Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 154-166 |
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Hosseini S H, Hajivand A. Criminal Responsibility of Heads of State for Violating the
Right to Access Medicine. MLJ 2023; 17 (58) :154-166
URL: http://ijmedicallaw.ir/article-1-1583-en.html
URL: http://ijmedicallaw.ir/article-1-1583-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract:
Background and Aim: It is clear that the right to life is the most important human right. The right to health is one of the fundamental rights of human beings, which is raised in order to guarantee the right to life. One of the important and basic rights that is mentioned under the right to health and is recognized as one of the most important rights in order to achieve the right to health is the right to access medicine. The purpose of this study is to examine the criminal responsibility of the heads of state in the field of violation of the right to access to medicine.
Methods: This research is descriptive-analytical and library information collection.
Ethical Considerations: Scientific trustworthiness has been observed in all stages of the research.
Results: In international human rights documents, the right to access medicine is not explicitly mentioned as a fundamental right; But the right to health, which is one of the fundamental rights, also includes the right to access medicine. The right to access medicine (in the form of a more general right to medical care) is considered a fundamental human right. This right has been supported both independently and implicitly, in the form of the right to medical care, in various international documents. The criminal responsibility of the heads of state can be examined in this context, and the analytical examination of international documents is the way forward.
Conclusion: Deliberately placing a group in an inappropriate biological situation that leads to their total or partial deterioration is one of the material elements of genocide. In fact, the indirect destruction of a group by placing its members in harsh living conditions that sooner or later will lead to their destruction. Among the examples of this action, we can mention poor nutritional status, systematic expulsion from the place of residence and reduction of essential medical services. One of the heinous international crimes based on Article 7 of the Constitution is crimes against humanity, which is one of the examples of crimes against humanity if the heads of governments deliberately deprive a population of medicine in order to destroy them. Unlike crimes against humanity, any serious violation of international humanitarian law is considered a war crime as stated in Article 8 of the Statute. In this regard, omission such as not providing necessary medical care can be included in war crimes. The spiritual element of this crime can be intentional or negligent; Therefore, the conviction of the heads of state for committing these crimes regarding the lack of supply of medicine to civilians and the injured is likely. Causing great pain and suffering or serious injuries to the body or health is one of the actions leading to a gross violation of the Geneva Conventions, which is in the category of war crimes. Depriving civilians as a method of war by depriving them of the property that is necessary for their survival (such as medicine) is also a war crime and has become a customary rule in the practice of governments.
Please cite this article as:
Hosseini SH, Hajivand A. Criminal Responsibility of Heads of State for Violating the Right to Access Medicine. Medical Law Journal. 2023; 17(58): e14.
Methods: This research is descriptive-analytical and library information collection.
Ethical Considerations: Scientific trustworthiness has been observed in all stages of the research.
Results: In international human rights documents, the right to access medicine is not explicitly mentioned as a fundamental right; But the right to health, which is one of the fundamental rights, also includes the right to access medicine. The right to access medicine (in the form of a more general right to medical care) is considered a fundamental human right. This right has been supported both independently and implicitly, in the form of the right to medical care, in various international documents. The criminal responsibility of the heads of state can be examined in this context, and the analytical examination of international documents is the way forward.
Conclusion: Deliberately placing a group in an inappropriate biological situation that leads to their total or partial deterioration is one of the material elements of genocide. In fact, the indirect destruction of a group by placing its members in harsh living conditions that sooner or later will lead to their destruction. Among the examples of this action, we can mention poor nutritional status, systematic expulsion from the place of residence and reduction of essential medical services. One of the heinous international crimes based on Article 7 of the Constitution is crimes against humanity, which is one of the examples of crimes against humanity if the heads of governments deliberately deprive a population of medicine in order to destroy them. Unlike crimes against humanity, any serious violation of international humanitarian law is considered a war crime as stated in Article 8 of the Statute. In this regard, omission such as not providing necessary medical care can be included in war crimes. The spiritual element of this crime can be intentional or negligent; Therefore, the conviction of the heads of state for committing these crimes regarding the lack of supply of medicine to civilians and the injured is likely. Causing great pain and suffering or serious injuries to the body or health is one of the actions leading to a gross violation of the Geneva Conventions, which is in the category of war crimes. Depriving civilians as a method of war by depriving them of the property that is necessary for their survival (such as medicine) is also a war crime and has become a customary rule in the practice of governments.
Please cite this article as:
Hosseini SH, Hajivand A. Criminal Responsibility of Heads of State for Violating the Right to Access Medicine. Medical Law Journal. 2023; 17(58): e14.
Keywords: Criminal Responsibility, Heads of State, Right to Health, Right to Access to Medicine, International Crimes
Type of Study: Original Article |
Received: 2022/12/18 | Accepted: 2023/02/13
Received: 2022/12/18 | Accepted: 2023/02/13
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