Iranian Journal of Medical Ethics and History of Medicine

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.
 

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.

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.

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.

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.

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.

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.

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.

 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.

Moral sensitivity is one of the important criteria in the principles of professional ethics and psychology is the theme of some of its dimensions, thus the aim of this study was to explain meaning of moral sensitivity by emphasizing on its psychological dimensions from the perspective of operating room treatment staff. In this quantitative research, a semi-structured and in-depth interview was conducted with a total of 11 operating room treatment staff. Content analysis was carried out by Strauss and Corbin method. Output of the recent study includes three themes of environmental variables, individual and interpersonal events and problems, and the reciprocal rights of the patient and medical staff. Dimensions of moral sensitivity included degree of respect for the client's independence, level of awareness about how to communicate with the patient, level of professional knowledge, experience of moral problems and conflicts, use of ethical concepts in moral decisions, and honesty and benevolence. Our observations revealed difference between views of the staff from various dimensions of "moral sensitivity" with what is actually mentioned in the texts. To the extent that many of the interviewees perceived moral sensitivity as something that offends them personally.

One of the most important issues in medical law is the issue of physician responsibility. The aim of this study was to investigate the relationship between belief in each of the physician's responsibilities towards the patient and responsibility. The research method is library and descriptive-correlation. An examination of various sources shows that there are four perspectives on the physician's responsibility to the patient. The results show that there is a positive correlation between the components of responsibility and physician responsibility perspectives, which are significant at the level of 0.01. Findings indicate that views 1 and 3 are more correlated with physicians' responsibility than other views. The degree of correlation between the dimensions of responsibility with the views that consider more responsibility for physicians is greater.