used by experts of this organization is important and could give rise to awareness of doctors and reduce their professional failures. This is a practical research with a descriptive and analytical method and its necessary information are collected by documentary studies. This investigation shows that medics normally try to have correct medical diagnosis and select appropriate process, and treat patients through reasonable methods to reduce their suffering and pains. It is possible that medics make a mistake in their diagnosis and treatment. Although the result of medical treatment are not guaranteed always, they have to do their treatment and operation according to reasonable and scientific standards and any recklessness and negligence causes criminal or civil responsibility. Reflection on the medical cases shows that the reasons of medic’s conviction can be divided into two categories including pre-treatment and post-treatment factors. Pre- treatment indices contain errors related to diagnosis or choice of treatment.
Abbas Mirshekari, Afrouz Samadi,
Volume 13, Issue 0 (3-2020)
Abstract
The first definition of sexual harassment which comes to mind is a behavior with force and violence. But is sexual harassment restricted to these behaviors? Apparently, sexual harassment comprises of a wide range; a range with rape on its one side (article 224 of the Criminal Code) and using offensive words (article 619 of the Ta’zirat part of the Criminal Code) containing sexual concept on the other. The conduct and talk which causes harm to someone just because of his/her sex. This concept is consistent with the spirit and purpose of the tort law which is for protection of victims. Moreover, this concept makes our legal system in line with other legal systems’ movement. However, Sexual harassment usually happens without the consent of the victim and by the use of force. But sometimes despite the consent of the victim, this consent is considered null and void since it is the result of duress, fraud, or pressure. Sexual harassment causes different types of damages such as physical or mental which have to be compensated in accordance with the “no harm” principle. In our legal system, blood money and the sum of money which is paid for the loss of virginity and the criminal relish are considered as different kinds of compensation. Also, mental and moral damage is awarded according to article 1 and 9 of the Iranian Civil Liability Code, and 14 of Iranian Criminal Procedure Code. Knowing legal aspects of this issue leads to respecting of moral aspects. Additionally, in this article, the sexual harassment as well as its related damages and compensations under Iranian law are investigated.
Seyed Ahmad Habibnejhad, Vahid Moazzen,
Volume 13, Issue 0 (3-2020)
Abstract
In recent decades, the concepts of healthy lifestyle and healthcare choices have been the subject of focus by healthcare policymakers. Together with financial, mental, and ethical reasons for citizens to have a free hand as far as their healthcare, numerous arguments based on the social aspects of healthcare have also been made by proponents of the necessity to limit these options by government, believing that in addition to personal consequences, an individual's healthcare choices have social ramifications as well. On the other hand, the definitions of the concept of freedom along with the impressionability factor of the individual's healthcare choices to government and society are other parameters that affect government policy in this area. By looking at the meaning of freedom from both the functional and opportunity creating standpoints, we have attempted to demonstrate that the optimal definition of freedom in the healthcare system is a responsibility based freedom in which it is although limited by the government, a person still maintains his individuality. According to the findings of this study, without establishing the necessary prerequisites by government and society, the freedom and equality of individuals in healthcare choices is meaningless. In this context, the special role of government is to create a balance between the individual rights and public interest as well as to cultivate responsible and well-informed citizens to protect themselves and others, building a society that would not allow the withdrawal or disregards of the right to freedom.
Valiallah Vahdaninia, Mir Sajad Said Mosavi, Mohammad Amin Vahdaninia, Abbas Vosoogh Moghaddam,
Volume 13, Issue 0 (3-2020)
Abstract
The "Legal language" has provided a strong supportive argument for right to health advocacy. In such a way that, human rights rules has been established as the most important globalized political value at the heart of the theory and practice of public health discourse. Its power of enforceability guaranties fair distribution of health resources in each country. At the same time, the right to health, the “Right-claim” which has been identified by international and national documents requires preconditions that will not come true without the proper cultural, social, economic, and political infrastructures, in general the factors shaping the "context of people's lives”. In other words, a legal reasoning for right to health can be followed by an argument for the right to health determinants. Therefore, by adopting an epistemological approach, this paper presents a legal narrative of “governance for health”. This paper creates a new perspective on the "right to health" debates. Additionally, it provides powerful arguments that health policy should be based on a perception of factors with major impacts on the people health and what have being described as "health hazard", "health protector", and "health promoter". However, this claim for right to health as an "individual enforceable right" is criticized, and there may be theoretical and practical obstacles to the full realization of this human right.
Mohamad Rasekh, Shirin Boroomand,
Volume 13, Issue 0 (3-2020)
Abstract
Modern infertility treatment methods, along with favorable results, sometimes bring about unfavorable consequences. Multiple pregnancy is one of those consequences that puts the health of mother and life of fetus in danger. Fetal reduction, namely removing one or more fetuses with aim of preserving pregnancy and also certain preventive measures such as transfer of fewer fetuses into uterus of mother in each cycle of In Vitro Fertilizations (IVF), is one of solutions to tackle this unfavorable consequence. In a number of legal systems, along with a permission to conduct fetal reduction, precise provisions on the number of transferable fetuses are enacted. A comparative study of fetal reduction in countries in which there is an experience of legal encounter with this issue shall open a horizon for the legislator and policy makers in the field of health in Iran, where there is no consistent laws or regulations in this context, so that they adopt an appropriate approach to the problem. It seems that a fetal reduction permission, limiting regulations on the number of transferable fetuses, and proper insurance coverage embody an appropriate legal system in the context of fetal reduction.
Fatemeh Kokabisaghi,
Volume 13, Issue 0 (3-2020)
Abstract
All children have a right to benefit from health facilities, goods and services and be protected from physical or mental violence, injury or abuse, and neglect or maltreatment. Some groups of children need special support to enjoy their rights. The aim of this paper is to review Iran’s laws and policies on the protection of children’s right to health. The method of this descriptive and analytical study was content analysis of international and national law and reports related to children’s right to health and the current situation of Iranian children. The data was collected from academic literature and official webpages of United Nations and Iranian government’s organizations. Realizing citizens’ right to health and protection, Iran’s laws respect the right of vulnerable groups of children to special support. Moreover, to protect Iranian children from health risks and maltreatment, there are several deterrent laws. Iranian laws on children often are consistent with international human rights laws. However, not all of them are adequately and completely implemented. To promote the health of children, weaknesses in the implementation of laws should be identified and removed.
Abdoreza Javan Jafari, Alireza Moshirahmadi, Aria Hejazi, Hesam Ghapanchi,
Volume 13, Issue 0 (3-2020)
Abstract
Efforts of the medical staff are to provide efficient, desirable, and high quality services to patients. However, medical treatments are not immune to error and mistake. So, occurrence of injury following medical managements is inevitable, an issue that could lead to a lawsuit against the medical staff. In such cases, resorting to experts’ opinion is necessary. Therefore, knowledge about effective indicators in sentencing can increase awareness of the treatment staff in addition to reduction of traumatic behaviors. Reflection on the medical forensic cases shows that the reasons of medic’s conviction can be divided in two categories including pre-treatment and post-treatment factors. Errors after entering the treatment process indicate post-treatment index. Breach at the end of treatment, not doing (lack of) treatment in the appropriate place, mismatch or mistake of used techniques, and fault or blunder are the most important issues related to this index. The present study intends to examine the effective criteria in sentencing medical staff in a descriptive-analytical manner based on expert opinions’ of medical malpractice cases.
