Mohammad Rasekh, Amirhossein Khodaparast,
Volume 7, Issue 2 (7-2014)
Abstract
Reproduction is one of the basic abilities of human beings. This is often realized in a natural way, though in certain cases new methods and technologies provide infertile couples with the opportunity to realize their wish to have children. In recent years, the term “right to reproduction” has emerged, and sometimes emphasis is placed on the obligation of governments to satisfy this right. However, it seems that the ambiguity of the aforementioned term may create serious problems in our understanding of the subject matter and, in consequence, affect the manner in which it is handled in the society. In this paper, in addition to discussing the concept of rights, it is argued that the right to reproduction may be embodied both by a claim right and a liberty right, even though the latter is only a justifiable and acceptable way of representing the right to reproduction. Therefore, this right entails the freedom to bear children and to pursue provision of the requirements, including utilizing ART. As in the case of other human rights, this should be in balance and proportion with public interests, in such a way that in particular circumstances, such as problematic population situations, it may be protected or prevented by the government.
Jafar Nory Yoshanloey, Shobeir Azadbakht,
Volume 15, Issue 1 (3-2022)
Abstract
One of the key principles in medical ethics, which has significant social effects, is the confidentiality of medical information. Given the significance of this principle, the legal systems of different countries have considered and recognized the principle of confidentiality. The existence of the principle of confidentiality can be viewed for two groups of people: those who are alive and those who have died. Two different bases underlie the recognition of confidentiality for each group. In Iranian and French law, this principle is applied to protect the privacy of living persons. While, for deceased people, it is applied for the public interests of the community and to ensure the no-harm rule. The purpose of this article is to examine how the principle of confidentiality is contemplated for these two groups of persons in French and Iranian law. There is an explicit provision in French law regarding the living and the deceased persons. In Iranian law, however, the principle of confidentiality is only recognized for living persons; However, despite the silence of the Iranian legislator, the principle of confidentiality can be extended to the deceased people. Nevertheless, this article attempts to briefly examine the concept and basis of the principle of confidentiality and then describe the position of the two legal systems of France and Iran.
