Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 544-558 |
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Saffarinia M, Vosoghi Torbati Z. States Commitment to Safeguarding the Child's Right to Health in Hazardous Marriage from the Perspective of International
Instrument and the European Union. MLJ 2025; 19 (60) :544-558
URL: http://ijmedicallaw.ir/article-1-1803-en.html
URL: http://ijmedicallaw.ir/article-1-1803-en.html
1- Department of Law, Refah University, Tehran, Iran.
Abstract:
Background and Aim: On one hand, the right to children's health is an important subject in international and regional documents and on the other hand, the right to marriage and family formation in risky marriages poses a potential threat to the violation of children's health rights in the future. The conflict between these two human rights, both of which are emphasized in international documents, has led to different actions by governments, especially European governments and the issuance of different opinions in international mechanisms and the European Union Court of Justice.
Method: This research is theoretical in nature, using a descriptive-analytical research method. Data collection was library-based, involving the review of documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of work have been observed.
Results: In general, the commitments of governments towards the right to children's health resulting from risky marriages are divided into pre-marital, pre-pregnancy, pregnancy and post-pregnancy periods. European governments, while not recognizing legal rights for the fetus, cannot ignore the future health rights of children and are obligated to impose restrictions positively or negatively to uphold this right.
Conclusion: The right to children's health has been emphasized by the European Union and international documents. When the health of the family, especially the future child, is at risk and endangers public health indicators, intervention in the family institution is necessary to ensure the conditions for realizing the right to health. This intervention can be minimal as in Southern European countries like Greece and Germany or maximal as in countries like Sweden and Norway. Therefore, the level of government intervention in procreation rights of couples in risky marriages is embedded in their adopted approach. Additionally, the level of government intervention in private matters is minimal; however, if the interests of parent conflict with the interests of the child in risky marriages, the extent of government intervention in this area is determined based on the child's best interests.
Please cite this article as:
Saffarinia M, Vosoghi Torbati Z. States Commitment to Safeguarding the Child's Right to Health in Hazardous Marriage from the Perspective of International Instrument and the European Union. Medical Law Journal. 2025; 19: e36.
Method: This research is theoretical in nature, using a descriptive-analytical research method. Data collection was library-based, involving the review of documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of work have been observed.
Results: In general, the commitments of governments towards the right to children's health resulting from risky marriages are divided into pre-marital, pre-pregnancy, pregnancy and post-pregnancy periods. European governments, while not recognizing legal rights for the fetus, cannot ignore the future health rights of children and are obligated to impose restrictions positively or negatively to uphold this right.
Conclusion: The right to children's health has been emphasized by the European Union and international documents. When the health of the family, especially the future child, is at risk and endangers public health indicators, intervention in the family institution is necessary to ensure the conditions for realizing the right to health. This intervention can be minimal as in Southern European countries like Greece and Germany or maximal as in countries like Sweden and Norway. Therefore, the level of government intervention in procreation rights of couples in risky marriages is embedded in their adopted approach. Additionally, the level of government intervention in private matters is minimal; however, if the interests of parent conflict with the interests of the child in risky marriages, the extent of government intervention in this area is determined based on the child's best interests.
Please cite this article as:
Saffarinia M, Vosoghi Torbati Z. States Commitment to Safeguarding the Child's Right to Health in Hazardous Marriage from the Perspective of International Instrument and the European Union. Medical Law Journal. 2025; 19: e36.
Keywords: Right to Health, Risky Marriages, Government Commitments, International Documents, European Union
Type of Study: Original Article |
Received: 2024/06/10 | Accepted: 2025/08/12
Received: 2024/06/10 | Accepted: 2025/08/12
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