دوره 21، شماره 2025 - ( 5-1405 )
جلد 21 شماره 2025 صفحات 65-48 |
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Seyednasseri M M, Abedin F. Children’s Hearing Health as a Component of the Right to Health in International Law: A Normative Analysis of States’
Obligations from an Evolutive Perspective. MLJ 2026; 21 (2025) :48-65
URL: http://ijmedicallaw.ir/article-1-2124-fa.html
URL: http://ijmedicallaw.ir/article-1-2124-fa.html
Seyednasseri Mohammad Mehdi، Abedin Fatemeh. Children’s Hearing Health as a Component of the Right to Health in International Law: A Normative Analysis of States’
Obligations from an Evolutive Perspective. مجله علمی پژوهشی حقوق پزشکی. 1405; 21 (2025) :48-65
1- Department of Law, Faculty of Humanities, Islamic Azad University, Dubai, UAE.
2- Medical Group, School of Medicine, Iran University of Medical Sciences, Tehran, Iran،
2- Medical Group, School of Medicine, Iran University of Medical Sciences, Tehran, Iran،
چکیده:
Children’s hearing health constitutes an important dimension of the right to health and is closely connected to the effective enjoyment of the rights to development, education, participation, equality, and human dignity. Although international human rights instruments do not expressly recognize an autonomous “right to hearing,” the recognized importance of prevention, early detection, intervention, rehabilitation, and accessibility raises the question of whether children’s hearing health may be understood as a substantive component of the existing right to health. This study examines the legal basis and normative implications of understanding children’s hearing health within the framework of existing international human rights obligations, rather than as the creation of a new autonomous right. Using a doctrinal and normative approach, the study systematically examines the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities, together with relevant General Comments of United Nations treaty bodies, World Health Organization reports and technical standards, and relevant literature in international health and human rights law. The analysis indicates that, although international human rights law does not establish a distinct autonomous right to hearing, existing legal norms provide a substantial basis for treating children’s hearing health as a substantive dimension of the right to health. Within this framework, States’ obligations may, depending on the circumstances and available resources, encompass appropriate measures concerning prevention, newborn hearing screening, early diagnosis and intervention, treatment, rehabilitation, accessibility, assistive technologies, and equitable access to quality ear and hearing care. These obligations are further informed by the principles of non-discrimination, the best interests of the child, survival and development, participation, and the rights of children with disabilities. WHO standards and scientific evidence are relevant to specifying the practical dimensions of these existing obligations, although they do not independently create international human rights obligations. The study concludes that recognizing children’s hearing health as a component of the right to health does not require the creation of a new autonomous human right. Rather, it represents an evolutive and systematic interpretation of existing State obligations in light of contemporary medical knowledge, child-rights standards, and international health guidance. This approach contributes to clarifying the substantive content of the right to health and provides a coherent framework for assessing State responsibilities concerning prevention, early intervention, rehabilitation, accessibility, equality, and non-discrimination in relation to children’s hearing health.
واژههای کلیدی: Children’s Hearing Health، Right to Health، Children’s Rights، International Human Rights Law، State Obligations، World Health Organization
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