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Nazafarin Ghasemzadeh , Nazila Nikravan Fard , Mohammad Hossein Rahimi Rad , Sara Mousavipour , Fatemeh Faramarzi Razini ,
Volume 6, Issue 2 (5-2013)
Abstract

Considering the importance of medicine and the ever-increasing developments in medical research, the implementation of such research according to the ethical principles and criteria of creditable national and international declarations is of great significance. According to these declarations, the researcher has the highest responsibility to observe the rights and safety of participants. The present study intends to survey the rate of observance of research ethics in proposals approved at Urmia University of Medical Sciences between the years 2003 and 2008. Three hundred and twenty four research proposals that had been approved between 2003 and 2008 were evaluated retrospectively. Related checklists (self- constructed ones and World Health Organization checklists) were completed for each project, a statistical analysis of the results was done by SPSS software, and descriptive statistics were subsequently extracted.  A summary of the most important results is as follows: In 85.5% of the proposals, the ethical considerations part was completed. In 68.4% of the cases the participants were aware of participating in the study and in 67.9% of the cases the informed consent of participants was obtained, 50.9% of which was in written form. Among clinical trials, in 80% of the proposals informed consent was obtained, 85% of which was written. Out of 60 clinical trials, 37 projects (62%) were confirmed by the ethics committee. Considering the results obtained in this study, principles of research ethics were applied more closely in this study compared to similar studies in Iran. It seems this is due to the establishment and launch of regional ethics committees in 2003 and afterwards. However, in order to bring these measures closer to current standards, holding educational workshops for honorable members of scientific boards and students is recommended. Moreover, more accurate supervision of ethics committees, especially in clinical trials and animal experimentations, seems to be beneficial.


Seyyed Mahdi Salehi, Fatemeh Faramarzi Razini , Nazafarin Ghasemzadeh,
Volume 6, Issue 3 (8-2013)
Abstract

Presumption of innocence is one of the fundamental principles of criminal law that has its roots in moral and religious principles. Presumption of innocence is consistent with human nature, and special attention has been paid to it in Islam. For this reason it has been included in our constitutional law as well as in the constitutions and ordinary laws of other nations, and this indicates its significance. In Shiite jurisprudence there are two major theories on the responsibility of physicians as “daman al-tabib”. Most jurists (famous) consider the physician responsible even if he or she has committed no fault. Only a minority of jurists (less-known) consider the physician to have no responsibility. Islamic criminal law believes the physician to have absolute liability, although medical practices have become more sensitive than in the past and medical incidents have increased as a result of new technology and new methods of treatment. The present study intends to adopt a new approach to rules and principles of jurisprudence, and study the necessity of using them according to the requirements of time in solving everyday problems. Moreover, the study seeks ways to prevent the regression of those rules. Therefore, it seems essential that the golden principle of presumption of innocence be applied to physicians as the manifestation of God's healing, and more attention be paid to it.
Nazafarin Ghasemzadeh, Fatemeh Faramarzi Razini, Salman Alipour Ghoshchi, Seyed Mehdi Salehi,
Volume 7, Issue 4 (11-2014)
Abstract

Recent provisions to the Islamic Penal Code have provided favorable regulations that absolve the skilled physician from absolute liability and adjust liability according to fault. The revised code adopts a new approach by allowing physicians more freedom while providing added protection, which is consistent with ethical standards and Jurisprudential principles. The present paper aimed to investigate the development process of statutory laws in Iran regarding medical liability and at the same time analyze articles of the Islamic Penal Code of 2013 on the subject. Some articles have been found to contain ambiguities that need to be modified. As an instance there seems to be a conflict between Article 492 and Clause 1 of Article 496 that should be resolved as it pertains to a case of the cause and the perpetrator (physician and nurse). In these situations the doctor orders and the nurse acts, and it is therefore necessary and proper that physicians not be absolved from liability.
Abbas Yadollahi Baghlooei, Seyed Mohammad Azin, Reza Omani Samani,
Volume 8, Issue 1 (5-2015)
Abstract

Any contract in the Iranian legal system contains features that need to be explained in order to better understand the exact terms of agreement. Some such features are related to whether the contract is irrevocable or voidable, gratuitous or with considerations, and may bear upon accountability and suspension, formality or contentment, and so on. In surrogacy, the sperm and egg of an infertile couple are fertilized and then transferred to another woman's uterus to carry till birth, when the child is delivered to the owners of the sperm and egg. The specific features and uncertain nature of surrogacy specify the standing of this type of contract among others. The present article is aimed to examine the features of surrogacy agreements from ethical and legal perspectives


Abbas Yadollahi Baghlooei, Seyed Mohammad Azin, Reza Omani Samani,
Volume 8, Issue 5 (2-2016)
Abstract

In the Iranian Civil Code, article 190 and the following articles specify a series of conditions that each party of a contract should possess in order to be able to enter into the contract. The above-mentioned article states that in order for a contract to be valid, both parties must be of age, must be in full possession of their senses, and must have reached puberty. In addition to these conditions, the intended parents must meet a number of other criteria as well; for instance, they should be infertile and must be physically and mentally healthy. As regards the surrogate mother, she needs to be married and in good physical and mental health, and she should have previously conceived a child. She must also be of an age suitable for pregnancy, and it needs to be ascertained that she will come to no harm due to pregnancy. These terms, however, are not ordained by the Iranian law and are only observed by some institutions at the moment. Therefore it is recommended that legislators focus on the issue of surrogacy and oversee the observance of the above-mentioned terms by institutions that are involved in the process.


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.


Mohammad Hossein Asgardoon, Sepehr Azizi, Azin Ebrahimi, Mohammad Hossein Ahmadian,
Volume 12, Issue 0 (3-2019)
Abstract

Several definitions for medical futility has been proposed in the literature. Medical futility is defined as the condition in which an intervention, either for diagnosis, prevention, treatment, rehabilitation or other medical goals, has no benefit for the individual patient. This critical review aimed to increase the understanding of physicians and other healthcare providers on the issue of futility in complementary and alternative medicine (CAM). Our comprehensive search resulted in more than 1000 studies; unrelated studies were excluded by title and abstract screening, then 219 full-texts were read and finally, 118 studies were included. The conclusion concerning whether or not it is morally acceptable to provide a futile treatment in CAM, becomes a controversial issue based on different approaches. Using futile treatments is not acceptable according to the duty-based approach, and the principle of justice. In contrast, the case-based approach  and the principle of autonomy of the patient, hold that such treatments could be morally acceptable. Based on utilitarianism, only evidence-based treatments can be morally discussed, and those CAM therapies that have been shown to be futile, should be prohibited; thus health care providers must not offer them to patients since it would be a kind of deceit. We suggest that more comprehensive studies should be performed to clarify the boundary between placebo, nocebo, and futility.

Elaheh Homayounzadeh, Seyed Mohammad Azin,
Volume 16, Issue 1 (3-2023)
Abstract

The reproductive right, in its positive or negative form, has been raised in all religions and sects as well as in international documents and human rights, as an important principle and a supported and demanded right. However, the negative population growth rate in recent years in Iran, despite religious documents and laws and jurisprudential and theological support, shows the importance of the government’s attention to the causes of negative population growth and the necessity of taking measures to resolve this problem. Even though the population increase is of paramount importance and governments have the right to recommend and encourage population growth according to their visions, it is the right of every family to freely make their own decision regarding fertility or non-fertility. Although the reproductive right requires the freedom of decision, we should not ignore the positive and negative consequences of legislation regarding the population increase under any title and for any purpose. Informing people of these consequences is the responsibility of the governments and it is the right of the citizens to be fully aware of them and then make a decision freely; the freedom of action which has been neglected by the legislators in the Youthful Population and Protection of the Family Law and needs to be revised. This study attempted to investigate different viewpoints and domestic and foreign scientific and legal texts, to first prove the freedom of individuals in the implementation of reproductive rights, and then, explain the merits and demerits of Article 51 of the Youthful Population and Protection of the Family Law. Finally, certain suggestions were proposed to change this article as well as the legislators’ point of view regarding the strategies to increase the population growth rate.


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