Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 825-837 |
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Hasanabadi M, Parsa E. Civil Sanctions Implementation of the Rights of People with Disabilities in Iranian Legal System and Providing a Desirable Model. MLJ 2023; 17 (58) :825-837
URL: http://ijmedicallaw.ir/article-1-1737-en.html
URL: http://ijmedicallaw.ir/article-1-1737-en.html
1- Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:
Background and Aim: One of the topics that are directly related to human rights is the rights of people with disabilities. Lack of prediction of sufficient performance guarantee of the rights of the disabled, causes weakness and defects in the rights of this category of people. So, laws and legal rules must be approved in such a way that there is no possibility of non-implementation by individuals. Therefore, in this article, we will examine the performance guarantee of the rights of people with disabilities and in the end; we will seek to provide a disable model.
Methods: This research was written using documents and library resources and descriptive and analytical method.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings indicate that in the discussion of the guarantee of civil enforcement, should be made a distinction between the government liability and non-governmental organizations and in issue of government liability, a distinction should be made between the liability of the government and government employees. Even in some cases, joint liability can be used to prevent the violation of the rights of people with disabilities and better compensation.
Conclusion: It seems that in the issue of guaranteeing civil enforcement, the three powers should be responsible for their actions in the cases of approval and adoption of ineffective laws and incorrect implementation of them and there is no difference between the government actions and the government authority. Even in cases of moral damage inflicted on a person with a disability, this type of damage must be compensated. Also, regarding the liability of individuals and non-governmental institutions, according to the general rules of civil liability, no damage should remain uncompensated and this people should follow the general rules of civil responsibility.
Please cite this article as:
Hasanabadi M, Parsa E. Civil Sanctions Implementation of the Rights of People with Disabilities in Iranian Legal System and Providing a Desirable Model. Medical Law Journal. 2023; 17(58): e56.
Methods: This research was written using documents and library resources and descriptive and analytical method.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings indicate that in the discussion of the guarantee of civil enforcement, should be made a distinction between the government liability and non-governmental organizations and in issue of government liability, a distinction should be made between the liability of the government and government employees. Even in some cases, joint liability can be used to prevent the violation of the rights of people with disabilities and better compensation.
Conclusion: It seems that in the issue of guaranteeing civil enforcement, the three powers should be responsible for their actions in the cases of approval and adoption of ineffective laws and incorrect implementation of them and there is no difference between the government actions and the government authority. Even in cases of moral damage inflicted on a person with a disability, this type of damage must be compensated. Also, regarding the liability of individuals and non-governmental institutions, according to the general rules of civil liability, no damage should remain uncompensated and this people should follow the general rules of civil responsibility.
Please cite this article as:
Hasanabadi M, Parsa E. Civil Sanctions Implementation of the Rights of People with Disabilities in Iranian Legal System and Providing a Desirable Model. Medical Law Journal. 2023; 17(58): e56.
Type of Study: Original Article |
Received: 2023/08/11 | Accepted: 2023/11/26
Received: 2023/08/11 | Accepted: 2023/11/26
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