Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 1317-1329 |
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Sadeghi Moghadam M H, Ghasempour A. Analyzing Norman Daniels' Theory Regarding the Permissibility of Age Discrimination in the Allocation of Medical Resources in
Accordance with Iran's Legal System. MLJ 2025; 19 (60) :1317-1329
URL: http://ijmedicallaw.ir/article-1-1727-en.html
URL: http://ijmedicallaw.ir/article-1-1727-en.html
1- Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract:
Background and Aim: Daniels denies that age-based preferential treatment, regarding the allocation of medical resources, is discriminatory in the way that race or sex preferences are. Daniels argues that we should switch our focus from age groups to any individual lifespan. We all grow older, but we do not change our race and most of us do not change our sex. If we treat the young one way and the old another, then over time and within each lifespan, each person is treated both ways. Over time, the young and the old are thus treated equally. On the other hand, in Iran's legal system, there are constraints that make it necessary to examine the mentioned theory against them.
Method: This research is a theory and the research method is descriptive-analytical and the method of collection is library and it is information by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In the field of allocation of medical resources, various factors such as the patient's prognosis, life expectancy after treatment, the probability of treatment success, its costs and many other factors are important. A one-dimensional approach such as the age criterion cannot respond to practical realities.
Conclusion: Daniels’ theory is not compatible with religious foundations and specifically with the Holy Quran and subsequently with Iran' Constitution Law. The "age" factor should be considered along with other important factors.
Please cite this article as:
Sadeghi Moghadam MH, Ghasempour A. Analyzing Norman Daniels' Theory Regarding the Permissibility of Age Discrimination in the Allocation of Medical Resources in Accordance with Iran's Legal System. Medical Law Journal. 2025; 19: e79.
Method: This research is a theory and the research method is descriptive-analytical and the method of collection is library and it is information by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In the field of allocation of medical resources, various factors such as the patient's prognosis, life expectancy after treatment, the probability of treatment success, its costs and many other factors are important. A one-dimensional approach such as the age criterion cannot respond to practical realities.
Conclusion: Daniels’ theory is not compatible with religious foundations and specifically with the Holy Quran and subsequently with Iran' Constitution Law. The "age" factor should be considered along with other important factors.
Please cite this article as:
Sadeghi Moghadam MH, Ghasempour A. Analyzing Norman Daniels' Theory Regarding the Permissibility of Age Discrimination in the Allocation of Medical Resources in Accordance with Iran's Legal System. Medical Law Journal. 2025; 19: e79.
Type of Study: Original Article |
Received: 2023/09/20 | Accepted: 2024/01/22
Received: 2023/09/20 | Accepted: 2024/01/22
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