Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 281-295 |
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Seyedi Arani S A. Feasibility of Balance between The Interests of the Mother, Fetus and Society in the Issue of Criminal and Legal Abortion. MLJ 2023; 17 (58) :281-295
URL: http://ijmedicallaw.ir/article-1-1614-en.html
URL: http://ijmedicallaw.ir/article-1-1614-en.html
Department of Law, Kashan University, Kashan, Iran.
Abstract:
Background and Aim: "Mother" is the full point of regulations in abortion treatment. In the family and youth protection law, the legislator removed the scope of abortion treatment by adopting a strict and limited approach and the incurable disease of the fetus from the examples of abortion treatment, however, this situation causes embarrassment to the mother. This possibility exists only in the case of an incurable disease of the fetus and the danger of the mother's life. A situation that not only embarrasses the mother, but also puts the child in a difficult situation. While, in the matter of abortion, the goal is to balance the interests of the mother and the fetus. In this field, the legislator should create an ideal balance between the right of the mother to spend her pregnancy and the right to the life of the fetus, as a fundamental right. This balance can be created by creating a correct border between therapeutic abortion and criminal abortion.
Methods: This research was done using descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.
Results: Modern social needs require the legislator to expand the field of abortion to other cases where there is a clear risk to the mother or the fetus, whether the pregnancy has a legitimate or illegitimate origin.
Conclusion: It is clear that economic, social and cultural situations are not fixed; the rules governing them also change. In a situation where there is a narrow border between health and crime, it is appropriate for the legislator to take appropriate measures to remove some cases of abortion from the criminal field to medical treatment, taking into account various considerations. In this regard, selfish insistence on the goal of population growth and exclusive use of some jurisprudential opinions ends up at the cost of sacrificing the health of the population and disrupts the desired ideal balance; It is necessary to aim for the quality and dynamics of the population. A goal that is not far away; Maximum use of jurisprudential opinions and optimal use of the opinions of contemporary thinkers are the way to achieve it.
Please cite this article as:
Seyedi Arani SA. Feasibility of Balance between The Interests of the Mother, Fetus and Society in the Issue of Criminal and Legal Abortion. Medical Law Journal. 2023; 17(58): e20.
Methods: This research was done using descriptive-analytical method.
Ethical Considerations: In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.
Results: Modern social needs require the legislator to expand the field of abortion to other cases where there is a clear risk to the mother or the fetus, whether the pregnancy has a legitimate or illegitimate origin.
Conclusion: It is clear that economic, social and cultural situations are not fixed; the rules governing them also change. In a situation where there is a narrow border between health and crime, it is appropriate for the legislator to take appropriate measures to remove some cases of abortion from the criminal field to medical treatment, taking into account various considerations. In this regard, selfish insistence on the goal of population growth and exclusive use of some jurisprudential opinions ends up at the cost of sacrificing the health of the population and disrupts the desired ideal balance; It is necessary to aim for the quality and dynamics of the population. A goal that is not far away; Maximum use of jurisprudential opinions and optimal use of the opinions of contemporary thinkers are the way to achieve it.
Please cite this article as:
Seyedi Arani SA. Feasibility of Balance between The Interests of the Mother, Fetus and Society in the Issue of Criminal and Legal Abortion. Medical Law Journal. 2023; 17(58): e20.
Keywords: Fetus, Abortion, Incurable Disease, Incurable Disease, Mother's Embarrassment, Criminal Abortion, Legal Abortion
Type of Study: Original Article |
Received: 2023/02/25 | Accepted: 2023/05/29
Received: 2023/02/25 | Accepted: 2023/05/29
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