Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 80-93 |
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Seyednasseri M M, Abbasi M. The Right to Health of Children in Armed Conflict: A Case Study of the Attack on Shajareh Taybeh School in Minab. MLJ 2026; 20 (61) :80-93
URL: http://ijmedicallaw.ir/article-1-2068-en.html
URL: http://ijmedicallaw.ir/article-1-2068-en.html
1- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:
Background and Aim: The right to health of children in armed conflict, situated at the intersection of medical law and international humanitarian law, constitutes one of the most fundamental human rights, aimed at safeguarding the physical, psychological and social integrity of children in situations of crisis. However, the widening gap between established norms of international law and their practical implementation has posed serious challenges to the effectiveness of such protection. Focusing on the attack on Shajareh Taybeh School in Minab, this study seeks to analyze this structural disjunction and its implications for the realization of children’s right to health.
Method: This study adopts a descriptive–analytical and normative approach. By outlining the theoretical foundations of the right to health alongside the core principles of international humanitarian law, it undertakes a case-based analysis of a concrete incident to assess the degree of alignment between actual conduct and legal obligations.
Ethical Considerations: This research has been conducted in accordance with the principles of academic integrity, precise citation of legal sources and adherence to standards of scholarly honesty. Particular care has been taken to avoid any distortion or unsupported use of sources.
Results: The findings indicate that, in the case of the attack on Shajareh Taybeh School in Minab, the violations did not merely amount to departures from general principles of international humanitarian law, but more specifically comprised: 1- The direct targeting of an educational facility devoid of any military use (violation of the principle of distinction); 2- The infliction of extensive and foreseeable harm on the physical and psychological health of children at a level exceeding any conceivable military advantage (violation of the principle of proportionality); 3- The absence of any prior assessment of health-related consequences within the operational decision-making process (violation of precautionary obligations). Case-specific data further demonstrate that more than 168 children were killed and that a wide range of persistent psychological harms has been documented among survivors, reflecting the simultaneous collapse of the three dimensions of health physical, psychological and social.
Conclusion: This study concludes that the Minab case constitutes a concrete illustration of the structural inefficiency of the international legal system in internalizing considerations of children’s health in assessing the legality of military operations. Accordingly, it is proposed that: (1) “children’s health” be incorporated as a binding evaluative criterion in assessing the proportionality of attacks within international military guidelines; (2) ex ante health-impact assessments be mandated as a condition for the legality of military operations; and (3) attacks on child-centered spaces such as schools be recognized, under the category of “grave health-based violations,” as a distinct class of international offenses.
Please cite this article as:
Seyednasseri MM, Abbasi M. The Right to Health of Children in Armed Conflict: A Case Study of the Attack on Shajareh Taybeh School in Minab. Medical Law Journal. 2026; 20: e6.
Method: This study adopts a descriptive–analytical and normative approach. By outlining the theoretical foundations of the right to health alongside the core principles of international humanitarian law, it undertakes a case-based analysis of a concrete incident to assess the degree of alignment between actual conduct and legal obligations.
Ethical Considerations: This research has been conducted in accordance with the principles of academic integrity, precise citation of legal sources and adherence to standards of scholarly honesty. Particular care has been taken to avoid any distortion or unsupported use of sources.
Results: The findings indicate that, in the case of the attack on Shajareh Taybeh School in Minab, the violations did not merely amount to departures from general principles of international humanitarian law, but more specifically comprised: 1- The direct targeting of an educational facility devoid of any military use (violation of the principle of distinction); 2- The infliction of extensive and foreseeable harm on the physical and psychological health of children at a level exceeding any conceivable military advantage (violation of the principle of proportionality); 3- The absence of any prior assessment of health-related consequences within the operational decision-making process (violation of precautionary obligations). Case-specific data further demonstrate that more than 168 children were killed and that a wide range of persistent psychological harms has been documented among survivors, reflecting the simultaneous collapse of the three dimensions of health physical, psychological and social.
Conclusion: This study concludes that the Minab case constitutes a concrete illustration of the structural inefficiency of the international legal system in internalizing considerations of children’s health in assessing the legality of military operations. Accordingly, it is proposed that: (1) “children’s health” be incorporated as a binding evaluative criterion in assessing the proportionality of attacks within international military guidelines; (2) ex ante health-impact assessments be mandated as a condition for the legality of military operations; and (3) attacks on child-centered spaces such as schools be recognized, under the category of “grave health-based violations,” as a distinct class of international offenses.
Please cite this article as:
Seyednasseri MM, Abbasi M. The Right to Health of Children in Armed Conflict: A Case Study of the Attack on Shajareh Taybeh School in Minab. Medical Law Journal. 2026; 20: e6.
Keywords: Children’s Right to Health, International Humanitarian Law, Armed Conflict, Attacks on Schools, Minab
Type of Study: Original Article |
Received: 2026/04/4 | Accepted: 2026/05/20
Received: 2026/04/4 | Accepted: 2026/05/20
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