Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 490-503 |
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Hossein Mardi M, Ahmadi A, Afzalnejad N A. Guaranteeing the Implementation of the Right to Children's Health by Parents from the Perspective of Jurisprudence and Law Analysis. MLJ 2023; 17 (58) :490-503
URL: http://ijmedicallaw.ir/article-1-1644-en.html
URL: http://ijmedicallaw.ir/article-1-1644-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Varamin-Pishva Branch, Islamic Azad University, Varamin, Iran.
Abstract:
Background and Aim: The right to health is an important issue in international and domestic documents. The purpose of this research is to analyze jurisprudence and legal guarantee of the implementation of this right for children by parents. This means that with a normative approach, an effort has been made to clarify the needs and shortcomings in this field.
Methods: This article is qualitative and descriptive, and its method is analytical, which was done by referring to documentary sources.
Ethical Considerations: Ethical principles, including accurate citation and use of sources, have been observed in accordance with the principles of referencing.
Results: The right to children's health is not very clear in domestic laws, including the constitution. But its dimensions can be found in some other special laws related to children and teenagers. However, the patriarchal approach, neglecting injuries and injuries against children by parents are important weaknesses of the laws related to child-parent relations.
Conclusion: The right of parents to the health of their children in Iran, despite the emphasis of jurisprudence, is not given much attention by the legislator. Among other things, the legislator's approach towards the right to life, the right to prevent the persecution of children is not clear. Because the legislator does not consider the parents as deserving of punishment until the child's corporal punishment leads to a fracture or visible injury. In addition, mental and spiritual health, which is very evident in the jurisprudence and tradition of Imams, has been neglected by the legislator.
Please cite this article as:
Hossein Mardi M, Ahmadi A, Afzalnejad NA. Guaranteeing the Implementation of the Right to Children's Health by Parents from the Perspective of Jurisprudence and Law Analysis. Medical Law Journal. 2023; 17(58): e34.
Methods: This article is qualitative and descriptive, and its method is analytical, which was done by referring to documentary sources.
Ethical Considerations: Ethical principles, including accurate citation and use of sources, have been observed in accordance with the principles of referencing.
Results: The right to children's health is not very clear in domestic laws, including the constitution. But its dimensions can be found in some other special laws related to children and teenagers. However, the patriarchal approach, neglecting injuries and injuries against children by parents are important weaknesses of the laws related to child-parent relations.
Conclusion: The right of parents to the health of their children in Iran, despite the emphasis of jurisprudence, is not given much attention by the legislator. Among other things, the legislator's approach towards the right to life, the right to prevent the persecution of children is not clear. Because the legislator does not consider the parents as deserving of punishment until the child's corporal punishment leads to a fracture or visible injury. In addition, mental and spiritual health, which is very evident in the jurisprudence and tradition of Imams, has been neglected by the legislator.
Please cite this article as:
Hossein Mardi M, Ahmadi A, Afzalnejad NA. Guaranteeing the Implementation of the Right to Children's Health by Parents from the Perspective of Jurisprudence and Law Analysis. Medical Law Journal. 2023; 17(58): e34.
Type of Study: Original Article |
Received: 2023/05/5 | Accepted: 2023/08/16
Received: 2023/05/5 | Accepted: 2023/08/16
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