Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 113-125 |
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Mohammadi M, Mahdavi Sabet M A, Mehra N, Ashouri M. The Criminal Responsibility of the Medical Staff for the Manipulation of the Human Genome from the Perspective of the International Human Rights System, the Islamic Legal System and the Criminal Policy of Iran. MLJ 2025; 19 (60) :113-125
URL: http://ijmedicallaw.ir/article-1-1871-en.html
URL: http://ijmedicallaw.ir/article-1-1871-en.html
1- Department of Criminal Law and Criminology, Faculty of Law, Science and Research Unit, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Manipulation of the human genome is one of the invasive methods of genetic science in order to eliminate defects, which is mainly used in the field of reproduction, while in the sources of the international humanitarian law system, there is a proposition that the principle of non-criminal liability of medical personnel for manipulating the human genome should exist except in cases of severe and irreparable harm. In contrast, in the Islamic legal system and Iranian criminal policy, the principle of criminal liability of medical personnel is based on, because the act of manipulating the human genome has numerous hidden aspects for which the responsibility lies with the medical team.
Method: This research is based on a descriptive-analytical method and in this regard, reliable library sources, including first-hand sources, namely laws and regulations at the level of the Iranian legal system and the international humanitarian law system and rules that exist in terms of jurisprudence and that govern the manipulation of the human genome and second-hand sources, namely doctrines and theories that have been raised in each of these cases, have been used.
Ethical Considerations: This research was conducted based on ethical considerations such as the principles of scientific trustworthiness, originality of the text and scientific impartiality.
Results: It is important to note that according to the Islamic Penal Code of 1392, absolute liability has been taken away from physicians and they have been directed towards fault-based liability. Of course, in this regard, there are conflicts between Article 492 and Note 1 of Article 496 of the Islamic Penal Code. It is also worth mentioning that Article 158, Clause "C" of the Islamic Penal Code merely refers to the issue of legitimate surgical or medical procedures, but there are also ambiguities regarding whether manipulation of the human genome is a legitimate surgical or medical procedure.
Conclusion: In the Iranian penal system, due to the lack of specific laws and regulations in the field of criminal liability of medical personnel, the criminal liability of medical personnel is subject to the same general rules as contained in the Islamic Penal Code. In relation to the approach in international human rights instruments, mainly based on the Optional Protocol to the Convention for the Protection of Human Rights and Human Dignity, criminal liability is provided if the aim is to create a human being who is genetically identical to another human being, whether living or dead. In relation to the jurisprudential approach, it seems that given that on the one hand, the principle of do no harm is based on the proposition that if not manipulating the human genome causes greater harm and on the other hand, there is a principle of respect that prevents major manipulation of the human genome; criminal liability for medical personnel is possible only in cases that are not necessary.
Please cite this article as:
Mohammadi M, Mahdavi Sabet MA, Mehra N, Ashouri M. The Criminal Responsibility of the Medical Staff for the Manipulation of the Human Genome from the Perspective of the International Human Rights System, the Islamic Legal System and the Criminal Policy of Iran. Medical Law Journal. 2025; 19: e9.
Method: This research is based on a descriptive-analytical method and in this regard, reliable library sources, including first-hand sources, namely laws and regulations at the level of the Iranian legal system and the international humanitarian law system and rules that exist in terms of jurisprudence and that govern the manipulation of the human genome and second-hand sources, namely doctrines and theories that have been raised in each of these cases, have been used.
Ethical Considerations: This research was conducted based on ethical considerations such as the principles of scientific trustworthiness, originality of the text and scientific impartiality.
Results: It is important to note that according to the Islamic Penal Code of 1392, absolute liability has been taken away from physicians and they have been directed towards fault-based liability. Of course, in this regard, there are conflicts between Article 492 and Note 1 of Article 496 of the Islamic Penal Code. It is also worth mentioning that Article 158, Clause "C" of the Islamic Penal Code merely refers to the issue of legitimate surgical or medical procedures, but there are also ambiguities regarding whether manipulation of the human genome is a legitimate surgical or medical procedure.
Conclusion: In the Iranian penal system, due to the lack of specific laws and regulations in the field of criminal liability of medical personnel, the criminal liability of medical personnel is subject to the same general rules as contained in the Islamic Penal Code. In relation to the approach in international human rights instruments, mainly based on the Optional Protocol to the Convention for the Protection of Human Rights and Human Dignity, criminal liability is provided if the aim is to create a human being who is genetically identical to another human being, whether living or dead. In relation to the jurisprudential approach, it seems that given that on the one hand, the principle of do no harm is based on the proposition that if not manipulating the human genome causes greater harm and on the other hand, there is a principle of respect that prevents major manipulation of the human genome; criminal liability for medical personnel is possible only in cases that are not necessary.
Please cite this article as:
Mohammadi M, Mahdavi Sabet MA, Mehra N, Ashouri M. The Criminal Responsibility of the Medical Staff for the Manipulation of the Human Genome from the Perspective of the International Human Rights System, the Islamic Legal System and the Criminal Policy of Iran. Medical Law Journal. 2025; 19: e9.
Keywords: Manipulation of the Human Genome, Biosafety Law, Criminal Liability of Medical Personnel, International Human Rights System, Islamic Law System, Iranian Criminal Policy
Type of Study: Original Article |
Received: 2024/07/30 | Accepted: 2025/03/3
Received: 2024/07/30 | Accepted: 2025/03/3
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