Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 919-939 |
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Alizadeh F, Abbasi A, Esmaili M. The right to the health of imprisoned children in the light of international instruments. MLJ 2021; 15 (56) :919-939
URL: http://ijmedicallaw.ir/article-1-1405-en.html
URL: http://ijmedicallaw.ir/article-1-1405-en.html
1- Department of Law, Faculty of Humanities, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
2- Department of Law, Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Chalous, Iran
3- Department of Law, Faculty of Humanities, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
2- Department of Law, Faculty of Law and Political Science, Chalous Branch, Islamic Azad University, Chalous, Iran
3- Department of Law, Faculty of Humanities, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
Abstract:
Background and Aim: The right to health as one of the examples of human rights after the Second World War through the adoption of the Universal Declaration of Human Rights and subsequently, the Covenant on Economic, Social and Cultural Rights as a general principle in the field of international law was accepted. The purpose of this study is to analyze the right to health in relation to juvenile prisoners in the framework of international instruments.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that the right to health of imprisoned children is not explicitly recognized in any binding international document. To consider this right and the obligations associated with it, we must resort to various international instruments.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The right to health has been recognized as an international principle and has been widely recognized in relation to all individuals. However, it should be noted that vulnerable classes and strata in any society are in dire need of legal protection and protection. Basically, the prison environment is a harmful environment that is several times more dangerous for children and adolescents. As a result, the spatial and implicit recognition of the right to children's health in various documents cannot be a strong guarantee for the status of these children.
Cite this article as: Alizadeh F, Abbasi A, Esmaili M. The right to the health of imprisoned children in the light of international instruments. Medical Law Journal 2021; 15(56): e58.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that the right to health of imprisoned children is not explicitly recognized in any binding international document. To consider this right and the obligations associated with it, we must resort to various international instruments.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The right to health has been recognized as an international principle and has been widely recognized in relation to all individuals. However, it should be noted that vulnerable classes and strata in any society are in dire need of legal protection and protection. Basically, the prison environment is a harmful environment that is several times more dangerous for children and adolescents. As a result, the spatial and implicit recognition of the right to children's health in various documents cannot be a strong guarantee for the status of these children.
Cite this article as: Alizadeh F, Abbasi A, Esmaili M. The right to the health of imprisoned children in the light of international instruments. Medical Law Journal 2021; 15(56): e58.
Type of Study: Original Article |
Received: 2021/06/27 | Accepted: 2021/11/3
Received: 2021/06/27 | Accepted: 2021/11/3
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