Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 636-648 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Arjamand Mazidi M, Amerinia M B, Pourjavaheri A. A Typology of the Best Interests of Minors in Urgent Medical Circumstances and Legal Remedies for Their Violation. MLJ 2026; 20 (61) :636-648
URL: http://ijmedicallaw.ir/article-1-1877-en.html
URL: http://ijmedicallaw.ir/article-1-1877-en.html
1- Department of Private Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran.
Abstract:
Background and Aim: In jurisprudential and legal literature, minors, owing to their particular age-related circumstances and limited capacity for autonomous decision-making, are subject to decisions made by their guardians. Such decisions may, in various ways, serve the best interests and welfare of the minor or, conversely, undermine them. This study seeks to examine the different manifestations of the minor’s best interests in relation to urgent medical circumstances from both positive and negative perspectives.
Method: This is a descriptive-analytical study based on library and documentary research.
Ethical Considerations: Throughout the preparation and writing of this article, ethical principles and standards, including proper citation and academic integrity, were observed.
Results: Respecting the best interests of the minor and taking their welfare into consideration are of particular importance. Both the Civil Code and the Law on the Protection of Children and Adolescents, enacted in 2020, provide certain forms of legal protection and remedies in cases involving the violation of a minor’s best interests. Like any other person, a minor is entitled, in accordance with the principle of self-determination, to challenge both negative and affirmative decisions made by their guardian where such decisions are not in the minor’s best interests.
Conclusion: Articles 1184 and 1186 of the Civil Code, having regard to the particular circumstances of minors and the need to protect them while preserving the family unit, provide mechanisms applicable where the paternal guardian fails to take into account the welfare and best interests of the person under guardianship. In such circumstances, recourse to the courts, as well as the imposition of legal sanctions on the guardian or removal of the guardian from guardianship, may be pursued. Accordingly, both the Civil Code and the Law on the Protection of Children and Adolescents provide appropriate legal mechanisms for safeguarding and realizing the best interests of minors and addressing their needs and welfare.
Please cite this article as:
Arjamand Mazidi M, Amerinia MB, Pourjavaheri A. A Typology of the Best Interests of Minors in Urgent Medical Circumstances and Legal Remedies for Their Violation. Medical Law Journal. 2026; 20: e41.
Method: This is a descriptive-analytical study based on library and documentary research.
Ethical Considerations: Throughout the preparation and writing of this article, ethical principles and standards, including proper citation and academic integrity, were observed.
Results: Respecting the best interests of the minor and taking their welfare into consideration are of particular importance. Both the Civil Code and the Law on the Protection of Children and Adolescents, enacted in 2020, provide certain forms of legal protection and remedies in cases involving the violation of a minor’s best interests. Like any other person, a minor is entitled, in accordance with the principle of self-determination, to challenge both negative and affirmative decisions made by their guardian where such decisions are not in the minor’s best interests.
Conclusion: Articles 1184 and 1186 of the Civil Code, having regard to the particular circumstances of minors and the need to protect them while preserving the family unit, provide mechanisms applicable where the paternal guardian fails to take into account the welfare and best interests of the person under guardianship. In such circumstances, recourse to the courts, as well as the imposition of legal sanctions on the guardian or removal of the guardian from guardianship, may be pursued. Accordingly, both the Civil Code and the Law on the Protection of Children and Adolescents provide appropriate legal mechanisms for safeguarding and realizing the best interests of minors and addressing their needs and welfare.
Please cite this article as:
Arjamand Mazidi M, Amerinia MB, Pourjavaheri A. A Typology of the Best Interests of Minors in Urgent Medical Circumstances and Legal Remedies for Their Violation. Medical Law Journal. 2026; 20: e41.
Type of Study: Original Article |
Received: 2024/12/10 | Accepted: 2025/05/6
Received: 2024/12/10 | Accepted: 2025/05/6
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
