Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 473-486 |
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Shabani M M, Saberi R, Bagherinezhad Z. Medico-Legal Analysis of Restrictions on Prenatal Screening under the Youthful Population Law: A Study of the Right to Health, Victimization, and Criminogenic Risks. MLJ 2026; 20 (61) :473-486
URL: http://ijmedicallaw.ir/article-1-2055-en.html
URL: http://ijmedicallaw.ir/article-1-2055-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Background and Aim: The enactment of the Youthful Population Law and the imposition of restrictions on prenatal screening have created a tension between population policies and fundamental rights, including the right to health and informed decision-making. Situated at the intersection of medical law and public policy, this legislative approach requires a careful assessment of its unintended legal, social, and criminological consequences. This study aims to examine the pathological and criminological implications of the Law with respect to increasing criminality, expanding cycles of victimization, and undermining the fundamental rights of citizens.
Methods: This study employed a descriptive–analytical methodology using a qualitative approach. Data were collected through documentary analysis of legislation, legal scholarship, and other library-based sources. To obtain a more comprehensive understanding of the practical dimensions of the issue, semi-structured interviews with experts in law, medicine, and the social sciences were used as supplementary data.
Ethical Considerations: Throughout the study, ethical principles, including obtaining informed consent from participants, ensuring the confidentiality of participants’ identities and information, and using the collected data exclusively for research purposes, were fully observed.
Results: The findings demonstrate that these restrictions give rise to significant multidimensional consequences. From an economic and psychological perspective, they increase families’ vulnerability by imposing substantial financial burdens and emotional distress. Legally, they challenge fundamental principles such as the right to health, human dignity, and non-discrimination. From a criminological perspective, they generate risk factors that contribute to both primary and secondary victimization of children and their families and may increase crime associated with economic hardship and psychosocial deterioration.
Conclusion: The restrictions imposed under the Youthful Population Law, in the absence of a comprehensive assessment of their legal and social consequences, directly contribute to the production and reproduction of cycles of victimization. The findings underscore the urgent need for an evidence-based reconsideration of the Law. A shift from a one-dimensional legislative approach toward a comprehensive rights-based framework that prioritizes health and social justice is essential for effective public policymaking.
Please cite this article as:
Shabani MM, Saberi R, Bagherinezhad Z. Medico-Legal Analysis of Prenatal Screening Restrictions in Light of the Youthful Population Law: A Study on the Right to Health, Victimization and the Contexts of Delinquency. Medical Law Journal. 2026; 20: e31.
Methods: This study employed a descriptive–analytical methodology using a qualitative approach. Data were collected through documentary analysis of legislation, legal scholarship, and other library-based sources. To obtain a more comprehensive understanding of the practical dimensions of the issue, semi-structured interviews with experts in law, medicine, and the social sciences were used as supplementary data.
Ethical Considerations: Throughout the study, ethical principles, including obtaining informed consent from participants, ensuring the confidentiality of participants’ identities and information, and using the collected data exclusively for research purposes, were fully observed.
Results: The findings demonstrate that these restrictions give rise to significant multidimensional consequences. From an economic and psychological perspective, they increase families’ vulnerability by imposing substantial financial burdens and emotional distress. Legally, they challenge fundamental principles such as the right to health, human dignity, and non-discrimination. From a criminological perspective, they generate risk factors that contribute to both primary and secondary victimization of children and their families and may increase crime associated with economic hardship and psychosocial deterioration.
Conclusion: The restrictions imposed under the Youthful Population Law, in the absence of a comprehensive assessment of their legal and social consequences, directly contribute to the production and reproduction of cycles of victimization. The findings underscore the urgent need for an evidence-based reconsideration of the Law. A shift from a one-dimensional legislative approach toward a comprehensive rights-based framework that prioritizes health and social justice is essential for effective public policymaking.
Please cite this article as:
Shabani MM, Saberi R, Bagherinezhad Z. Medico-Legal Analysis of Prenatal Screening Restrictions in Light of the Youthful Population Law: A Study on the Right to Health, Victimization and the Contexts of Delinquency. Medical Law Journal. 2026; 20: e31.
Keywords: Prenatal Screening, Victimization, Criminality, Youthful Population Law, Right to Health, Criminal Policy.
Type of Study: Original Article |
Received: 2025/12/12 | Accepted: 2026/04/29
Received: 2025/12/12 | Accepted: 2026/04/29
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