Iranian Journal of Medical Ethics and History of Medicine

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.

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.